How are California Employees Protected from Gender Discrimination?

Gender discrimination in the workplace affects many employees, leading to unequal treatment and a hostile work environment. Employees in California should understand the federal and state laws protecting them from such mistreatment. At Minnis & Smallets LLP, we are committed to helping employees navigate these complex issues and protect their rights. As experienced discrimination attorneys, we provide an overview of gender discrimination, the types of discriminatory actions that are prohibited and the specific protections available for gender identity and gender expression.

Understanding Gender Discrimination

Gender discrimination occurs when an employee is treated unfairly or unfavorably because of their sex, gender, gender identity or gender expression. This can include a wide range of actions, from hiring and firing practices to promotions, pay disparities, and workplace policies. California employees are fortunate to have robust protections under both state and federal laws designed to prevent such unequal treatment.

Types of Gender-Based Discriminatory Actions

California law, particularly the Fair Employment and Housing Act (FEHA), provides extensive protections against gender discrimination. Some of the specific discriminatory actions that are prohibited include:

1. Employment Standards and Policies: Employers cannot implement standards or policies that require sexually provocative dress or grooming that tends to stereotype women. Policies that refuse to permit employees to wear pants based on their sex are also prohibited.
2. Pay Discrimination: It is unlawful to discriminate against employees based on sex when it comes to rates of pay for the same job. This includes ensuring that men and women are paid equally for performing the same duties.
3. Treatment Based on Gender Stereotypes: Employers cannot discriminate against employees for not conforming to traditional gender roles or stereotypes. For example, a female employee cannot be discriminated against for not “acting like a woman.”
4. Discrimination Against Subgroups of Women: Discrimination against particular subgroups, such as women with children or married women, is unlawful. This includes treating married women differently than married men.
5. Sexual Orientation and Preferences: Discrimination based on an employee’s sexual preference or orientation is prohibited.

Protecting Gender Identity and Gender Expression

California law goes a step further in protecting employees’ gender identity and gender expression. This means that employers must allow employees to appear or dress in a manner consistent with their gender identity and expression. Specific protections include:

1. Gender Identity and Expression: “Gender expression” refers to a person’s gender-related appearance and behavior, whether or not it is traditionally associated with the person’s assigned sex at birth. Thus, individuals who identify as transgender or are gender non-conforming are entitled to the same protections against gender discrimination.
2. Workplace Appearance and Grooming Standards: While employers may impose reasonable workplace appearance, grooming or dress standards, they must permit employees to dress in a manner consistent with their gender identity or expression within those guidelines.

Get Legal Help

Gender discrimination in the workplace is not only unlawful but also detrimental to the well-being of employees. If an individual believes they have experienced gender discrimination at work, it is essential to seek the guidance of experienced employment attorneys.

At Minnis & Smallets LLP, we are dedicated to protecting the rights of employees and providing personal attention to each client’s unique situation. Contact us today for a consultation.