The U.S. has a history of racism and sexism. That history, however, is far from dead. Indeed, it is still very much alive and festers in the minds and behaviors of people everywhere, including employers. For centuries women held the lowest positions available because it was not illegal to discriminate against women, and men refused to allow women to advance in their careers.
Discrimination against women was not the only hurdle women had to face, in addition to this backwards behavior, women were the subjects of men’s sexual behavior in the workplace. And oftentimes the harassment went unreported. If it was reported, there would be no action taken or they would fire the victim of the harassment. Activists forced politicians to create legislation that made sexual discrimination unlawful. Despite the law, people across the country still face sexual discrimination every single day.
The California Labor Law Employment Attorneys Group has experienced attorneys who fight for the rights of employees everywhere in the State of California, including San Diego. Our San Diego lawyers experienced in workplace discrimination against female employees will protect you from the unjust behavior and sexist actions of your employer. Our workplace discrimination lawyers for female employees who are discriminated against in San Diego will help you take the proper legal action and file the right workplace employment sexual discrimination lawsuit.
Employment Discrimination in San Diego, California
It is not legal for employers to make any decision regarding an employee (or employees) based on that person’s sex. It is also unlawful for employers to pay employees of the opposite sex different wages for equal work. Yet, in 2018, the behavior continues. Employees who believe they are being discriminated against due to their sex can file a lawsuit against their employer and receive compensation for the damages.
Under the California Fair Pay Act, California Equal Pay Act, and California Fair Employment and Housing Act (FEHA), discriminating against a person’s sex, gender, gender identity/gender expression is illegal.
For example, a woman goes in for an interview and is the most qualified candidate. The employer, however, had someone with a different look. A look of a man. The employer then decides to proceed with his own idea and decides not to hire the qualified woman simply because of her sex. The only reason she was not hired is because she is a woman. This is discrimination and the woman has the right to file a lawsuit against the employer.
Or, let’s say that a woman and a man both work the same position and there’s an opening for a promotion. You know for a fact that you are a harder worker than he is and that you’re more efficient at what you do. There’s no reason you wouldn’t get the promotion. Then, the next day, you find that your male coworker has gotten the promotion. The employer’s decision was based off sex and illegal.
How to Prove That You Were Discriminated Against Because of Your Sex/Gender
If you believe that you were sexually discriminated against because of your sex, the hardest thing to do will be to prove that you were discriminated against. It’s going to be your word against the employer. Without a solid case, the jury will likely side with the employer due to the lack of evidence. In order to prove that you were discriminated against because of your sex, you need to build a strong case with the necessary evidence to strongly support your claim of sexual discrimination. In order to build that case, you need experienced female employee discrimination attorneys in San Diego. That law firm is the California Labor Law Employment Attorneys Group.
So how do we go about proving that you were sexually discriminated against?
It is all going to depend on the facts and circumstances of your situation. Regretfully, even if you did experience sex discrimination, it will not be possible to prove without any evidence. They are based on the decision maker’s intent: if the decision the employer made was based partly or entirely on the sex of a person (being a woman, for example), then the action is discriminatory.
Of course, technology to read a person’s intent is not yet available on the free market. It is for this reason that discrimination lawsuits require hard facts and evidence. It is not very likely that the employer, who is very aware of the sex discrimination laws, will openly admit they are sexist and discriminated against you because of your womanhood. It is up to you, and your experienced gender discrimination attorneys in San Diego, to accumulate enough circumstantial evidence to convince a jury – to make it seem that it was more likely than not that your employer’s actions were motivated by discrimination.
You first have to prove four things, the prima facie. You have to prove the following:
- You are in a protected class;
- You were qualified for the promotion;
- You did not get the promotion;
- That the person who was promoted who is not your protected class or continued to look elsewhere to fill the position.
The right attorneys will be able to gather the necessary to convince a jury.
Next, your employer will have an opportunity to defend themselves. The employer has to provide some evidence to demonstrate that you were never qualified for the position and will defend their decision to promote the man, rather than you.
Finally, you will have the opportunity to show why their defense is, for lack of a better legal term, pure bologna. Here, evidence showing a past history of sexist behavior, testaments from coworkers, and more will have more weight to counter the employer’s initial counter.
It’s a complicated process that requires the absolute best sex discrimination attorneys in San Diego.
The California Labor Law Employment Attorneys Group
Our attorneys are experienced in every facet of discrimination. We cannot stand when employers break the law and perpetuate a toxic behavior that is unjust and keeps hard-working from professional growth. We offer many promotions to all our clients that you should take advantage of to make the legal process a tiny bit better. We offer free legal consultation, free second opinion, and the zero-fee guarantee. All of them are here for our clients to use.
Free Legal Consultation
Many lawyers will bill you for any second you take of their time. They want their money and they want it now. Our law firm offers free legal consultation. That means that you have the opportunity to sit down with one of our lawyers and talk about the details of your case. They will listen to you and answer any questions you may have regarding your case. We feel that it is important for our clients to be as informed as possible before they make a decision on whether or not they’re going to file a lawsuit.
We also offer a free second opinion. When you go to a doctor and they diagnose you, it’s sometimes suggested you get a second opinion to confirm or contradict the first doctor’s diagnosis. Likewise, when your attorney gives you an opinion on the total settlement of your case, we suggest that you get a second opinion. Most lawyers will accept the first offer to fill their wallets and kick the client out of their office. Our lawyers want to get you the maximum policy and will fight for as long as it takes.
The zero-fee guarantee is our promise to you that we are here to help people who suffer unjust actions by employers. For this reason, we offer the zero-fee guarantee. It’s our promise to you that you will not pay us a penny until your case is fully settled. That means, that if we fail to prove your case, you will not pay us for our legal services. We do not believe that it is just to charge clients who are seeking restitution and experienced a traumatic event. Our fees are based on a case-by-case basis, and so when you come in for your free legal consultation or free second opinion, our lawyers will explain and detail the potential fees.
Contact the California Labor Law Employment Attorneys Group today. Our attorneys will not rest until they’ve won your case and gotten you the settlement you deserve. There’s no obligation so if you feel like our services are not what you were looking for, we’ll give you a firm handshake and send you on your merry way.