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.
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.
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 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 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:
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.
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.