Legal Protections Against Gender Discrimination in California
Federal and California state laws offer comprehensive protections against gender discrimination. Below are key legal protections that safeguard workers' rights.
Title VII of the Civil Rights Act of 1964
The landmark Civil Rights Act of 1964 outlawed discrimination based on sex across various employment practices, including hiring, firing, promotions, pay, and training. The act’s protections have expanded to include gender identity and sexual orientation.
The protections granted by the Civil Rights Act apply to employers with a workforce of 15 or more.
Fair Employment and Housing Act
California’s Fair Employment and Housing Act (FEHA) is one of the strongest anti-discrimination laws in the country, offering broad protections against gender discrimination and harassment in the state’s workplaces.
FEHA applies to employers with five or more employees and prohibits discrimination based on sex, gender identity, gender expression, and pregnancy. It also protects an employee’s right to be addressed by their preferred pronouns and prohibits gender-based dress codes and job duties.
Equal Pay Act of 1963
The Equal Pay Act of 1963 mandates that employers pay men and women equally for performing substantially similar work. This act aims to eliminate gender-based wage disparities and ensure employees receive equal pay for equal work.
Pregnancy Discrimination Act of 1978
As an amendment to Title VII of the Civil Rights Act of 1964, the federal Pregnancy Discrimination Act offers specific protections for pregnant employees. The act requires pregnancy, childbirth, and related medical conditions to be treated similarly to other temporary disabilities for the purposes of employment decisions, including hiring, firing, and job assignments.
California Equal Pay Act
Like the federal law of the same name, the California Equal Pay Act further strengthens protections against wage discrimination. It requires that employees be paid equally for "substantially similar work," taking into account factors like skill, effort, and responsibility, regardless of gender. It also broadens these protections to include race and ethnicity.
How to Prove Gender Discrimination
To prove illegal gender discrimination, you must provide evidence that your gender played a role in adverse actions taken by your employer. Here are some steps you can take to strengthen your case.
Documenting Incidents
Maintain a detailed record of any discriminatory remarks, actions, or decisions that you believe are related to your gender, including the dates they occurred. This record could include notes on conversations, specific incidents, and changes in your job duties or evaluations that coincide with these incidents.
Comparing Treatment
Collect any evidence that shows that employees were treated differently based on gender. This may involve comparing your experiences with those of colleagues of a different gender who are in similar roles or have similar qualifications. Record any disparities in opportunities, promotions, salary, or discipline.
Gathering Witness Testimony
Obtain statements from coworkers, supervisors, or others who have witnessed the discriminatory behavior. Witnesses can corroborate your claims and provide an objective perspective on the events in question.
Reviewing Company Policies and Practices
Examine your employer’s policies and practices to identify any inconsistencies between what is written and what has occurred. Discrepancies in how policies are applied, especially if they negatively impact one gender more than the other, can be a strong indicator of discrimination.
Collecting Written Communications
Emails, memos, and other forms of written communication can be powerful evidence. Keep any messages that suggest gender bias, such as inappropriate comments, gender-based assumptions, or unfair evaluations that are based not on performance but rather on stereotypes.
Identifying a Pattern of Behavior
Establish whether there is a pattern of discriminatory behavior by your employer over time. This could involve making repeated, unaddressed sexist comments, widespread pay disparities, or biased promotion practices that affect not just you but also other employees.
Taking Legal Action Against Gender-Based Discrimination
When an employer has discriminated against you on the basis of gender or sex, there are several ways to hold the employer to account. However, the first step will likely be filing a complaint with a government agency.
Filing a Complaint with the EEOC
The first formal step in pursuing a federal gender discrimination claim is to file a claim with the Equal Employment Opportunity Commission (EEOC). This agency has the authority to enforce federal anti-discrimination laws if it determines a violation has occurred.
The EEOC will investigate your claim and determine whether to take legal action against your employer. If it does not pursue your case, the EEOC will issue a Notice of Right to Sue, which allows you to file a civil lawsuit.
Filing a Complaint with the CRD
In California, you may also file a complaint with the California Civil Rights Department (CRD) to enforce state-specific protections against gender discrimination. This process is similar to filing a claim with the EEOC. The CRD will review your complaint and decide what actions to take. If it denies your claim, you have the right to file your own lawsuit against the employer.
Some California laws provide broader protections than federal laws. Your lawyer can advise you whether it’s better to file a claim with the EEOC or the CRD.
Filing a Gender Discrimination Lawsuit
If your case involves a violation of the Equal Pay Act, you do not have to wait for the EEOC to investigate your claim before filing a lawsuit. Instead, you can proceed directly to court with the help of a gender discrimination lawyer.
Potential Compensation for Gender Discrimination
Victims of gender discrimination may be entitled to various forms of compensation. If your case is successful, you could receive the following:
- Back pay: The employer pays back the wages you lost, including compensation for missed promotions and pay raises linked to the discriminatory actions.
- Benefits: Along with lost wages, you can recover lost benefits like retirement contributions, bonuses, and healthcare premiums.
- Reinstatement: If appropriate, the employer may be ordered to reinstate you in your former position.
- Front pay: If returning to your previous position isn’t practical, you can be compensated for the future earnings you would have received if you had continued in your role.
- Emotional distress: You might receive payment in consideration of challenges like mental anguish, anxiety, or depression due to the discriminatory treatment.
- Additional compensation: You may also qualify for reimbursement of your legal fees and other expenses you incurred during your pursuit of justice.
Can you hold an individual coworker accountable for their discriminatory behavior? It may be possible, especially if they were in a leadership position. However, these types of gender discrimination lawsuits against coworkers are not common. Speak to your lawyer about whether you can pursue damages directly from the person responsible for the discriminatory acts.
Factors Influencing Compensation
Courts consider several factors when calculating damages in gender discrimination cases:
- Severity of the discrimination: How serious and harmful the discriminatory actions were.
- Duration of the conduct: How long the discriminatory behavior continued.
- Extent of Harm: The emotional, psychological, and financial impact on you.
- Employer’s conduct: Whether the employer acted with malice, recklessness, or intent.
- Mitigating factors: Any efforts you made to minimize the harm or seek resolution.
However, the most important factor in how much compensation you can receive for a gender discrimination case is the financial impact of the discrimination, including its effect on your career.
Filing Deadlines for Gender Discrimination Claims in Los Angeles
If you’ve experienced gender discrimination at work in California, it's crucial to act quickly. You have 180 days or 300 days from the last discriminatory act to file a complaint with the EEOC. After filing, you can request a Notice of Right to Sue, which gives you 90 days to file a lawsuit in federal court.
These deadlines are strict, so consult with a gender discrimination attorney promptly to ensure your claim is filed on time.
