Gender Discrimination in California Workplaces

Gender discrimination remains a huge problem in the United States of America. According to Pew Research Center, approximately 42% of working women and 22% of working men in the U.S. have faced discrimination on the job due to their gender. Despite this type of discrimination being prohibited by both state and federal law, many workers in California continue to face unequal treatment because of how they identify, present, or are perceived. This includes women, men, transgender, nonbinary, and gender nonconforming individuals. In this article, we discuss the meaning of gender discrimination, the different types, and the steps to take if you experience gender discrimination.

What is Gender Discrimination?

In California, workplace gender discrimination arises when an employer treats a worker or job applicant unfavorably due to their sex, gender identity, gender expression, or perceived gender. Gender discrimination is illegal under both Title VII of the Civil Rights Act and California’s Fair Employment and Housing Act (FEHA). The California Fair Pay Act also prohibits workplace gender discrimination. Specifically, this Act prohibits employers from paying employees less than their counterparts of a different gender for performing substantially similar work. In California, everyone is protected, including nonbinary and transgender individuals.

It is vital to note that FEHA applies to both private and public employers, employment agencies, and labor organizations. Any employer with at least five employees, including both full-time and part-time, is prohibited from discriminating against individuals due to their sex or gender.

Types of Gender Discrimination

Workplace gender discrimination can be obvious, loud, or subtle and hard to detect. Below are some of the common types of workplace gender discrimination;

1. Unequal Pay

This form of gender discrimination happens when an employer pays a worker less than other workers of a different gender for doing the same work.

2. Discriminatory Hiring, Firing, and Promotions

Failing to hire or promote someone or terminating someone because of their sex, gender identity, gender expression, or perceived gender is illegal. Employers are required to make decisions based on an individual’s abilities and not their gender.

3. Stereotyping

This arises when workers are assigned tasks and roles based on assumptions tied to their gender. For example, an employer may expect women to handle administrative duties, while men are selected for leadership or physically demanding tasks or roles.

4. Pregnancy-Based Bias

It is illegal for employers to treat people differently because of pregnancy, childbirth, or related conditions.

5. Harassment

Harassment may encompass offensive comments or jokes, name-calling, and unwanted sexual advances. Such conduct can create an environment that feels demeaning or unsafe.

What to Do if You Experience Gender Discrimination

The following are the steps to take if an employer discriminates against you because of your gender;

• Maintain a detailed record of discriminatory incidents, including date, time, names of people involved, and witnesses.
• Report using your employer’s internal procedures
• Speak with a qualified employment attorney

An experienced California employment lawyer can evaluate your claim and help you understand your rights and legal options. They can guide you through the legal process, which may involve first filing a complaint with the California Civil Rights Department and then taking your case to court, if necessary.

Contact a California Employment Lawyer

If you believe an employer has discriminated against you because of your gender, contact a California employment lawyer near you for legal help.