Sexual Discrimination Lawyer
Sexual discrimination affects around 42% of women in the workplace nationwide. Unfortunately, many instances of discrimination go unreported so this figure underestimates the actual number of sexual harassment and sexual discrimination victims.
Sexual discrimination is both subtle and pervasive in American society and can occur at any time in any place. In fact, people are often unaware that they are victims until long after it happens.
No matter where you work and if you feel you have been sexually discriminated against, contact an experienced attorney from Hershey Law. We can help you determine whether you were sexually discriminated against and offer legal advice about your case. Call us at 310-929-2190 or contact us online.
What Constitutes Sexual Discrimination?
Sex-based discrimination occurs when a person receives unfair treatment because he or she is male or female. In other words, sex-based discrimination happens whenever there is unequal treatment based solely on gender. This can range from blatant acts to more subtle forms of bias, such as verbal abuse, offensive jokes, and demeaning comments.
Examples of sex-based discrimination include:
- Men receive higher salaries than their female counterparts.
- Being given less desirable assignments or having fewer career opportunities.
- Different interview procedures for men and women.
- Female employees receive preferential treatment over male employees.
- Lack of advancement opportunities for women.
- Restricting work hours, vacation schedules, or job responsibilities.
- Denial of promotions and pay raises.
- Hostigamiento o Acoso through inappropriate touching, unwelcome sexual advances, or requests for sexual favors.
The law prohibits all types of sex-based discrimination in employment. However, some situations present unique challenges that may make it difficult to prove that certain conduct constitutes illegal sex discrimination.
For example, if you pursue hostile work environment claims, it may be necessary to show that the behavior was so severe or persistent that it interfered with your ability to do your job effectively. Similarly, if you make retaliation allegations, you must demonstrate that the employer took adverse actions against you because you reported instances of discrimination.
If you believe you have been subjected to sexual or gender discrimination, or if you would like to discuss a potential claim, please contact our office today for a complimentary consultation.
Sexual Discrimination Laws in California
The Civil Rights Act is a federal law that makes sexual discrimination illegal. In California, the Fair Employment & Housing Act (FEHA), and the California Fair Pay Act make it unlawful for employers and others to discriminate against employees and applicants for employment due to their sex or gender.
FEHA is California’s primary anti-discrimination statute. It prohibits sexual harassment, which also includes sexual orientation discrimination. Employers must comply with FEHA if they have 5 or more employees. Under FEHA, it is unlawful for an employee to suffer any adverse employment action because they are gay, lesbian, bisexual, transgender, intersex, or transsexual. This means employers cannot fire or harass someone because of their sexual orientation or gender identity.
It is also unlawful for an employer to take discriminatory action against a worker who has filed a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates complaints of discrimination. If an investigation reveals bias, the EEOC can take legal action on the worker’s behalf.
Accordingly, employers should treat everyone fairly, regardless of their sex or gender. If you feel that you have been discriminated against, talk to us about pursuing a claim under FEHA. A sex and gender discrimination lawyer from Hershey Law will fight hard to put an end to any unfair treatment in the workplace.
Reporting Sexual Discrimination
You have the right to report incidents of sexual discrimination, including sexual harassment. You can file a complaint directly with the Equal Employment Opportunity Commission (EEOC) or with the California Department of Fair Employment and Housing (DFEH). If you wish to pursue a private lawsuit based on sexual discrimination, you must first bring a charge to the DFEH.
Sexual discrimination is often difficult to investigate so many people seek assistance from lawyers before going forward with litigation. At Hershey Law, we understand how frustrating and upsetting sexual discrimination can be and we strive to help victims navigate the process as quickly and easily as possible.
Contact us today to learn more about what you can do to stop this type of conduct in the future.
Sexual Discrimination Against Men
Women are often perceived as the victim when it comes to sexual discrimination. However, men can be victimized by employers or co-workers as well.
For instance, some companies may consider men less desirable hires than women. As a result, men may face greater obstacles when applying for positions.
These challenges can lead to problems like pay inequality, unequal opportunities for advancement, and unfair compensation. However, these issues affect both genders so employers must ensure equal opportunity exists for all applicants.
Put an End to Sexually Discriminatory Behavior
A hostile work environment could negatively impact the quality of life of anyone in the workplace. Whether it involves sexual misconduct or gender discrimination, this behavior is never acceptable. You deserve better than being subjected to mistreatment or threats of violence because of your sex or gender identity. Experienced sexual harassment attorneys with extensive knowledge of state and federal laws can fight to get the compensation you deserve.
Contact Hershey Law
If you or someone you know has experienced discrimination due to sex, gender, or another protected status, speak with our Los Angeles sex discrimination lawyers by calling 310-929-2190 to schedule a free consultation about your case.