How California Law Protects Your Rights in the Workplace
California provides some of the broadest legal protections in the country against employment discrimination. It is not only illegal for an employer to discriminate on the basis of biological sex, but also gender, gender identity, and gender expression. Among other things, this means that an employer cannot impose traditional gender-based stereotypes on employees in the workplace.
Another key California law, the Equal Pay Act, requires employers to pay employees the same for performing “substantially similar work.” The objective is to prevent pay disparities between male and female employees. If there is a wage differential, the employer has the legal burden of showing it was for a legitimate reason, such as for purposes of executing a bona fide merit or seniority system.
As previously noted, employers may also engage in less obvious acts of discrimination that are nevertheless illegal. Some examples of such behavior include:
- excluding female employees from certain company meetings and social functions
- favoring men over women when it comes to promotions
- giving female employees less favorable performance evaluations because they are considered “too bossy” or “disrespectful”
- regularly sharing sexist or misogynist jokes or materials in the workplace
- engaging in quid pro quo sexual harassment, i.e., demanding sexual favors from employees in exchange for employment benefits
- refusing to act upon complaints of workplace sexual harassment
- retaliating against an employee who files a complaint of sexual harassment or gender-based discrimination
Call Venardi Zurada, LLP, Today if You Have Been the Victim of Gender or Sex Discrimination
Before a person can sue an employer for gender or sex discrimination, they typically first must file an administrative complaint with the California Department of Fair Employment and Housing (or the U.S. Equal Employment Opportunity Commission). The DFEH will then review the complaint and decide whether a formal investigation is warranted. If the agency accepts the case, they have the legal authority to sue the employer and seek compensation on your behalf. If the agency does not accept the case, however, you then have the right to file your own lawsuit.
Before filing any complaint, however, it is in your best interest to speak with a qualified Walnut creek gender and sex discrimination lawyer. Call Venardi Zurada at (833) 893-6763 or contact us online to schedule a consultation.. If we are able to help you, rest assured that you will pay nothing until we recover money for you.
