Helping You Fight Employment Discrimination

Sadly, 42% of women in the US have experienced employment discrimination. The extensive array of discriminatory personal experiences females encounter includes sexual harassment, wrongful termination, and unequal pay. California employees have, arguably, the greatest employment protections and rights in the country, yet many still encounter employment discrimination. California employees are encouraged to exercise the rights afforded to them by legislation such as the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. A person experiencing discrimination may be entitled to financial compensation for such flagrant and offensive breaches by employers. Her Lawyer provides a confidential and complimentary case evaluation for those facing unique discriminatory practices used by employers. We recognize the unfair experiences that women face so often in the workplace, and will prioritize your needs and preferences. If you feel more comfortable being represented by a woman lawyer, one of our female employment discrimination attorneys can help you recover financial compensation.

What is employment discrimination?

Employment discrimination is a broad term used to describe unfair treatment in the workplace on the basis of sex, race, or other personal attributes. Under the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and other legislation, employment discrimination is illegal.

The following personal attributes are federally protected from employment discrimination:

• Sex
• Gender identity
• Race
• National origin
• Religion
• Physical and mental disability
• Age
• Pregnancy Status

If an employer commits or practices discrimination on the basis of any personal attributes listed above, the employee may be entitled to financial compensation. Contact us to get in touch with an experienced employment discrimination lawyer. If you prefer female representation, we contact us to speak with one of our female employment discrimination attorneys.

What can be considered employment discrimination?

Forms of employment discrimination may include:

• Denial of a job application based on the applicant’s personal attributes
• Being fired/terminated directly or indirectly due to an employee’s personal attributes
• Unequal pay for the same job
• Verbal or physical acts of harassment that reference the employee’s personal attributes
• Sexual harassment

Employment discrimination is a broad term used to describe racial discrimination, religious discrimination, gender discrimination, and sex discrimination.

What is sex discrimination?

Sex discrimination is a term used to describe unfair treatment in the workplace, typically by an employer, on the basis of an individual’s sex. Employment discrimination on the basis of gender or sex is illegal.

What can be considered sex discrimination?

Forms of sex discrimination can include

• Firing/terminating an employee directly or indirectly based on his/her sex
• Denial of a job application based on the applicant’s sex
• Unequal pay for the same job directly or indirectly based on an employee’s sex
• Denial of benefits or promotion directly or indirectly based on the employee’s sex
• Sexual harassment

Sex discrimination also includes, but is not limited to, discrimination based on childbirth, pregnancy, sex stereotyping, and female medical conditions.

Employment Discrimination FAQs

Is it legal for women to be paid less than men for the same job?

Under the Equal Pay Act and Title VII, It is illegal for women to be paid less than men for the same job. Forms of pay discrimination include discrepancies in salary, paid leave, stock options, and other benefits.

If your employer is paying you less than your male-coworker, your employer may be sued for sex discrimination.

Can I sue my employer if I am being paid less because I am a woman?

Yes, you can sue your employer for wrongful termination if you were fired on the basis of your sex.

In order to successfully raise an equal pay claim against your employer, one must prove that you and a coworker of the opposite sex:

• Work for the same employer AND
• Do the same amount and type of work AND
• Are paid unequally

However, workers’ jobs do not need to be identical for them to be worthy of equal pay. If two jobs require the relatively same level of skills, education, and responsibility, yet perform separate duties, a court can rule that both employees must be paid equally.
An employment discrimination attorney can compile and evaluate all instances of income disparity and job equality to ensure your rights are not violated. Your attorney will fight to receive the maximum financial compensation for your financial or emotional distress. Her Lawyer will connect you with an employment discrimination lawyer that suits your specific needs and preferences. If you feel more comfortable being represented by a woman lawyer, contact us to get in touch with one of our female employment discrimination attorneys.

Can I be fired for being a woman?

No, you cannot be fired on the basis of your sex. Women possess certain biological differences than men, such as pregnancy and childbearing. Employers often discriminate against women for these differences.

Can I be fired for being pregnant?

No, an employer cannot fire you for being pregnant. Even if your pregnancy prevents you from working, your employer must accommodate your pregnancy status without encroaching your employment rights.

California labor laws ensure that eligible pregnant employees receive paid maternity leave. Employees must offer pregnant employees 12 weeks of paid maternity leave and up to an additional four months of unpaid leave.

Can I be denied a job for being a woman?

