Gender Discrimination

In California, it is illegal for employers to discriminate against individuals based on their sex or gender. While federal protections against gender discrimination exist, California’s laws provide more nuanced and comprehensive coverage. Workers in California must be aware of their legal rights and protections.

If you believe you have been discriminated against due to your gender or biological sex, you may have the right to take legal action against your employer. Working with a mediator like Resolve Wannon can help guide you through the process, ensuring that the situation is approached neutrally and with the aim of resolving disputes.

Defining Gender Discrimination in the Workplace

California gender discrimination laws cover a wide range of gender-related traits. Here are some key terms under California Code 11030:

• Biological Sex: The label assigned at birth (female, male, intersex).
• Gender Identity: The gender one identifies with, regardless of biological sex (e.g., woman, man, transgender).
• Gender Expression: A person’s gender-related behavior or appearance, such as clothing or speech.
• Transgender: A person whose gender identity differs from their biological sex.
• Sex Stereotype: Assumptions about a person’s abilities or behavior based on their gender.
• Transitioning: The process of changing one’s gender identity or living as a different gender than was assigned at birth.

These protections cover all individuals, including men, women, and sexual minorities. If an employer discriminates based on sex or gender, it violates California law.

California Gender Discrimination Mediator: Legal Protections for Workers

To better understand whether unfair treatment qualifies as discrimination, employees should be aware of the following laws:

• Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination based on sex, race, color, religion, and national origin. It applies to employers with 15 or more employees and covers hiring, firing, compensation, training, and more.
• California’s Fair Employment and Housing Act (FEHA): This state law offers broader protections, specifically addressing gender identity and expression. It ensures that employees can:
  • Define their gender identity.
  • Receive protection during gender transitions.
  • Be addressed by their preferred gender pronouns.
  • Avoid having to provide documentation of their gender.
  • Work without being subjected to gender-based harassment or assault.
• Equal Pay Act of 1963: This law ensures that employees are paid equally for equal work, regardless of gender.

Proving Gender Discrimination in the Workplace

Gender discrimination can be overt or subtle. For example, if you are passed over for a promotion in favor of a less-qualified male colleague or face unequal pay, you may have grounds for a discrimination claim. Look for signs like:

• Being excluded from important meetings.
• A pattern of promotions favoring one gender.
• A hostile work environment targeting specific genders.
• Different job duties or changes in performance reviews based on gender.
• Retaliation after reporting discrimination.

What To Do if You Experience Gender Discrimination?

If you believe you’ve faced gender discrimination, take action with the help of a neutral mediator like Resolve Wannon:

• Filing a Complaint with the EEOC: This is the first step for cases under federal law. The EEOC investigates complaints and can authorize you to file a lawsuit if necessary.
• Filing a Complaint with the California Civil Rights Department (CRD): California offers stronger protections, and complaints can be made directly to the CRD. Mediation services may help resolve the issue without court intervention.
• Filing a Lawsuit: If mediation fails, you may file a lawsuit in the California Superior Court, depending on the findings of the CRD.

Resolve Wannon: Neutral Mediation for Gender Discrimination Disputes

Navigating gender discrimination laws can be complex. Resolve Wannon is here to help. As a neutral mediator, we facilitate fair discussions and seek resolutions that uphold the rights of all parties involved. Contact us today for assistance.