GENDER OR SEX DISCRIMINATION UNDER CALIFORNIA LAW
Both Federal and State laws protect employees against sex or gender discrimination in employment. Sex discrimination deals with denying an employee certain benefits and rights or mistreating that employee because of that employee’s sex or gender. It can also involve treating someone less favorably because of their connection with an organization or group that is generally associated with people of a certain sex.
TYPES OF SEX DISCRIMINATION
There are two forms of sex discrimination: “disparate treatment” and “disparate impact”. “Disparate treatment” is simple discrimination – treating someone differently because of her sex or gender. “Disparate Impact” refers to an apparently neutral policy or practice that impacts individuals of a certain sex or gender more than others. An employer may defend by showing a reasonable business necessity for imposing the policy or practice, and the claimant can rebut by showing that the employer could have used a less discriminatory practice to achieve the same result.
EXAMPLES OF PROHIBITED CONDUCT
- Differential Pay: Under the Equal Pay Act, an employer may not discriminate in wages on the basis of sex. If male
and female employees perform jobs that require substantially equal skill, effort, and responsibility, and are performed in similar working conditions, their employer must pay them equally. - Stereotyping: It is illegal to make employment decisions based on stereotypes regarding gender. For instance, it is unlawful for an employer to deny promotion to a woman because she acted or dressed “too macho.”
- Gender Roles: It is illegal to make employment decisions based on gender roles. For example, it is illegal for an employer to hire men who have young children but refuse to hire women who have young children because of the employer’s belief that women with young children shouldn’t be working outside the home.
If your employer is discriminating against you because of your gender, please contact our gender discrimination attorney at Rawa Law Group to find out your options.
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