Newport Beach Gender Discrimination Lawyers
Gender discrimination can affect men or women in the workplace, but women especially continue to be the victims of sex stereotypes and gender bias when it comes to assumptions about job performance. Individuals who identify as transgender or gender nonconforming also continue to face job discrimination based on their gender identity or gender expression. The employment discrimination attorneys at The Garza Firm have dedicated their careers to righting these wrongs and making sure Californians are not mistreated in the workplace. If you’ve been denied a job, fired, or treated adversely because of your gender in Los Angeles or Orange County, The Garza Firm will help you obtain justice and accountability for the discriminatory conduct you endured along with a full measure of compensation for the harm you’ve suffered. Contact our experienced Newport Beach gender discrimination lawyers today.
California State and Federal Laws Prohibit Gender Discrimination
Many state and federal laws outlaw gender discrimination in employment and provide a means for victims of discrimination to lodge complaints or file lawsuits for redress. At the national level, Title VII of the Civil Rights Act prohibits discrimination based on sex/gender, and the Equal Pay Act requires equal pay for equal work performed by women and men.
In California, the Fair Employment and Housing Act (FEHA) prohibits sex/gender discrimination along the same lines as Title VII but is broader in scope in that it applies to employers with as few as five employees (as opposed to 15 employees in Title VII) and also explicitly includes sexual orientation, gender identity and gender expression as protected characteristics under the law. Additionally, California has its own Equal Pay Act which was strengthened considerably by the state’s Fair Pay Act, making California’s equal pay law the strongest in the nation and making it easier than ever for women (and men) to bring pay disparity claims and succeed on their merits.
These laws prohibit not just unequal pay but also discrimination based on gender regarding job assignments, promotions, hiring, firing, and every other aspect of employment. These protections apply to adverse employment decisions based on a person’s actual or perceived sex or gender, or their association with a real or perceived member of a protected class of people under the law.
Other laws, such as the Pregnancy Discrimination Act and the Americans with Disabilities Act, prohibit discrimination based on pregnancy, childbirth, and related medical conditions. Employers must accommodate a pregnant woman’s health needs to the same extent they are required to accommodate short-term disabilities. Employers cannot act on assumptions about a pregnant woman’s ability to do the job. Lactation accommodations are also required by California law for mothers who are breastfeeding.
Gender Discrimination Is Based on Bias, Stereotypes
Gender discrimination in employment is often based on misplaced assumptions and stereotypes about women’s ability to perform certain jobs versus men. Intentional discrimination and bias play a role as well. Gender discrimination law prohibits making employment decisions that treat people differently based on their gender, whether based on hostility toward one’s gender or well-intentioned but unlawful assumptions or unjustified bases for disparate treatment.
Gender discrimination can include making employment decisions based on gender due to perceived differences in men and women when it comes to:
- Physical strength or agility
- Customer preferences
- The need for separate restrooms, locker rooms, or shower facilities
- Traditional gender roles
Gender Discrimination Protections for LGBTQ+
When it comes to gender discrimination in employment, California law also prohibits discrimination based on sexual orientation and gender identity. Specifically, California law prohibits discrimination based on:
- Gender identity – A person’s understanding of their gender or another’s perception of their identity
- Gender expression – Gender identification based on one’s actual or perceived appearance or behavior
- Transgender – When a person’s gender identity differs from the sex they were assigned at birth
- Gender nonconforming – When a person’s behavior or appearance does not conform to prevailing cultural and social expectations about what is appropriate for their gender
A transgender person is protected from discrimination in employment whether they are transitioning, transitioned, or perceived to be transitioning. Transgender persons are entitled to dress and appear in a manner consistent with their gender identity or gender expression.
Is It Ever Okay to Discriminate Based on Gender?
In limited situations, employers can make employment decisions based on gender when hiring or assigning a person of a specific gender is a Bona Fide Occupational Qualification (BFOQ). Under California law, a BFOQ exists when a job requires conducting body searches or observing another person in a state of nudity if it would be offensive to prevailing social standards if a person of another gender were present, and it would be mentally or physically harmful to the person being searched or observed to have a person of another gender present.
When an employer raises a BFOQ defense, The Garza Firm will look closely at all the surrounding circumstances to ensure the employer isn’t using it as a pretext to discriminate. Employers are required to make assignments and accommodations that minimize the need for this BFOQ, and our Southern California employment law attorneys will work to ensure you are being treated fairly.
Contact The Garza Firm Today
The Garza Firm is committed to the principle of getting great results every time for our clients. If we take your case, it is because we believe in you and will fight to achieve success on your behalf. If you believe that you have been subjected to unlawful sex-based discrimination at work, call our experienced Newport Beach gender discrimination lawyers today for a free consultation to discuss your claim.