Sexual discrimination occurs when an employer shows bias or distinction towards an applicant or employee on the basis of their gender.  Although the majority of sexual discrimination cases are directed towards women, both men and women are protected under The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA).

Employees who have suffered from sexual discrimination might have a case. Contact experienced Discrimination Attorneys in Los Angeles to find out if you have a legal claim against your employer.

Key Points - Table of Contents

• Acts Of Gender Discrimination at Work
• Gender Discrimination Statics
• Federal Law Protections
• California State Law Protections
• Your Rights in the Workplace
• Steps to Take After Experiencing Discrimination
• Professional Legal Representation

Acts Of Gender Discrimination At Work

Acts of Gender Discrimination at Work are specific unlawful employment practices where employers treat employees or job applicants unfavorably based on their gender, sex, gender identity, or sexual orientation in various aspects of the employment relationship. The following are common examples of how gender discrimination manifests in workplace settings:

• Hiring - selecting a candidate based on gender, regardless of equal qualifications and expertise.
• Salary - when an employer pays an employee of one gender less for the same work with experience, performance and seniority being equal.
• Benefits - being forced to use sick and vacation time after pregnancy in lieu of disability leave when another employee is granted disability leave for a temporary health condition.
• Promotion - when an employee with satisfactory performance with equal or more experience is passed over for a promotion due to gender.
• Condition of employment - unnecessary conditions of a position aimed at discouraging specific gender applicants.  For example: requiring the ability to lift 100 pounds when it would not be necessary to perform the position.
• Discipline - a distinguishable difference in disciplinary action based on gender.
• Termination - when an employee of one gender with the same experience, performance and seniority is laid-off or terminated over another based on their gender.

Gender Discrimination Statics

Understanding the scope of gender discrimination helps illustrate how widespread this problem remains in American workplaces. According to the Pew Research Center, approximately four out of ten working women (42%) report having experienced gender discrimination at work. Additionally, one in four working women say they have earned less than a man performing the same job - highlighting the persistent issue of gender-based pay disparities.  These statistics underscore the ongoing need for legal protections and enforcement to ensure equal treatment in the workplace.

Federal Law Protections

Federal anti-discrimination laws are in place to protect employees against gender discrimination.  Title VII of the Civil Rights Act of 1964 serves as the primary federal protection against gender discrimination. This law applies to employers with 15 or more employees and:

• Prohibits discrimination based on sex, race, color, religion, or national origin
• As of June 2020, following a landmark Supreme Court ruling, extends protection to cover gender identity and sexual orientation
• Makes it illegal for employers to use protected characteristics as a basis for hiring, firing, compensation, or other terms and conditions of employment
• Prohibits retaliation against employees who report discrimination, oppose discriminatory practices, or participate in discrimination investigations or legal proceedings

California State Law Protections

California state law discrimination protections are additional legal safeguards that go beyond federal requirements to provide enhanced rights and remedies for employees facing discrimination under the California Fair Employment and Housing Act (FEHA).  FEHA provides even more comprehensive protections than federal law:

• Applies to employers with 5 or more employees (broader coverage than Title VII's 15-employee threshold)
• Prohibits discrimination based on sex, gender, gender identity, gender expression, and sexual orientation, among other protected characteristics
• Offers stronger remedies and protections for California workers

Your Rights in the Workplace

Your rights in the workplace are the legal protections and entitlements that ensure fair treatment and prohibit discrimination based on gender and other protected characteristics. If you are experiencing or have experienced gender discrimination, you have several important rights:

Workplace Environment Rights

• The right to work in a safe, discrimination-free environment
• The right to speak out against gender discrimination, whether affecting you or your colleagues

Reporting and Documentation Rights

• The right to report discriminatory behavior or policies to HR or management
• The right to file internal grievances through your employer's complaint processes
• The right to request and obtain copies of your personnel file
• The right to document incidents and maintain records of discriminatory treatment

Legal Action Rights

• The right to file complaints with government agencies such as the Equal Employment Opportunity Commission (EEOC) or California's Department of Fair Employment and Housing
• The right to file a lawsuit against your employer for discrimination
• The right to engage in protected activities such as peaceful protests or picketing against discriminatory practices

Protection from Retaliation

• The right to be free from retaliation for reporting discrimination or participating in discrimination proceedings

Steps to Take After Experiencing Discrimination

If you believe you have experienced gender discrimination, taking prompt and strategic action is crucial:

1. Review Company Policies - Familiarize yourself with your employer's anti-discrimination and complaint procedures
2. Document Everything - Maintain detailed records of discriminatory incidents, including dates, witnesses, and specific detail.
3. Report Internally - File complaints with Human Resources or management following company procedures
4. Contact Your Union - If applicable, involve union representatives who can advocate on your behalf
5. File Government Complaints - Submit formal complaints with the EEOC or state agencies
6. Consult Legal Counsel - Speak with experienced employment discrimination attorneys

Critical Timing Considerations Be aware of strict filing deadlines, known as statutes of limitations. For EEOC complaints, you typically have 180 to 300 days from the last discriminatory act, depending on your state's laws. Missing these deadlines can bar your claims, making prompt action essential.

Professional Legal Representation

The experienced employment attorneys at Kingsley Szament Employment Lawyers are dedicated to protecting workers' rights and holding employers accountable for discriminatory practices. We understand the complexities of gender discrimination law and can help you navigate the legal process effectively.

If you feel that you have experienced sexual discrimination at work it's important to act quickly. The LA Employment attorneys at Kingsley Szament Employment Lawyers are here to help you. Please call us toll-free at (818) 990-8300 to discuss your situation.

Additional Resources:

Types of Discrimination

What Qualifies as Workplace Discrimination?

Important Legal Disclaimer: This information is provided for educational purposes and should not be considered official legal advice. Employment laws can change and can be interpreted differently based on specific circumstances. We cannot guarantee that all information applies to your particular situation, and consultation with qualified legal counsel is essential for personalized guidance.