What You Need to Know About Gender Discrimination Laws in California
Individuals may face discrimination on the basis of their gender identity. Here’s everything you need to know about gender discrimination laws in California.
If you have been a victim of gender discrimination, make sure to file a complaint to your employer and follow protocol. The Fair Employment and Housing Act prohibits discrimination based on sex, gender, gender identity, gender expression, or sexual orientation in employment. Additionally, Title VII, as well as the Equal Pay Act of 1963, protects employees from sex-based wage discrimination.
Gender Discrimination Laws
Title VII Acts of 1964
Title VII protects employees from discrimination due to sexual orientation and gender identity. Additionally, it protects individuals from discrimination based on race, color, religion, sex, and national origin. The EEOC enforces Title VII.
The Fair Employment and Housing Act (FEHA)
This act prohibits restrictions on housing and employment based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, income, or ancestry. Employees, applicants, unpaid interns, volunteers, and contractors are protected by FEHA.
Equal Pay Act of 1963
The Equal Pay Act of 1963 is an anti-discrimination law passed to address wage differences based on gender. This act makes it illegal to pay equally qualified men and women different salaries for substantially equal work.
What Kind of Pay is Covered By The Equal Pay Act of 1963?
The equal pay act covers salary, overtime pay, bonuses, stock options, profit sharing, bonus plans, insurance, vacation pay, holiday pay, cleaning/gas allowances, hotel accommodations, reimbursements, and benefits.
Who/What is Protected by Gender Discrimination Laws
Every individual is protected from gender discrimination laws. However, more specifically, workers are protected based on sex, identity, and expression.
Gender Discrimination as a Civil Rights Violation
According to the Fair Employment and Housing Act, Title VII, and the Equal Pay Act of 1963, discrimination in any part of employment is a violation of an employee’s civil rights.
Violations include discrimination during:
- Hiring
- Firing
- Compensation
- Recruitment
- Promotions
- Layoffs
- Job Transfers
- Testing
- Benefits
- Training
- Retirement Plans
An example of workplace gender discrimination ranges from someone not being hired based on their gender to someone being harassed for filing a gender harassment claim.
Related: How to Prove Workplace Gender Discrimination in California
Is Your Employer Refusing to Acknowledge Your Gender Identity?
If your employer refuses to acknowledge your chosen gender identity/ pronouns or name, this may be considered workplace gender discrimination. Under Title VII of the Civil Rights Act of 1964, employees have the right to be called by their preferred pronouns. Additionally, Executive Order 13672 protects contractors and subcontractors from discrimination on the basis of transgender or sexual orientation discrimination.
FAQs About Gender Discrimination Laws in California
How Can We Prevent Gender Discrimination in the Workplace?
We can prevent gender discrimination in the workplace by educating individuals about gender bias, reviewing the recruiting process, offering flexible working options, sponsorships, and standing up to gender bias. There are many other ways to prevent gender discrimination, but it starts with accountability.
Related: Gender Discrimination vs. Gender Inequality: The Difference
What Are The Main Issues Of Gender Discrimination?
The main issues of gender discrimination are unequal pay, sexual harassment, racism, gaps in promotions, and fears of asking for higher pay. These are all contributing factors creating a divide between genders based on discrimination,
What Are The Impacts of Gender Inequality?
As a society, gender inequality affects poverty, lack of education, lack of health services, and lack of opportunities. There is a large amount of human potential lost to gender inequality.
Contact Her Lawyer
If you or a loved one has experienced gender discrimination, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our Employment Discrimination Attorneys in California today!