Attorney to File a Workplace Sex and Gender Inequality Lawsuit
Men and women are equal under the law. But we are told a different story when the laws are put into practice. Some woman employees are still treated unequally in the workplace, and the California Labor Law Employment Attorneys Group has the sex equality lawyers in Los Angeles you need to help you get the damages you deserve. We are to help you get the compensation you are entitled. If you believe that you have been treated differently because of your sex/gender, you may have the right to file a lawsuit against your employer.
Employers need to treat all employees in the exact same way. This means that employers cannot treat men differently than women, or vice-versa. For centuries, women were not allowed to do much of anything: they were not allowed to own land, vote, learn, or even go to work. When women entered the workforce, it was mostly low-duty work, and they were subject to much discrimination. Male employers would not consider a woman for a leadership position because of their preconceived notions of what a woman “should be.” Even today in 2017, women still face opposition from their male counterparts. Even when it comes to their pay, women still suffer a pay gap simply because of their sex.
Discrimination in any way towards women is against the law, and if you can prove that your employer or fellow employees are subjecting you to discrimination or harassment, you may have the grounds to file a lawsuit against your employer.
We at the California Labor Law Employment Attorneys Group are here to ensure that justice is served. We help women and men who are discriminated against because of their sex. We help answer questions regarding any next steps, their rights, and legal action they can take against their employer. If you believe that you have experienced sex or gender discrimination in the workplace, here are a few things you need to know.
What Laws Protect Gender Equality in the Workplace?
- Civil Rights Act of 1964 – This law prohibits discrimination in the workplace and other public spaces based on race, color, religion, national origin, and sex/gender. An employer is not allowed to treat you differently or unfavorably simply because of your sex. The anti-discrimination laws that exist apply to even the application process; an employer cannot discriminate against applicants simply because they are a woman – if the applicant has the qualifications and can perform the essential job functions (the tasks required for that job and which call for that occupation to exist in the first place), then the employer must equally weigh their application along with everyone else’s.
- Equal Pay Act of 1963 – Despite the age of the law, the gender pay gap still exists and thus workplace gender inequality still plagues the office. The law requires that employers pay their employees the same for equal work, regardless of whether the employee is male is female. For example, if two employees (a man and a woman) do the same work and have the exact same responsibilities, an employer cannot pay the man more. Doing so is sex discrimination and may give the woman employee the right to sue the employer.
- Pregnancy Discrimination Act – Employers cannot discriminate against women who are (or intend to get) pregnant. Women who are pregnant or are becoming pregnant are often seen as burdens and so often do not get the same treatment when it comes to their employment. For example, a woman who is pregnant and up for a promotion may not get the promotion simply because she is pregnant; the employer may believe that because she will have the baby soon, that she will need time off and the position which needs to be filled will then find itself absent again. The employer cannot make that assumption and so must promote the pregnant woman if she is the most qualified for the job.
- Family and Medical Leave Act – When employees recently have a child, they need to take time off work to care for the child. It is unlawful for employers to discriminate against employees who have just had a child and wish to take time off. Adopting or fostering a child is encapsulated by this law as well, so if a new parent has adopted a child, they get to take time off to care and bond with that child.
Under the sex equality laws, men can be discriminated against, as well. If a woman employee gets preferential treatment just because she is a woman, the employer has violated the law. For example, if both a male and female worker are up for promotion, and the male worker has shown that he is more qualified, but the woman gets the promotion so that the employer looks “progressive,” that male worker has been discriminated against and can file a lawsuit.
How to File a Lawsuit Against Your Employer for Sex Discrimination
If you believe that you have been a victim of sex/gender discrimination, you have the right to file a lawsuit against the employer. But before you can go and take your employer to court, you must first file a charge with an employment government agency. There are two agencies available to everyone in the United States, including those who work in the state of California.
The Equal Employment Opportunity Commission (EEOC) is the federal employment agency which enforces federal laws made to protect equality in the workplace, like the Civil Rights Act, Family and Medical Leave Act, and other such acts. Under the EEOC, you have 180 days to file the charge from the day you last received gender discrimination in the workplace. That deadline can be extended if the state in which you work also has its own anti-discrimination laws.
The state of California, fortunately, does have its own set of laws which make it illegal for employers to discriminate based on sex. And so the deadline to file extends to 300 calendar days. The state agency is called the Department of Fair Employment & Housing (DFEH) and protects your rights under both state and federal laws. DFEH may also offer further protections that federal law may not offer. A competent employment lawyer should explain the slight minutiae between both state and federal laws and how the DFEH may offer more protections than the EEOC.
The EEOC and the DFEH are in a work-sharing agreement, and that means that when you file a charge with one agency an identical copy of your charge is sent to the other agency. This is meant to avoid any duplicate charges and to fully protect your rights under both federal and state laws.
Once you file your charge, the agency will launch an investigation against your employer. If they conclude that it was likely that your rights were violated, you can then request the “right-to-sue” letter which gives you the go-ahead to take your employer to court. It is recommended that you only request this letter once you have 90 days to take action against your employer.
The California Labor Law Employment Attorneys Group is here to ensure that justice is served and that you get what you are entitled. We are aggressive attorneys and will push for the maximum compensation possible. We offer free consultations, which gives you the opportunity to sit with one of our attorneys with no financial obligation, and the zero-fee guarantee, which is to say that if we don’t win your case you do not pay for our services. There is no financial risk on your part! We represent clients from all of California, including Los Angeles, LA County, San Bernardino County, Orange County, Riverside County, and San Diego County. Call us today to see how the California Labor Law Employment Attorneys Group can represent you.