Sex and Gender Discrimination

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California Employment Attorney Representing Employees Who Are Victims of Sex/Gender/Transgender Discrimination at Work

Despite the fact that gender or sex do not have any impact on an employee’s competence or ability to work, sex and gender discrimination are still rampant in the workplace. Still, employees are discriminated against at work for their sex or gender identification. Women and openly gay, lesbian bisexual and transgender workers are positive contributors to the workforce and deserve to be treated equal to their colleagues. State and federal laws agree, and mandate employees be given equal access and protections in the workplace. These state and federal anti-discrimination laws apply at all phases of an employee and employer’s relationship including, hiring, firing, promotion, compensation, and any other phase of employment.

You do not and should not tolerate harassment or discrimination at work because of your gender, gender identity or gender expression.

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Title VII of the Civil Rights Act of 1964

Through Title VII of the Civil Rights Act of 1964, federal law has made it illegal for an employer to discriminate against an employee, prospective employee, or applicant for employment because of their sex, gender, gender identity, gender expression or sexual orientation.

Woman crying as she is catcalled by two men

California Fair Employment and Housing Act (FEHA)

In California, FEHA protects employees against workplace discrimination on the basis of sex and gender as well. It is unlawful for employers to discriminate against a female employee or employee who identifies as transgender.

Nabati Law Proudly Represents Victims of Sex, Gender and Transgender Discrimination Throughout California

Nabati Law is a Los Angeles based law firm founded to protect employees against discriminatory employment practices in the workplace. We understand your rights and are dedicated to handling employment law cases where employees are denied their basic rights and protections. We take pride in protecting and advancing rights in the workplace for all people, including transgender individuals. If you believe you have been a victim of wrongful employment practices, denied a job or a job opportunity, demoted at work, fired, harassed, or mistreated because of your sex, gender identification, or because you a member of the LGBTQ+ community, contact Nabati Law for a free and confidential case evaluation.

Sex Discrimination vs Gender Discrimination

Sex and gender are two separate protected classes that protected by employment laws. Sex refers to whether a person is genetically a male or a female. Gender refers to which sex someone identifies with regardless of their biology.

An employee may be discriminated against at work for each of these categories separately. For example, an employer can discriminate against an employee on the basis of sex by refusing to hire a female because she is a female. An employer can also discriminate against an employee on the basis of gender by refusing to hire transgendered individual who is genetically male but identifies more as a female. 

Each year, the Equal Employment Opportunity Commission reports close to 25,000 incidents of sex-based discrimination in the workplace. Although this number has improved, gender and sex discrimination continue to survive in the workplace and many instances fail to be reported or go unnoticed.

Sex and gender discrimination in the workplace can take many forms including, but not limited to:

  • Unequal pay: an employer may refuse to pay a qualified female the same pay as her male counterparty despite having the same position and status at work
  • Different job responsibilities: an employer may refuse to give a female and male employee the same duties or job opportunities solely based on their sex, for example, an employer may only provide administrative tasks to females and offer men positions with more decision-making power
  • Interview questions: an employer may inappropriately require females and males to answer different interview questions during the hiring process, for example an employer may ask a woman if she has kids or plans to have kids
  • Advancement opportunities: an employer may refuse to promote a male or female employee based on their sex or gender identity
  • Gender-specific dress code: an employer may require women to abide by a more strict dress code than men in the workplace when men and women should both have the same or similar dress code in the workplace
Sad woman being ignored by her coworkers

Your Employer Cannot Retaliate Against You for Reporting or Refusing to Engage in Sex/Gender Discrimination at Work

An employer may not retaliate against an employee who refuses to engage in sex-based discrimination practices in the workplace or an employee who has filed a charge of sex-based discrimination. If an employer retaliates or wrongfully terminates an employee for opposing sex-based discrimination or who has filed a sex-based discrimination charge, that employer will be subject to greater liability.

If you are an employee victim of sex gender discrimination at work, contact Nabati Law

Nabati Law is proud to represent employees throughout California in gender, sex, and transgender discrimination cases. We understand both state and federal employment laws and will happily provide a free consultation to advise you on your rights. Do not continue to be victimized, bullied, or harassed by your employer for your gender or sex. We are here to put you and your rights first.