Irvine Gender Discrimination Lawyer
Despite decades of progress, we all know that women are often treated less favorably than men in the workplace. There is also the problem of employers mistreating employees who do not conform to certain gender expectations. This is why California and federal laws expressly forbid sex and gender discrimination in the workplace.
If you are the victim of such discrimination, you do not have to sit there and do nothing. You can take legal action. A skilled Irvine gender discrimination lawyer can help. At The Garza Firm, we represent individuals who have been treated differently–and illegally–based on their sex or gender. We will fight to ensure that you receive proper compensation and other damages for such illegal acts.
What Qualifies as Gender Discrimination in California?
The California Fair Employment and Housing Act (FEHA), the California Fair Pay Act, and the California Equal Pay Act are just some of the laws that seek to identify and prohibit gender discrimination in the workplace. It is important to note these laws cover both “sex” and “gender” discrimination. “Sex” is generally used to refer to a person’s assigned gender at birth, while “gender” is how a person chooses to identify. Indeed, California law makes it clear that gender discrimination covers both gender identity and gender expression.
Regardless of the terminology, an employer cannot discriminate based on any of these protected characteristics. This means that an employer cannot use your sex or gender as the basis for making any of the following decisions:
- whether to hire you;
- whether to fire or discipline you;
- how to rate your performance as an employee;
- whether to promote or assign you to a particular job;
- how much to compensate you with respect to salary and benefits; and
- whether you are eligible for training programs.
An employer also cannot require you to conform to their expectations of gender. For instance, an employer cannot ask an employee who identifies as female to dress and “act” male. And an employer certainly cannot fire such an employee if they refuse to comply.
Gender discrimination also encompasses equal pay claims. The law requires an employer to pay employees the same for performing “substantially similar work,” taking into account skill, effort, responsibility, and working conditions. Put simply, if a man and a woman are hired to do essentially the same job, the employer cannot pay the woman less. There are certain exceptions to this rule–an employer can justify a pay disparity using a merit or seniority system, for example–but the burden is on them to justify it.
Contact The Garza Firm Today
If you have faced gender discrimination in the workplace, it is crucial that you take action. You typically need to file a complaint with state or federal civil rights authorities first before taking direct legal action against an employer. A qualified Irvine gender discrimination lawyer can walk you through this process and represent you should it become necessary to file a lawsuit. Contact The Garza Firm today to schedule a free initial consultation with a member of our team.