You are protected from sex-based discrimination because of Title VII. Title VII is a portion of legislation that was created in the Civil Rights Act of 1964. The Civil Rights Act of 1964 was a historic combination of laws that greatly increased the level of protection from discrimination and other civil injustices for many Americans. A violation of these laws exposes employers to discrimination lawsuits filed by their employees.
What Constitutes Sexual Discrimination?
Sex-based discrimination is the unfavorable treatment of an employee or applicant because of the individual's sex. In other words, preferential or unfavorable treatment is given to one employee or applicant over another, exclusively because he or she is a man or a woman. Although generally attributed to protect the unfair treatment of women, it can also apply to men, people who are transgender, lesbian, gay, or bisexual.
California law requires that both men and women are treated equally. This translates into all aspects of employment, such as, hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Since employers are generally aware that discrimination is wrong, it is often not a blatant act. Although it can surface in a variety of ways, the following list indicates some examples of sex-based discrimination:
- Your employer refuses to promote you because you are told that the job involves regular interaction with men who respond best to a tough man's leadership style. Or, conversely, you are refused a promotion because you are told that you are not as sensitive as a woman.
- Your employer provides benefits to the wives and families of male employees but does not provide the same benefits to the husbands and families of female employees.
- Your employer does not approve additional training for a woman with young children, but does approve additional training for a man in a similar position who also has young children.
- Your employer gives you above average reviews, but you are frequently passed over for new positions and opportunities that instead are given to less qualified individuals of a different sex with less experience.
- 30,356 sex discrimination charges were filed in the United States, up 6%.
- Nationally, sexual discrimination charges, which include sexual harassment and pregnancy allegations, rank third after retaliation (37,836) and race (33,512)
- $365.4 million dollars worth of monetary recoveries made nationally
- 2,036 sexual discrimination charges were filed in California, up 5.7%
- California charges account for 6.7% of the total sexual discrimination charges in the country
What is Sexual Orientation Discrimination?
Sexual orientation discrimination occurs when an employer discriminates against an individual because they are perceived or actually gay, lesbian, bi-sexual, and/or transgender.
Heterosexuals can also experience sexual orientation discrimination. Discriminating based on sexual orientation can include the following behavior:
- Not hiring an applicant
- Being passed over for a promotion
- Wrongful termination
- Poor performance evaluations
- Withholding training or other job resources
- Denying specific benefits
If you have been a victim of sexual discrimination at work or know someone who has been, please call us at 888-500-8469. An attorney at our firm can meet with you for a free initial consultation to discuss the circumstances of your case. We also take most cases on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation.