Proving Gender Discrimination at Work in California
If you feel that your employer has treated you unfairly as a result of your gender, you may want to prove that workplace gender discrimination has taken place. As an employee, you have a right to a fair and just workplace environment.
To prove gender discrimination at work, an employee must make a “prima facie” case that proves discrimination and unfair treatment occurred as a result of their gender.
What is Gender Discrimination?
Gender discrimination in the workplace is the unfair or unequal treatment of an employee as a result of her gender or sex. Discrimination on the basis of gender can take the form of unequal pay for the same work, unfair expectations, sexual harassment, being denied a promotion despite being qualified, and so on. An employee may be experiencing gender discrimination if she is treated unfairly because of her gender or sex.
Related: How to File a Sexual Harassment Complaint in California
What to Know About Proving Gender Discrimination
The California Fair Employment and Housing Act, or FEMA, protects employees against discrimination by gender or sex, including related issues such as pregnancy and breastfeeding. Gender and sex are considered protected classes under FEMA, making it illegal for employers to discriminate against employees on the basis of gender or sex. FEMA applies to employers in California with 5 or more employees.
If an employee wishes to take legal action against their employer for gender discrimination, the employee may work with the California Department of Fair Employment and Housing, or DFEH, to pursue legal remedies.
Elements of Proving Gender Discrimination
In order to prove gender discrimination has taken place at work, the employee must put together a preliminary “prima facie” case that shows the discrimination. The prima facie case must demonstrate all of the following elements in order to prove gender discrimination in the workplace:
- The employee is in a protected class: gender and sex. In the case of gender discrimination, the employee is most likely female.
- The employee is qualified for the position. The employee has the necessary qualifications and credentials for the position, such as licensing, certification, or work experience.
- The employer treated the employee unfairly. This treatment includes promotions, compensation, and other conditions of employment.
- The employee was replaced by someone not in a protected class. In the case of gender discrimination, a female employee may have been wrongfully terminated and replaced with a male employee.
The prima facie case must meet all of the above requirements in order to prove gender discrimination in the workplace. With all the elements present, it shows that a qualified employee in a protected class was treated unfairly in favor of another employee not in a protected class. Altogether, the elements may prove that an employee has been treated unfairly in the workplace due to her gender.
The employee should gather as much information and documentation as possible in order to create a strong prima facie case. The evidence should clearly document the elements of the prima facie case, as well as additional evidence relevant to the gender discrimination.
Employer’s Response
After compiling a prima facie case against the employer, the employee may need to deal with the employer’s response. The employer will likely deny that workplace gender discrimination has occurred and provide a reason for the unfair treatment. The employee may be able to prove that the employer’s reasoning is weak or a cover for discrimination and further strengthen their proof of gender discrimination.
The employee may be able to rebut the employer’s response by uncovering the weak reasoning or cover for gender discrimination. In order to do so, the employee may do any of the following:
- Demonstrate that the employer’s reasoning is factually untrue. For example, if the employer claims that the employee was terminated for being late to work, the employee may be able to point out clock-in logs to prove their punctuality. In this case, the employer’s reasoning would be factually untrue.
- Demonstrate that the employer’s reasoning is insufficient to justify unfair treatment.
- Demonstrate that the employer’s reasoning was so inaccurate that it could not even reasonably justify unfair treatment.
- Demonstrate that the employee’s gender or sex was more of a motivation for unfair treatment than the employer’s reasoning.
- Bring up strong evidence of discrimination that overpowers the employer’s reasoning.
Next Steps
The employee may wish to work within the company to raise the issue of gender discrimination to Human Resources, which is dictated by company policy.
If the employee wishes to pursue legal action against the employer for workplace gender discrimination, they have two options to do so. The employee may work with the California Department of Fair Employment and Housing, or DFEH, to file a complaint and undergo an investigation. Or, the employee may wish to conduct their own private legal proceedings without involving the DFEH.
FAQs About Proving Workplace Gender Discrimination
Am I protected from gender discrimination in the workplace?
Yes. California and federal law prohibit discrimination by an employer against an employee on the basis of gender and sex. Gender and sex are classes legally protected from discrimination. Employers may not treat their employees unfairly as a result of their gender or sex.
How can I prove workplace gender discrimination?
To prove workplace gender discrimination, the incidents of discrimination or unfair treatment must meet certain elements of a prima facie case. This includes demonstrating that a qualified employee in a protected class was treated unfairly on the basis of gender or sex in favor of another employee not in a protected class.
Who is prohibited from discriminating on the basis of gender and sex?
California law states that employers with more than 5 employees are prohibited from discriminating on the basis of gender or sex. Employees of companies with 5 or more employees that may have faced gender discrimination may be able to prove workplace gender discrimination and receive monetary damages.
Contact Us
If you or a loved one has experienced workplace gender discrimination, contact us. We’ll get you in touch with the right attorney to prove workplace gender discrimination in your local area. Get your free consultation with one of our Employment Discrimination Attorneys in California today!