Gender Discrimination Lawyer for Workplace Bias

If your employer paid you less, passed you over, or fired you because of your sex or gender, a gender discrimination lawyer can tell you whether you have a claim. The law protects women, men, and nonbinary workers. Kingsley Szamet Employment Lawyers represents employees in sex and gender cases, and your first consultation is free. This page is part of our guide to workplace discrimination.

What sex and gender discrimination looks like

Title VII of the Civil Rights Act bars employers with 15 or more employees from treating you worse because of your sex. That covers hiring, pay, assignments, promotions, training, benefits, discipline, layoffs, and firing. It covers pregnancy too, under the Pregnancy Discrimination Act.

Sex discrimination can take many forms. Examples include:

• A woman paid less than a man who does the same job.

• A man denied a promotion in a field where managers assume women do better.

• A transgender worker who is barred from using the restroom that fits their gender identity.

• A mother told she's "not serious about her career" and moved off the fast track.

• A worker punished for not acting the way a manager thinks men or women should act.

• A pregnant worker who loses hours after she tells her boss.

Courts treat these stereotypes as sex discrimination. Harassment can also be sex discrimination. If you face sexual comments or unwelcome touching, see our page on sexual harassment.

Sexual orientation and gender identity

In Bostock v. Clayton County (2020), the U.S. Supreme Court held that firing someone for being gay or transgender is sex discrimination under Title VII. That ruling opened the federal courts to workers who face sexual orientation discrimination. It applies in all 50 states.

Protection covers actual or perceived orientation. An employer can't refuse to hire you, deny you training, or cut your pay because you're gay, bisexual, or transgender, or because they think you are. Retaliation for reporting this treatment is also illegal.

Sex discrimination in the interview process

Bias can start before you're hired. Federal law doesn't ban every question about marital status, children, or pregnancy plans. But if an interviewer asks those questions and then rejects you, the questions can be strong evidence of bias. The same goes for job ads that prefer one sex, or an employer that always picks men for a role you were more than qualified to fill.

Save the job posting, your emails, and the names of everyone you spoke with. Write down the questions you were asked as soon as the interview ends.

Unequal pay for the same work

The Equal Pay Act requires equal pay for equal work, no matter your sex. You don't have to file an EEOC charge first, so you can go straight to court. You generally have two years to sue, or three if the violation was willful. A win can include the unpaid wages plus an equal amount as damages. Read more on equal pay claims.

How to prove sex discrimination

Employers rarely write down the real reason. Some cases have direct evidence, like sexist comments or a written policy. Most rely on patterns and comparisons. Helpful proof includes:

• Pay records that show a coworker of a different sex earns more for the same work.

• Emails or texts that show bias.

• Reviews that changed after a protected event, like a pregnancy announcement.

• Rules that are applied to one sex and not the other.

• Witnesses who saw or heard the conduct.

Keep a timeline with dates, names, and exact words. Don't wait for the problem to get worse.

How a gender discrimination lawyer helps you

• We review your pay records, reviews, emails, and job history.

• We compare how you were treated with how others were treated.

• We file your charge and track every deadline.

• We negotiate with the employer's lawyers and sue when needed.

A sex discrimination attorney can also tell you early if a claim is strong or if the facts point to another claim, such as retaliation.

Filing an EEOC charge and your deadlines

Most Title VII claims start with a charge at the EEOC. You can file online, by phone, by mail, or in person. You generally have 180 days from the discriminatory act, or 300 days in California. The EEOC tells your employer and may offer mediation. If it investigates and doesn't sue, it sends you a right-to-sue letter. You then have 90 days to file in federal court.

Retaliation is illegal. An employer can't fire, demote, or cut the hours of someone who files a charge or helps a coworker file one.

What you can recover and the federal caps

Federal remedies can include back pay, front pay, emotional distress damages, punitive damages, and attorney's fees. Title VII caps the emotional distress and punitive total based on the number of employees:

Back pay and attorney's fees aren't part of those caps. See how much you can get from a discrimination lawsuit for what drives case value.

California adds more protection

California's Fair Employment and Housing Act (FEHA) covers employers with five or more employees, expressly protects gender identity, gender expression, and sexual orientation, and doesn't cap damages. You have three years to file with the Civil Rights Department. Learn more in our guide to California discrimination law and remedies.

When to call a gender discrimination lawyer

Call as soon as you suspect your sex or gender played a role in a pay gap, a firing, or a lost promotion. Call before you sign a severance agreement. The sooner you call, the easier it is to save pay records and find witnesses.

Why employees choose Kingsley Szamet

Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. Results depend on the facts of each case.

We take cases on contingency. That means no upfront fee and no out-of-pocket cost to start. You pay only if we recover money for you.

Frequently asked questions

What is gender discrimination at work?

It's unfair treatment in a job decision because of your sex or gender. That includes pay, hiring, promotion, discipline, and firing. It also includes bias against transgender and nonbinary workers.

Is sexual orientation discrimination illegal at work?

Yes. Since Bostock v. Clayton County, federal law treats it as sex discrimination. California law protects sexual orientation too, and it applies to smaller employers.

Can a man file a sex discrimination claim?

Yes. Title VII protects men and women equally. A man can have a claim if he's treated worse because of his sex.

How long do I have to file an EEOC charge for sex discrimination?

You generally have 180 days, which extends to 300 days in California. The California Civil Rights Department gives you three years. Don't wait, because evidence fades.

Do I need a sex discrimination lawyer to file a charge?

No, but it helps. A lawyer makes sure your charge names the right claims and meets the deadlines. Kingsley Szamet represents employees in Los Angeles and across California.

How much does a gender discrimination lawyer cost?

At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.

Contact Kingsley Szamet Employment Lawyers

Call (818) 990-8300 to talk with our team about your situation. You can also schedule your free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.