California and federal laws prohibit discrimination in the terms or conditions of employment on the basis of sex and prohibits harassment based upon sex. Further, California law protects employees from discrimination based on sexual orientation. Additionally, the law requires employers to take all reasonable steps necessary to prevent discrimination from occurring in the workplace.
Under FEHA, an employer cannot take an adverse employment action against an employee based on animus towards their gender. Adverse employment actions include but are not limited to termination, demotion, and failure to promote. For example, if an employer has a policy, which results in benefits to one gender of employees but not the other gender, this policy may be discriminatory.
EXAMPLES OF GENDER DISCRIMINATION
Gender discrimination can take many forms. Examples include the following:
Unequal pay occurs when an employer pays an employee of one sex less than an employee of the other sex for the same work.
Pregnancy discrimination includes any adverse action by an employer against a female employee because of her pregnancy. An employer must provide a pregnant employee with reasonable work accommodations as well as the right to maternity leave. Employers are also prohibited from discriminating against breastfeeding mothers.
Gender identity or stereotyping occurs when any adverse employment action is taken because an employer thinks that the employee is not “acting like” their gender or does not conform to a “gender norm.” For example, it is illegal to fire a woman because she is a “tom-boy” or a man because he acts too effeminate. Courts have ruled that transgender employees are also protected from this type of discrimination.
GENDER DISCRIMINATION ATTORNEYS
Gender should not play a role in employment decisions. Our gender discrimination lawyers represent individuals in gender discrimination cases involving a wide variety of claims, including: disparate treatment between men and women in promotions, salary, commission, or benefits; Sexual harassment and other violations of Title VII of the federal Civil Rights Act or California’s Fair Employment and Housing Act (“FEHA”); demotion or layoff following a period of pregnancy leave, maternity leave, or time off under the California Family Rights Act, the federal Family and Medical Leave Act (“FMLA”), or the Pregnancy Discrimination Act; retaliation following a complaint involving sexual harassment, sex discrimination or gender bias; and termination because of a employer’s animus towards the gender of an employee.
Tumber Law Firm is based in San Francisco, California. Our attorneys represent clients in San Francisco, San Mateo, Santa Clara, Monterey, Alameda, Contra Costa, Sacramento, Solano, Marin, and Sonoma Counties. Tumber Law Firm protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, gender, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees if they have not been paid the proper wages including overtime or minimum wage, or those not given the proper meal and rest breaks. If you believe that your rights have been violated, CONTACT US to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.