Gender Employment Discrimination

It is against the law for an employer to discriminate against a person based on their sex or gender.

Gender Discrimination

Gender discrimination has adverse effects on the workplace. It is against the law for an employer to discriminate against a person based on their sex or gender. Employers are also prohibited from paying employees of the opposite sex different wages for equal work. There are many different nuances within the law regarding sex discrimination in the workplace. In addition to Title VII of the Civil Rights Act of 1964, many states have their own regulations on the workplace. In California, the Department of Fair Employment and Housing lays out many policies employers must implement.

A unique aspect of California law is that it protects gender identity and gender expression. This requires employers to allow an employee to appear or dress in a way consistent with the employee’s gender identity. Of course, employers are allowed to impose any reasonable workplace appearance, grooming, or dress code standards. However, these standards must permit employees to dress according to their personal gender identities.

Examples of Gender Anti-Discrimination Policies

The California Department of Fair Employment and Housing is constantly expanding on anti-discrimination policies in the workplace. As of recently, the Department has expanded policies regarding:

Dress code standards
o You have the right to dress in a manner consistent with your gender identity.
Restroom accessibility
o There must be an accessible restroom in the workplace that corresponds with your gender identity.
Preferred pronouns
o If you are currently transitioned or have transitioned, you have the right to be addressed by the name and pronoun that you identify as.
Hiring practices
o An employer may not discriminate against any potential employers during the hiring process.
Jokes and slurs
o Inappropriate jokes and slurs regarding someone’s sex or gender should never be tolerated in the workplace environment.

The workplace should be a comfortable, safe space that allows employees to perform their duties to the best of their capabilities. It is a harsh reality that gender discrimination occurs in many workplaces. Whether the discrimination is blatantly obvious or more entailed in the companies’ policies, our firm is here to aid you.

Talking to an experienced employment lawyer can help determine the depth of your case. In addition to helping you receive the maximum amount of compensation, we aim to hold your employer liable for their discriminating conduct. Our firm strongly believes that no person should be discriminated against based on their sexual identity. Call us to discuss your potential claim and compensation for your injuries.

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