California has some of the most comprehensive employment laws in the country – especially when it comes to gender discrimination. A wide variety of behaviors and rights are protected. This allows California employees to express their gender identity freely, without fear of discrimination or retribution. This also ensures that an employee cannot be paid less or treated differently based upon their gender. Unfortunately, there are still employers who will try to get around these laws. If you have been the victim of gender discrimination in the workplace, it is important to report it and enforce your rights under California law. This is the only way to hold employers accountable for following California employment law. You should speak with gender discrimination attorneys in San Francisco today.
California has long been a leader in gender rights for the entire country. In this tradition, it has enacted specific protections for gender expression in the workplace. First, your employer cannot require you to dress or groom in a way that conflicts with your gender identity unless it can demonstrate “business necessity.” (An example of business necessity could be safety equipment that must be worn by all employees, regardless of gender.) Second, employers may not require you to use a restroom or locker room facility that corresponds to the sex you were assigned at birth. You must be allowed to use the facility that corresponds to your gender identity. Single-use facilities must be designated for use by all genders.
There are many specific prohibitions on gender discrimination in the workplace. One of the most important is sexual harassment. While you might not think of this as gender discrimination, the law considers it as such. This is because sexual harassment changes the terms and conditions of employment based upon the victim’s gender. This is prohibited gender discrimination under the Civil Rights Act of 1964.
State and federal law also prohibit employers from paying a worker less due to his or her gender. While there is still a well-documented pay gap in American society, it is illegal to pay employees differently for substantially similar work for no reason other than their gender. It is also illegal to discriminate against an employee who is pregnant. This, too, is discrimination based upon the fact that the pregnant employee is a woman. If the employee is demoted, forced to accept a pay decrease, or otherwise forced to accept unilateral changes in the terms and conditions of her employment as the result of pregnancy, this is unlawful gender discrimination.
The experienced employment lawyers at Minnis and Smallets know how to handle all types of gender discrimination cases. Contact us today to schedule a consultation. Don’t delay – the sooner you enforce your right to be free from gender discrimination in the workplace, the better protected your employment rights will be. This also sends a message to all California employers that they cannot discriminate against any employee on the basis of gender.