FAQs About Gender Discrimination | Mann & Elias
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FAQs About Gender Discrimination

Frequently Asked Questions About Sex Discrimination in Los Angeles

Sex or gender-based discrimination has been a prevalent concern in workplaces across the country. Although anti-discrimination laws have offered protection to workers, employers still find ways to display bias.

Women have historically been on the receiving end of mistreatment. Many of them with the same position and skills as their male counterparts get paid much less. However, it can impact anyone at work regardless of gender or sexual orientation.

If this is your first time facing gender discrimination at work, you’re sure to have questions. You might find the following FAQs helpful before you reach out to our Los Angeles labor attorney for employees.

What Is Gender Discrimination?

Gender discrimination is defined as disparate or unequal treatment of an individual or group in the workplace because they identify as male or female. Common examples our discrimination attorney from Mann & Elias often sees are:

Employers should not use your gender to make hiring or firing decisions, decide your pay rate, or determine whether you’ll receive health insurance benefits.

Is It Illegal for Employers to Harass Certain Genders but Not Others?

Yes – it is illegal for upper management to discriminate against or harass any protected group. Regardless of how you identify, an employer cannot treat you differently based on gender or sexual stereotypes.

A gender discrimination lawyer for the workplace can advise you on addressing the misconduct with upper management or HR before filing an official complaint with the Equal Employment Opportunity Commission (EEOC). This step is necessary before we can proceed with a lawsuit.

What Is Gender Identity?

The Human Rights Campaign’s definition of gender identity is “one’s innermost concept of self as male, female, a blend of both or either – how individuals perceive themselves and what they call themselves.” Work environments should be inclusive for everyone, and employers should respect how you identify in the office. Patterns of ignorance or an unwillingness to understand is considered discriminatory.

Can You Share A Few Examples of Discrimination Based on Someone’s Gender Identity?

  • An employer fails to use the correct name or gender pronoun over time
  • An employer shames an employee for their personality, physical appearance, or attire
  • An employee is unable to use the restroom associated with their gender or identity
  • The company refuses to hire an applicant after learning more about how they identify

How Might an Employer Deflect My Claim Against Them?

Be wary of this defense tactic! Employers might try to use the Bona Fide Occupational Qualification (BFOQ) – meaning their actions were reasonable and necessary to protect the business or company. To win, they must demonstrate a legitimate business reason for the court to dismiss your claim. It’s best to have a sex discrimination attorney from Mann & Elias representing your case instead of acting alone.

Job Assignments – Can the Company Label Certain Jobs As “Male” Or “Female”?

Not usually – they cannot categorize specific jobs for men or women. It would be unlawful and discriminatory for an employer to base a role on traditional stereotypes.

Can Employers Discriminate Against Married or Unmarried Employees?

No! In California employers cannot base any employment decision on one’s marital status to a spouse of the opposite or same sex. You might need to consult with a sex and gender discrimination lawyer as the EEOC does not prohibit this misconduct.

What Should I Expect If I Report Gender Discrimination Against My Employer?

One of the things you should look for is signs of retaliation from your employer. It is illegal for them to mistreat you, harass, or punish you for reporting misconduct. An attorney for workplace misconduct in LA will help you issue a complaint with the EEOC when this happens.

About Mann & Elias

The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every level of the state and federal court systems.

When you retain one of our lawyers, you will be well-protected and advised. While there are thousands of lawyers to choose from, we believe our success is rooted in:

  • 50+ years of trial experience
  • Excellent advocacy skills
  • Intense preparation and research
  • Quality care

Since our partnership began over 20 years ago, we have settled hundreds of claims, completed 100 jury and bench trials, and recovered more than $18 million in settlements. For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email info@mannelias.com.


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