Gender Discrimination Attorneys Near Me

The State of California prohibits employers from harassing or discriminating against employees based on their sex, pregnancy, childbirth, or on medical conditions related to pregnancy, and they have important laws in place to help ensure such discrimination doesn’t happen. Further, employees can’t be retaliated against for protesting unlawful discrimination based on any of these classifications. 

Employee claims involving gender discrimination can be especially challenging, but working closely with a nearby gender discrimination attorney can make a significant difference in the outcome of a claim. 

What is Gender Discrimination?

Gender discrimination goes beyond the matter of the employee’s sex. The State of California’s employee protections extend to all the following classifications:

• The biological differences between male and female employees
• Employees’ gender-related appearance and behavior – regardless of the sex assigned at birth 
• Employees’ gender identity
• Employees’ gender expression

Gender Identity Discrimination Laws

The Fair Employment and Housing Act (FEHA) prevents employers from discriminating against employees based on their gender identity. This law specifically bans discrimination against all the following:

• People who are transgender 
• People who are transsexual
• People who are transvestites

This law also protects people with traits that are not stereotypically associated with their gender, including:

• Clothing 
• Hairstyle
• Personality
• Speech
• Mannerisms
• Demeanor

Secondary sex characteristics, such as facial hair, vocal pitch, or body size or shape, may also be included in these traits.   

Common Examples of Gender Discrimination

Examples of commonly employed but unlawful gender discrimination practices on the job include:

• Implementing employment standards or policies that require women to dress or groom themselves in a stereotypical or objectifying manner
• Refusing to allow employees to wear pants based on their sex
• Discriminating against female employees who do not act stereotypically female
• Discriminating against female employees in relation to their pay rate – for doing the same job as males
• Imposing more stringent standards regarding appearance for employees of one sex over the other
• Discriminating against a subgroup of a particular sex, such as female employees with children
• Treating married female employees differently than married male employees – in California, marital status is a protected class
• Discriminating against employees or job applicants based on their sexual preferences, their sexual orientation, or the outward expression of their sex

It’s important to note that while California employers can implement reasonable workplace grooming, dress, and appearance standards in their dress guidelines, they cannot require employees to dress in a manner that is not consistent with the individual’s gender identity or gender expression.

Consult with an Experienced Gender Discrimination Attorney Today

The trusted gender discrimination attorneys at Minnis & Smallets – proudly serving San Francisco – appreciate the serious and complex nature of gender discrimination claims and are well-positioned to help. Employees who’ve been discriminated against based on their sex or gender face difficult paths forward, and we encourage them to reach out for more information about how we can help by contacting us today.