Despite all the efforts made to try to get rid of gender bias in the workplace, women and LGBTQIAP+ people still struggle with gender discrimination at work. But what women and gender minorities should know is that various federal and state laws are in place to protect them from workplace discrimination. Some common scenarios of workplace gender discrimination include:
No one should ever tolerate and get used to gender discrimination and feel isolated at work because of their gender. If you feel that you’re being discriminated against at work, our reputed gender discrimination lawyers in San Francisco can help.
It’s unlawful for employers to discriminate against or favor people based on their sex. While the term sex is typically used to define an individual’s biological sex or gender or what they were assigned at birth, whether female or male, the term sex is now broader than it used to be. Sex, in the context of gender discrimination, could mean discrimination based on:
Employers cannot discriminate against pregnant employees because they’re pregnant. This would still apply regardless of whether a pregnant employee has been disabled because of the pregnancy. In certain instances, pregnant women can be safeguarded from discrimination because they’re both pregnant and have pregnancy-related disabilities. If this is the case, the law provides that they receive reasonable accommodations unless the accommodations would impose an undue hardship on employers.
Reasonable accommodations are especially crucial for female employees since employers may sometimes need to grant them extended family leaves. Also, reasonable accommodations might be necessary for modifying the pregnant woman’s work conditions and allow her to work comfortably. But to qualify for reasonable accommodations, employees must clearly demonstrate how disabled they are due to the pregnancy.
Once pregnant employees have given birth, employers should also give them lactation breaks while at work and during work hours. These breaks will enable nursing mothers the opportunity to express their breast milk so they won’t feel uncomfortable at work. Both federal and state laws require employers to accommodate lactation breaks. But again, this accommodation shouldn’t interfere with the employer’s operations.
It’s unlawful for employers to discriminate against employees based on their chosen gender expression and gender identity. These terms encompass a spectrum of gender-related behaviors and appearances, even if they’re not stereotypically related to the sex the person was assigned at birth. This means employers are prohibited from discriminating against LGBTQIAP+ people in the workplace.
The term sexual orientation refers to whether an individual is heterosexual, homosexual, or pansexual. It’s also unlawful for employers to discriminate against an employee’s perceived sexual orientation. For instance, if an employer terminates a male employee for being “acting gay,” this can be considered sexual orientation discrimination, and it does not matter whether the employee considers himself gay or not.
It’s also very crucial to note that when employers become aware of any kind of discrimination happening in the workplace, they have a legal duty to stop it and take reasonable measures to prevent it from happening again. However, employees will need to prove that they’ve been discriminated against first.
We understand that gender discrimination laws are complex and always changing. Gender discrimination could also be intimidating, stressful, and traumatic. Also, a lot of people are scared of pursuing resolution because it might damage their careers. But with help from our experienced San Francisco gender discrimination lawyers here at Minnis & Smallets, there’s a lot we can do to stop gender discrimination and avoid retaliation from your employer. Get in touch with us by phone or by using our contact form.
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