Gender Discrimination at Work

Gender discrimination in the workplace is not only unjust, but it is illegal under California and federal law. It occurs when an employer treats an employee unfairly based on their gender, gender identity, or gender expression.

What is Gender Discrimination at Work

Gender discrimination involves unequal treatment based on:

• Biological sex (female, male, intersex)
• Gender identity (woman, man, transgender, non-binary)
• Gender expression (how you present yourself through clothing or behavior)
• Sex stereotypes (assumptions about abilities or roles based on gender)

This bias can influence decisions about hiring, pay, promotions, or daily interactions. It also includes discrimination during gender transitions or for not conforming to traditional gender norms.

Examples of Gender Discrimination at Work

Gender discrimination can take many forms, each undermining workplace fairness. Common examples include:

• Pay Gaps: Earning less than colleagues doing similar work due to gender.
• Promotion Denials: Being overlooked for advancement despite qualifications.
• Harassment: Facing sexist comments, misgendering, or quid pro quo demands.
• Exclusion: Being left out of meetings or projects others are invited to.
• Stereotyping: Being assigned tasks based on gender assumptions (e.g., “Women handle admin work”).

Laws Protecting Your Rights at Work

Federal Protections

• Title VII of the Civil Rights Act: Applies to employers with 15 or more employees. It prohibits discrimination based on sex in hiring, firing, pay, and promotions.
• Equal Pay Act: Requires equal pay for equal work, regardless of gender.

California Protections

• Fair Employment and Housing Act (FEHA): Covers employers with 5 or more employees. It explicitly protects gender identity, expression, and transitioning, and prohibits gendered dress codes or job duties.
• California Equal Pay Act (CEPA): Prohibits bay disparity based on gender, race, sex, and ethnicity.

California’s FEHA is one of the nation’s most comprehensive anti-discrimination laws, providing employees with powerful tools to combat workplace bias.

How to Protect Yourself if You Experience Gender Discrimination at Work

If you suspect gender discrimination, taking prompt action is essential. Follow these steps:

1. Document All Incidents: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
2. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
3. Report to Your Employer: Submit a written complaint through your company’s HR or complaint process.
4. File a Formal Complaint: Contact the California Civil Rights Department (CRD) within 3 years of the incident or the Equal Employment Opportunity Commission (EEOC) within 300 days for federal claims. An attorney can help you with filing these claims.
5. Consult an Attorney: An experienced attorney can guide you through the legal process and help build a strong case.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.