California Sex/Gender Discrimination Attorney
When it comes to employment in California, employers need only worry themselves about two things regarding their employees and applicants, and those two things are their qualifications and their ability to perform the essential job functions. Anything else is inconsequential and may be illegal to consider. The California Labor Law Employment Attorneys Group is here to make sure that you are protected and represent you if you believe that you have experienced sex discrimination. We will ensure that justice is served.
Things like race, religion, country of origin, disability, age, sexual orientation, and sex/gender are all unlawful for employers to consider – in all aspects of the job. From interviewing, hiring, promoting, training, and every other facet of the job, employers cannot discriminate based on things like sex and gender. While most employers do not discriminate and have a diverse employee base, there are some employers who have preconceived notions and biases which they cannot get over and use these biases to make business decisions. For example, if a woman is applying for a job and employer cannot pick a male applicant just because he is male. Doing so is considered sex discrimination and gives the employee who experienced discrimination to file a lawsuit against their employer. There are federal laws which protect employees from facing such discrimination, and in the state of California, there are also state laws which prohibit employers from discriminating against such inconsequential things.
We at the California Labor Law Employment Attorneys Group help people in your position every day, and help answer questions about employee rights and any next steps which are available to those who have experienced discrimination in the workplace.
The California Fair Employment & Housing Act
The California Fair Employment & Housing Act (DFEH) is an agency which enforces anti-discrimination laws in place to protect you from illegal discrimination in the workplace.
- It prohibits employers from harassing employees, applicants, interns, volunteers, and contractors by any person in the workplace, and requires employers to keep the workplace a safe space for everyone, i.e., take all reasonable measures to prevent harassment. For example, employers cannot allow other employees to harass women with offensive remarks; the workplace must not become a hostile and offensive place. Employers must take action against those employees and stop the discrimination.
- Employers are required to tell employees of their anti-discriminatory regulations. The policies must meet California Government Code section 12950.
- Employers with 50 or more employees and all public entities must adhere to these laws and abusive conduct prevention training for all supervisors.
- An employer cannot discriminate against women who are (or intend to become) pregnant in any facet of the employment process. So, for instance, if an employee is pregnant and there is a promotion available the employer must not overlook her just because she is pregnant and may require time off to take care of the child and to recover from child birth. Employers must give her promotion if she is the most qualified.
Filing a Lawsuit Against Your Employer
If you believe that you have experienced sex discrimination at the workplace, you may have the rights to file a lawsuit against your employer. Before you can slap a lawsuit on their desk, you must first file a sex discrimination charge with one employment government agency. There are two which exist; one at the federal level and one at the state level. The Equal Employment Opportunity Commission is the agency at the federal level, and the California Department of Fair Employment & Housing is the agency at the state level. Under the EEOC, you have 180 days to file the charge from the day you first experienced the discrimination. If the discrimination is ongoing, then you have 180 days from the day you last experienced the discrimination.
If the state protects against the same kind of discrimination on the same basis, then the deadline can be extended to 300 calendar days. Since the DFEH and the EEOC both make it illegal to discriminate based on sex, you have 300 days from when you last experienced the discrimination to file your charge with either agency.
The DFEH and the EEOC have a work-sharing agreement. Having a work-sharing agreement means that when you file a charge with one company, an identical copy is created and sent to the other agency. So if you file a sex discrimination charge with the DFEH, all of the information is duplicated and sent to the EEOC. This is known as dual filing and serves to avoid any double charges and to fully protect your rights under both state and federal laws.
Once you file a charge, the agency with which you filed will launch an investigation. If they deem that it is likely that your rights were violated, you can then request a right-to-sue letter. This right-to-sue letter gives you the green light to go ahead and fully sue your employer, and take them to court. Take note that you only have 90 days to take action against your employer from the day you receive the right-to-sue letter. It’s recommended that, because you such a short time to file against your employer, that you only request this letter once you and your attorney are ready to move forward and take action.
How We Can Help
The California Labor Law Employment Attorneys Group is here to ensure that justice is served. If you believe that you are a victim of sex discrimination, don’t hesitate to contact us for our services. We offer free consultation – which gives you the ability to sit down with one of our lawyers and explain your case with no financial obligation – and the zero-fee guarantee – which is our promise to you that you will have no financial risk because if we do not win your case you do not pay for our services. We are located in Los Angeles, but serve clients from all over the state like in Los Angeles County, San Bernardino, San Diego County, Orange County, Riverside County, Ventura County. Give us a call today to see what damages may be available to you.