There are many protected factors that cannot be the basis for employment decisions in California and throughout the United States. Gender discrimination is similar to sex discrimination, and gender involves many different factors and aspects of an employee’s biology and choices. If you believe that you were unfairly treated because of your gender at work, you should immediately call a San Francisco gender discrimination attorney. The legal team at Minnis & Smallets, LLP, can advise you of your rights under the law.
“Gender” is so much more than a person’s biological sex. It can also involve:
There are many ways that an employee can be discriminated against, and any type of adverse employment action or unfair treatment can constitute discrimination. The following are some actions that might qualify as unlawful discrimination if they are based on gender-related factors:
Harassment is also a form of gender discrimination when it creates a hostile work environment for an employee. Additionally, if a workplace policy or rule impacts employees of a certain gender or gender expression in different ways than other employees, it can be discriminatory.
Finally, employers also may not retaliate against employees who make complaints about possible discrimination. If you complain to your supervisor or HR department, and you experience adverse employment action as a result, you likely have a retaliation claim.
It can be difficult to prove that gender discrimination occurred. It is rare for an employer to readily admit to discrimination or harassment, so the employee will need to provide evidence to support their claims of discrimination. Such evidence might include emails or other communications with employees, testimony of coworkers, evidence of unfair impacts of employer policies, and more.
Your employer will likely deny that adverse employment action occurred based on gender-related factors. Instead, they tend to give other justifications for the employment action, and it is your responsibility to challenge those false reasons. It is important to have the help of an experienced attorney in a case like this.
Everyone should have the opportunity to work free from harassment or discriminatory conduct, regardless of their gender, gender identity, gender expression, and similar factors. However, many employees still experienced discrimination and harassment in violation of their rights under federal and state laws. The legal team at Minnis & Smallets, LLP, know how to identify when gender discrimination has occurred, as well as the steps employees can take to protect their rights and recover for their losses. Contact us for a consultation to discuss whether you have a possible claim today.