Proving that you are being discriminated against at work because of your gender is extremely challenging, and there are many times when you will feel overwhelmed, confused, and defeated by the process. However, laws in California exist to protect you against workplace discrimination based on protected characteristics such as gender, age, race, and pregnancy status.
Whether you need clarification on the laws or want to take legal action against your employer, the lawyers of California Labor Law Employment Attorneys Group are with you every step of the way. Please contact our office and speak to a legal expert with decades of experience in workplace discrimination and retaliation claims.
How to Prove Gender Discrimination in the Workplace
To prove a case of gender discrimination under California law, you must show evidence of the following elements.
Unfair Treatment Based on a Protected Characteristic
Both California and federal laws have a list of protected characteristics that employers cannot discriminate against, such as race, religion, disability, sexual orientation, and gender or gender identity. As an example, your employer cannot discriminate against you because on the basis that you are a woman.
Your Job Performance is Unfairly Criticized or Used Against You
Essentially, you would have to establish that you are performing or have performed your job in a satisfactory manner, which is not easy to prove. Frankly, there is always room to improve with any job position, but employers also have to balance their criticism and ensure that they are not engaging in discrimination. So, it’s essential to establish a track record of being a conscientious, hardworking, and capable employee, which you do by:
- Having a thorough understanding of your job duties and detailing them in a clear and consistent manner
- Have copies of your performance evaluations to show that you are doing a good job
- Retaining copies of all reports, projects, and other work you’ve done to show the quality of what you do for your employer
- Letters of commendation and praise from customers, co-workers, clients, etc.
- If possible, obtaining copies of work from other employees to show as a comparison (work from male colleagues, for example, if you are a female)
Witness statements and testimony can also work as a powerful form of evidence. If your employer openly makes discriminatory comments, speak with colleagues who may have experienced or witnessed / heard incidents of gender discrimination.
Gender Discrimination has Negatively Impacted
Your Career
Here, you are showing that in spite of your qualifications and satisfactory job performance, one or more negative employment decisions were made against you, such as:
- Receiving a bad performance evaluation
- Denied a raise, bonus, or promotion
- Were denied training and opportunities/ benefits that was given to other employees
- Demoted, i.e., transferred to a lower position
- Had your hours or salary reduced
- Terminated from your job
The Adverse Actions Taken against You Were Not Objective
Make sure to look through your company’s policies on performance appraisals, which will help you demonstrate that the criteria used to evaluate you went against company policy.
Keep in mind that job decisions have to be made on objective, measurable, and realistic criteria, not subjective standards like, “She’s not a team player” or “He’s not good at communicating.” You can also look for contradictions in what was said by your employer, which may include:
- Criticizing you for poor communication skills when there is proof of them praising you for communicating effectively
- Praising your skills and knowledge, then criticizing you for lacking in these areas within the same time frame or close to it
- Accusing you of rapid deterioration in your job performance when you can prove otherwise. For example, you are accused of not completing assignments on time, but you can show that you completed all assignments by the deadline set by your employer
There is a Clear pattern of Gender Discrimination at Your Workplace
You can do this by comparing the treatment you receive to that of employees not in your protected class. As much as possible, provide evidence that co-workers of similar positions and qualifications were offered better projects, opportunities, and more favorable treatment. A common example is male colleagues being given promotions consistently, while females with the same skill and experience are not extended the same opportunity. Or, you are a male who is written up for being late to work, but your female colleagues who are late do not face any repercussions.
Speak Up If Your Facing Discrimination Based on Gender
While this is a scary step, make sure to rebut any discriminatory action in writing and send it to your supervisor. Be clear about your reasons for disagreeing with the action that was taken and support your allegations, like listing all your accomplishments that indicate you are an honest, capable, and satisfactory worker. In addition, file a complaint with your employer’s Human Resources department, as you are required to try and settle the dispute internally before you can take legal action.
In the event nothing is done about your complaint with HR, you can report your employer to the federal government’s Equal Employment Opportunity Commission (EEOC). The EEOC will review your complaint and decide whether or not to conduct a formal investigation. This is a necessary step before you can file a discrimination lawsuit against your employer.
After being Terminated, Your Position was Filled by Someone of the Opposite Gender
Of course, just the fact that your position was filled by someone outside your protected class in itself, does not prove a case of gender discrimination. But if the person who replaced you was of equal qualifications and experience, that could be sued to support a case of gender discrimination. But many companies have gotten savvy when it comes to filling a role after a wrongful termination. Some businesses claim that they are restructuring or downsizing, and do not refill the position at all, or create another position that they fill with someone of the opposite gender.
Keep in mind that there may be other factors you’ll need to prove based on the circumstances of your case, which is why a thorough discussion with an employment rights lawyer is necessary.
Talk to a Lawyer Who can Sue for Gender Discrimination
Discrimination in the workplace can be devastating to your finances, professional reputation, and mental / physical health. Proving that you were treated unfairly because of your gender is an uphill battle for many claimants because it’s easy for employers to claim that there are other reasons for why you were fired, demoted, etc.
Building a solid case and obtaining the compensation you deserve requires help from a seasoned workplace discrimination attorney. Our legal team is ready to fight for you 24/7, and we will do so at no upfront cost. The Zero Fee Guarantee is our promise to you that no legal fees will be collected until we secure your payment form a successful lawsuit. If we fail to bring you compensation, you pay us absolutely nothing.
For more information on how to prove gender discrimination by an employer in California, contact us for a free case evaluation.