No, it is illegal to be denied a job on the basis of sex. An employer may not refuse to hire a woman under the following circumstances:

• Refusing to hire a woman based on preferable personal attributes in other applicants
• Refusing to hire a woman based on stereotypical assumptions regarding her sex rather than individual characteristics
• Refusing to hire a woman because clients, coworkers, or the employer prefer to interact with a member of a certain sex or gender

However, certain jobs are specifically intended for individuals with bona fide occupational qualifications (BFOQ). The following are qualified examples of BFOQs:

• A Persian restaurant only hires Persian chefs
• A male underwear company seeks a young, male model for advertising
• A private Jewish preschool requires that all teachers be Jewish
• A film production company seeks to hire a female actress to fill a movie role

Under certain circumstances, BFOQs allow discrimination on the basis of gender, sex, national origin, and age.

Can I be denied a job for being pregnant?

No, an employer cannot deny your application because you are pregnant. Under the Pregnancy Discrimination Act, employers are prohibited from considering pregnancy when hiring, firing, or promoting individuals.

As long as a woman can adequately perform the tasks assigned, her pregnancy status should not affect her ability to gain employment.

Can I be fired for speaking up about sexual harassment?

No, you cannot be legally fired for speaking up about sexual harassment. Employees that protect sexual harassment are protected under the law. Nonetheless, employers often illegally retaliate against employees that report sexual harassment.

Employers often threaten retaliation to employees that seek to report sexual harassment. Under the Equal Employment Opportunity Commission, you are legally protected when taking the following actions:

• Filing a sexual harassment charge
• Providing testimony in a civil or criminal proceeding
• Contacting HR with complaints
• Rejecting sexual advances
• Protecting others from sexual harassment

For more legal information on workplace sexual harassment, click here.

Can I sue my employer if I was fired for speaking up about sexual harassment?

If your employer fires you for reporting sexual harassment, you may file a wrongful termination lawsuit against them.

Employees often face retaliation by their employers for speaking up about sexual harassment. Employers may resort to the following forms of illegal retaliation to suppress or discourage speaking up about sexual harassment:

• Giving you a low-performance evaluation
• Transferring you to a less desirable work location
• Demotion
• Verbal or physical violence
• Threats of verbal or physical violence
• Termination
• Threats of termination
• Slandering your reputation
• Changing your work schedule with malicious intent

If your employer has retaliated against you for reporting sexual harassment, you may be entitled to financial compensation. We understand that every situation is unique, and Her Lawyer will prioritize your needs and preferences. If you prefer a woman lawyer, contact us to get in touch with one of our female employment discrimination attorneys.

Can I be fired for suing my employer for discrimination?

No, you cannot legally be fired for filing a discrimination lawsuit against your employer in good faith. An employee that faced retaliation for reporting discrimination may be able to sue his or her employer for wrongful termination.

Contact an employment discrimination lawyer to understand whether you have grounds to sue for wrongful termination.

Can I sue my employer if I was fired for speaking up about sex discrimination?

Yes, employers that were fired for reporting sex discrimination may sue their employers for wrongful termination. Employers often illegally retaliate against employees that speak up against sex discrimination.

Employers may resort to the following forms of illegal retaliation to suppress or discourage speaking up about sexual harassment:

• Giving you a low-performance evaluation
• Transferring you to a less desirable work location
• Demotion
• Verbal or physical violence
• Threats of verbal or physical violence
• Termination
• Threats of termination
• Slandering your reputation
• Changing your work schedule with malicious intent

Can an employer discriminate against me because of my marital status?

No, it is against California law for an employer to discriminate against employees or applicants based on marital status. The California Fair Housing and Employment Act prohibits discrimination on the basis of marital status.

Employment Discrimination – Attorney Principles

Protecting Your Employment Rights

Employees must exercise the rights extended to them by laws such as the Equal Pay Act and Title VII of the Civil Rights Act. These acts were devised to ensure your rights and protection against employers. Your employment discrimination lawyer will defend your legal rights and seek the maximum compensation for your distress.

Unbiased Representation

Every attorney in Her Lawyer’s network carries at least 5 years of legal experience and undergoes gender sensitivity training. Our employment discrimination attorneys approach cases with discretion, confidence, and expertise.

Personal Needs Require Personalized Service

Employment discrimination, especially sex discrimination and sexual harassment, can be very sensitive and emotional issues. When consulting attorneys, it’s important to hire someone that you trust and feel comfortable with. Although every attorney in Her Lawyer’s network handles cases with discretion and expertise, some may feel more comfortable being represented by an attorney that fits their unique circumstances. Her Lawyer will accommodate your individualized needs and preferences. If you prefer to be represented by a woman lawyer, contact Her Lawyer to get in touch with one of our female employment discrimination attorneys.