It is illegal for an employer to refuse to hire, discharge, or terminate an employee due to their sex or gender. It is also illegal for an employer to refuse to select, bar, or discharge an employee from a training program leading to employment or to discriminate against the person in compensation, terms, conditions, or privileges of employment.
If you believe you have been the victim of sex and gender discrimination, contact The Law Offices of Larry H. Parker at 800-333-0000 for a legal consultation.
The difference between sex and gender
Gender refers to the cultural connotations of each sex, whereas “sex” refers to the biological distinctions between males and females. As a result, discrimination based on sex or gender encompasses not only physical distinctions between the sexes, but also preconceptions and attitudes towards and regarding the sexes.
An employee must prove the following in order to file a claim for gender discrimination
Your employment law attorney will need to prove:
- You are of a particular gender (ex: female)
- You “subjected to an adverse employment decision,” (ex: discharged)
- You were “qualified for the position”
- You were “replaced by a person outside the [gender], or similarly situated [employees of the opposite gender] were treated more favorably”
- You were “replaced by a person outside the [gender], or similarly situated [employees of the opposite gender]
Note that proving that you were similarly qualified for the post held by the substitute is not required. All that is required is proof that you were qualified.
The Equal Pay Act of 1963
According to the Equal Pay Act of 1963, both sexes are entitled to equal pay for the same job. Favoritism given to a certain sex by a supervisor may also create a hostile work environment, which is forbidden under the FEHA.
Men can be the victim of sex discrimination
Despite the fact that the majority of gender discrimination is aimed towards women, companies are nonetheless barred from discriminating against male employees on the basis of gender. Suggesting that a male employee harassed a female employee because males are more inclined to do so is an example sex discrimination.
Parents can experience discrimination due to their gender
While parents are not protected from discrimination under the FEHA, mothers may be discriminated against because of their gender or pregnancy. Pregnancy is associated with the feminine gender, hence discrimination against it is usually considered sex or gender discrimination. For example, employers may sometimes think that because of family or child-rearing duties, women will be insufficient employees.
If you believe you have a case, contact The Law Offices of Larry H. Parker at 800-333-0000 now to request a free legal consultation.
