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Los Angeles Sex and Gender Discrimination Lawyer
Sex discrimination occurs when a person is treated less favorably due to his or her biological sex. Gender discrimination occurs when a person is treated less favorably due to their gender identity, gender expression, or gender related appearance or behavior. When you’ve faced sex or gender discrimination in the workplace, it can be an emotionally taxing and traumatic experience. You may feel vulnerable, frustrated, or questioning your self-worth. It is essential to understand that you have legal rights, and there are experienced attorneys in Los Angeles who can help guide you through the process of asserting those rights. At Equate Law, we will help guide you through what constitutes sex and gender discrimination, how to start building your legal case, and how to sue your employer on the basis of sex and gender discrimination.
Legal Basis for Sex and Gender Discrimination Lawsuits
The Equal Pay Act is a groundbreaking piece of legislation that not only addresses the issue of wage discrimination but also serves as a powerful advocate for gender equality. Enacted in 1963, it prohibits the deeply entrenched and historically unfair practice of paying men and women different wages for performing the same job based on their sex. This monumental law has since created a more balanced workforce where individuals can find motivation in knowing that their skills, hard work, and determination would be rewarded fairly and without bias. Undoubtedly, the Equal Pay Act has been a catalyst for progress and an essential ingredient in fostering a more inclusive, equitable, and just society.
Gender discrimination can be a daunting task for anyone, including members of the LGBTQ community. Fortunately, both federal and state-level protections exist to ensure that everyone is treated with the dignity and respect they deserve in the workplace. The Federal Equal Employment Opportunity Commission (EEOC) and the California Fair Employment and Housing Act (FEHA) provide robust protection from discrimination based on gender identity, sexual orientation, and expression. In fact, California has broadened the scope of the federal protections for sex and gender. By understanding and leveraging these essential legal protections, members of the LGBTQ community can more effectively advocate for their rights and empower themselves to achieve success in their professional lives.
California state laws and legal protections include:
- Fair Employment and Housing Act (FEHA), prohibits discrimination of gender, gender expression, or gender identity, and sex.
- California Fair Pay Act and California Equal Pay Act of 1949, state that employers must pay employees who perform “substantially similar work” the same wages.
Federal laws and legal protections include:
- Title VII of the Civil Rights Act, prohibits employers from treating you differently or harassing you on the basis of gender or sex.
- Equal Pay Act of 1963, enforces rules and regulations to stop wage discrimination based on sex.
Federal Law Against Sex and Gender Discrimination
Sex discrimination happens when an employer treats an employee or job candidate unfavorably due to their sex, whereas gender discrimination refers to unfavorable treatment based on a person’s gender identity or expression. Both types of discrimination are prohibited under Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees. Examples of sex and gender discrimination include unequal pay, sexual harassment, and failure to accommodate specific gender-related needs, such as pregnancy or transgender-related medical treatments.
Sex Discrimination and Gender Discrimination in Los Angeles
In California, a progressive state that aims to lead the way in ensuring equal rights for its residents and employees, it is important to highlight that all forms of discrimination based on gender or sex are illegal. This encompasses wrongful termination, unequal access to promotions, harassment, and pay inequality. These laws reflect California’s commitment to advancing a fair and just society where everyone, irrespective of their gender or sex, has the same opportunities to succeed in the workplace. By outlawing such discriminatory practices, the state is not only standing up for its citizens, but also paving the way for a more inclusive and equitable future for all. Specifically, California has enacted vast protections that:
- Have expanded the definition of “gender identity”
- Protect transitioning employees
- Provide a right for employees to be addressed by their preferred gender pronouns
- Prohibit against requiring employees to provide documentation of their gender
- Prohibit restrictions on gendered job duties or dress codes
When an employer holds stereotypical attitudes or makes gender stereotypes such as advising a woman to “walk more femininely, talk more femininely, wear make-up, have her hair styled, and wear jewelry,” it engages in gender discrimination. Price Waterhouse v. Hopkins (1989) 490 U.S. 228, 272. The U.S. Supreme Court has also recently found that “If changing the employee’s sex would have yielded a different choice by the employer—a statutory violation has occurred.” Bostock v. Clayton County, Georgia (2020) 140 S.Ct. 1731, 1741.
Damages for sex and gender discrimination cases could include:
- Back pay and back wages
- Future lost earnings
- Job position reinstatement
- Pay differential from a promotion, raise, or bonus
- Benefits or pension benefits
- Pain and suffering
- Emotional distress
- Attorney fees and legal costs
Why Hire an Attorney?
When dealing with a sensitive issue like sex or gender discrimination, individuals often wonder if hiring an attorney is necessary. While it’s possible to file a claim without legal representation, having an attorney will increase your likelihood of success. An experienced attorney offers guidance throughout the process and ensures that your rights are protected.
Experiencing gender discrimination is not only emotionally painful but also a violation of an individual’s fundamental rights. If you suspect that you have been a victim of such unfair treatment, it is crucial to take the necessary steps to seek justice and protect your rights. One of the most effective ways to achieve that is by seeking legal counsel from a qualified attorney who specializes in handling discrimination cases. Equate Law is a dedicated and compassionate legal team based in Los Angeles that specializes in advocating for employees who have faced sex or gender discrimination in the workplace. Understanding that no individual should endure such adverse treatment, Equate Law strives to provide accessible and effective legal services to those in need. Serving the diverse community in Los Angeles, California with care, the passionate attorneys at Equate Law achieve justice by fearlessly challenging and dismantling discriminatory practices to create an equitable work environment for all. If you or a loved one have been a victim of sex or gender discrimination, contact Equate Law and let our team guide you in your pursuit of justice.
How Equate Law Can Help
In Los Angeles, representation by a skilled attorney can be particularly crucial due to California’s more expansive protections against discrimination. An attorney well-versed in the nuances of both federal and state law can effectively argue your case and hold your employer accountable for discrimination. Facing a sex or gender discrimination case against an employer in Los Angeles can feel overwhelming, but hiring an experienced attorney can provide invaluable support throughout the process. At Equate Law, we know the ins and outs of sex and gender discrimination cases and are ready to support you each step of the way. Contact our office today for a free consultation so that we can discuss the best course of action for your potential case.
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