Gender / Sex Discrimination

Gender discrimination occurs when a person is treated less favorably than another person in a similar situation because of his or her gender. It is often referred to as sex discrimination. Under both federal and California state law, it is illegal for employers to discriminate based on a number of different individual characteristics including gender. Despite long-standing federal and state regulations, gender discrimination remains a significant problem in the workplace. Gender discrimination can take the form of a number of actions—some overt and some subtle. For example, in some cases employers refuse to hire qualified candidates because the candidates are women, or refuse to promote qualified women. In other instances, a man may be assigned demeaning jobs or may be excluded from work-related social activities. Employers who discriminate based on the gender of an employee or job applicant face serious consequences and victims of such discrimination may be entitled to compensation. If you are in need of an employment lawyer because you have suffered gender discrimination on the job, it is important that you immediately contact an experienced Los Angeles Gender Discrimination Lawyer who will make sure your employer is held accountable for his or her discriminatory actions.

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940, is one of the strongest in the country in the protections it affords employees. In addition to prohibiting discrimination in the workplace based on someone’s gender, it also prohibits discrimination in the workplace based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, or sexual orientation. However, FEHA only applies to employers who have at least 5 employees. The provisions of FEHA are enforced by California's Department of Fair Employment and Housing.

Title VII of the federal Civil Rights Act of 1964 also prohibits employers from discriminating against employees on the basis of gender. Title VII generally applies to employers with 15 or more employees, including federal, state, and local governments. Title VII is enforced by the Equal Employee Opportunity Commission.

There are a number of actions by an employer that if completed in a discriminatory manner would be a violation of law. An act of discrimination may occur in relation to one of the following actions:

• Failure to hire
• Termination
• Denial of training
• Failure to promote
• Performance reviews
• Work assignments
• Pay cuts
• Demotions
• Discipline
• Transfers
• Work environment
• Harassment

In addition, it is illegal for employers to retaliate against employees for having complained about or reported gender discrimination.

In 2006, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court, Central District, California against Lawry’s Restaurants for their practice of barring males from being hired as servers at the restaurants since 1938 and continuing, despite the enactment of Title VII of the federal Civil Rights Act. The EEOC’s involvement came after a charge of discrimination was filed by a male applicant in Las Vegas. The lawsuit was eventually settled in 2006 for $1,025.000. As stated by EEOC Acting Chairman Stuart J. Ishimaru “this case should remind corporate America that employment decisions must be based on merit and ability to do the job – not on gender stereotypes.”

If you believe that you are the victim of gender discrimination, you may be able to bring a claim against your employer under FEHA or under Title VII of the federal Civil Rights Act. You may be entitled to several different types of compensation including back pay, emotional distress, punitive damages, and attorney’s fees.

It is important to act quickly as gender discrimination claims are subject to statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. The statute of limitations will vary depending on which laws the employee chooses to enforce. Under Title VII, the statute of limitations is normally 180 days after date of the discriminatory act. If the employee chooses instead to pursue remedies under FEHA, a complaint must be filed with the Department of Fair Employment and Housing within one-year of the alleged discriminatory act. Failure to timely file a claim will may mean that you will be forever barred from pursuing compensation in your racial discrimination case even if your case has merit.

If you are concerned about discriminatory practices in your workplace, you should discuss the specifics of your case with an experienced employment lawyer right away as there are time limits to filing claims. Employment discrimination based on gender is illegal. Not only may the discriminating party face serious consequences, you may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.