Sex and gender discrimination can create a toxic work environment and prevent employees from achieving their full potential. Fortunately, both federal and California laws provide strong protections against such discrimination. Understanding how to identify, document, and prove discrimination is crucial for protecting your rights. This guide explains the key steps to take if you suspect you’re being treated unfairly due to your sex or gender.
What Is Sex and Gender Discrimination?
Sex and gender discrimination occurs when an employee is treated unfairly due to their sex, gender identity, or gender expression. This can include:
- Denial of promotions or raises based on gender.
- Discriminatory hiring practices.
- Unequal pay for equal work.
- Harassment or hostile behavior tied to sex or gender.
- Retaliation for raising concerns about discriminatory practices.
California law explicitly protects employees from discrimination based on gender identity, gender expression, and sexual orientation.
Legal Protections Against Discrimination
Several laws protect employees from sex and gender discrimination in the workplace:
1. Title VII of the Civil Rights Act of 1964
This federal law prohibits discrimination based on sex in workplaces with 15 or more employees. Recent interpretations also extend protections to gender identity and sexual orientation.
2. California Fair Employment and Housing Act (FEHA)
FEHA applies to employers with five or more employees and provides broader protections, explicitly covering gender identity, gender expression, and pregnancy-related conditions.
3. Equal Pay Act
Both the federal and California Equal Pay Acts require employers to provide equal pay for substantially similar work, regardless of gender.
4. Pregnancy Discrimination Act (PDA)
The PDA prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
Identifying Sex and Gender Discrimination
Discrimination is not always obvious. Look for these warning signs:
- Unequal opportunities: Being passed over for promotions or assignments given to less qualified individuals of a different gender.
- Pay disparities: Receiving a lower salary than colleagues performing similar work.
- Hostile work environment: Facing offensive jokes, comments, or behavior tied to gender or sex.
- Exclusion: Being excluded from meetings, networking opportunities, or social events due to gender.
Steps to Prove Discrimination
If you suspect discrimination, follow these steps to build a strong case:
1. Document Incidents
Record every instance of suspected discrimination, including:
- Dates, times, and locations.
- Specific actions or comments made by individuals involved.
- Names of witnesses, if applicable.
- Copies of emails, performance reviews, or other documentation supporting your claims.
2. Compare Treatment
Identify patterns of unequal treatment, such as male colleagues receiving better assignments, pay, or recognition. Evidence of favoritism or systematic bias strengthens your case.
3. Review Workplace Policies
Check your employee handbook or HR documents for policies related to anti-discrimination. Employers are legally required to have policies addressing workplace discrimination.
4. Report the Discrimination
File a formal complaint with your employer. Ensure your complaint is:
- In writing, with clear details and evidence of discrimination.
- Submitted to the appropriate person, such as a supervisor or HR representative.
5. File a Complaint With a Government Agency
If your employer fails to address the issue, you can file a claim with:
- California Department of Fair Employment and Housing (DFEH) for state-level discrimination complaints.
- Equal Employment Opportunity Commission (EEOC) for federal-level claims.
Both agencies investigate claims, mediate disputes, and take legal action if necessary.
6. Consult an Employment Attorney
An experienced attorney can help you understand your rights, gather evidence, and file legal claims. They can also represent you in negotiations or court proceedings.
Protecting Yourself From Retaliation
Retaliation for reporting discrimination is illegal. If you experience retaliation, such as termination, demotion, or hostile behavior, document these actions and notify your attorney or a government agency immediately.
How PLBH Can Help
If you’ve faced sex or gender discrimination in the workplace, PLBH is here to help. Our experienced employment law attorneys are dedicated to protecting employees’ rights. Call (800) 435-7542 to schedule a consultation and take the first step toward justice.