If an employer in San Diego is guilty of treating you unfairly, making inappropriate remarks, or taking adverse employment action against you because of your gender, you have the right to file a claim today. The experienced and compassionate employment attorneys at Fairchild Employment Law can help you get the fair case outcome that you are legally entitled to. We have years of experience going up against powerful employers to hold them accountable for gender discrimination and harassment.
Why Hire Our Gender Discrimination Attorneys?
- We can provide the guidance you need with personalized legal strategies during your gender discrimination case in San Diego. We take the time to really get to know our clients and identify their case goals to achieve optimal results.
- Our attorneys have decades of experience on both sides of employment law, giving us an edge when going up against employers for gender discrimination. We can use our knowledge to provide key insights and strategies that work.
- You will not be charged a cent in attorney’s fees unless we win your gender discrimination claim. We operate on a contingency fee basis, with $0 charged upfront. We are here to help you make a financial recovery, not add to your burden.
How an Attorney in San Diego Can Help You
When you hire a knowledgeable gender discrimination lawyer to represent you, you gain access to a wealth of knowledge and legal resources that can enable you to bring a strong claim against your employer. A gender discrimination attorney can investigate your workplace and employer to collect evidence of gender discrimination. Then, your attorney can use this to file a complaint or build a claim against your employer in pursuit of financial compensation on your behalf.
Understanding Gender Discrimination
Gender discrimination is defined as an employer treating an employee differently or less favorably based on the individual’s gender, gender identity, gender expression, or sexual orientation. It can refer to various types of harassment or adverse employment actions, including:
- Failing to hire the individual
- Making rude or inappropriate comments
- Discriminatory jokes or remarks
- A work environment that feels hostile
- Denying job opportunities or promotions
- Demoting or firing the worker, which may amount to wrongful termination
- Discriminatory workplace policies
- Unequal pay because of gender
- Retaliation for reporting gender discrimination
Gender is defined by California Penal Code § 11410 (the law against hate crimes) as “sex, and includes a person’s gender identity and gender expression, or a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.”
What Is Sex vs. Gender Discrimination?
The terms sex discrimination and gender discrimination are often used interchangeably. However, California law recognizes important distinctions between the two.
Sex discrimination refers to unfair treatment based on a person’s biological sex, meaning whether they are male or female. This type of discrimination can include actions such as paying men and women differently for the same job, denying promotions based on sex, and firing an employee because of pregnancy.
Gender discrimination, on the other hand, involves unequal treatment based on factors such as gender identity, gender expression, and perceived gender. It includes discrimination against transgender employees, for instance, as well as anyone who doesn’t conform to traditional gender norms.
Both forms of discrimination are prohibited under state and federal law. They can appear in various contexts, including hiring decisions and policies that disadvantage one gender over another.
What Does California Law Say About Gender Discrimination?
California has some of the strongest workplace discrimination laws in the country. Per the California Fair Employment and Housing Act (FEHA), employers with five or more employees are forbidden from discriminating against individuals based on sex, gender, gender identity, or gender expression.
This means employers cannot, for example:
- Refuse to hire someone because of their gender
- Pay workers unequally based on sex or gender identity
- Create a hostile work environment through harassment
- Impose dress codes and grooming standards that target one gender
- Retaliate against workers who report gender discrimination
Additionally, the California Equal Pay Act requires equal pay for substantially similar work, regardless of the person’s gender.
Federal law also protects workers from gender discrimination. Title VII of the Civil Rights Act of 1964 makes it illegal for employers to treat workers unfairly because of their sex or gender. The Equal Pay Act of 1963 ensures that men and women receive the same pay for the same work. The Pregnancy Discrimination Act also protects employees from being treated unfairly due to pregnancy and childbirth.
Together, these state and federal laws give employees significant protection against workplace discrimination. Employers who break these laws can face serious penalties, including lawsuits and fines.
What to Do if You Are Experiencing Gender Discrimination in San Diego
If you are experiencing any form of gender discrimination at your place of employment in San Diego, start documenting the problem. In as much detail as possible, write down a description of any discriminatory events or behaviors.
Include the date, time, and location of each incident, as well as the names of anyone who witnessed it. Collect relevant employment records, such as your employment history, pay stubs, performance reviews, and texts or emails from your employer. Bring all of this information to a free discussion at Fairchild Employment Law to learn your rights.
What Evidence Do You Need To Prove Gender Discrimination in California?
Winning a gender discrimination claim requires credible evidence showing that your employer treated you unfairly because of your sex or gender. This can take many forms, including:
- Direct evidence, such as emails that show hostility toward your gender identity
- Comparative evidence, like proof that employees of a different gender received better treatment under similar circumstances
- Employment records, such as performance reviews, that highlight unequal treatment
- Witness statements from coworkers who observed discriminatory behavior
- Company policies that appear to favor one gender over another
Often, discrimination happens gradually and in a disguised manner, which can make it difficult to prove. An experienced discrimination attorney in San Diego can help collect and organize this evidence on your behalf. That way, you can ensure that your case meets all of the applicable legal standards under the FEHA and federal law.
Contact Our Gender Discrimination Lawyers in San Diego for a Free Consultation
As your attorneys, we will help you understand your legal options and determine whether you are entitled to financial compensation for gender discrimination at your job in San Diego. If so, we will fight for maximum case results on your behalf using proven and personalized legal strategies. Get help today when you call (619) 306-1454, or send us an online message, and we will get back to you as soon as possible.