San Diego Gender Discrimination Employment Law

Gender discrimination occurs when an employer treats an employee differently on the basis of the employee’s gender. Below are examples of conduct that California courts have found to be unlawful gender discrimination:

• Terminating a female employee because she is pregnant, breastfeeding or has a medical condition related to pregnancy
• Failing to hire a female for believing she may get pregnant
• Failing to hire a female who has young children, but hiring men with young children
• A policy that imposes a weight restriction on female employees, but no similar restriction on male employees
• Failing to hire a female applicant for a job that stereotypically is performed by a male

An employee that brings a gender discrimination claim is entitled to recover all lost wages and earnings incurred because of the discriminatory conduct. This includes both past earnings and those that will be lost in the future. An employee is also entitled to monetary compensation for mental suffering, anxiety, humiliation, and emotional distress, as well as possible punitive damages to deter the employer from engaging in similar conduct in the future.