In California, state law makes it illegal for employers to discriminate against workers in employment matters on account of their sex or gender. If you believe that you’ve been a victim of workplace discrimination due to your sex and gender, you need to speak to a Costa Mesa employment lawyer immediately.
Omega Law Group Accident & Injury Attorneys can help you file a lawsuit against your employer to recover damages for your losses.
We have an established track record of holding employers accountable for their wrongdoing, and our lawyers have decades of experience between us.
Contact our offices today to speak to a sex discrimination lawyer in Costa Mesa.
How an Employment Lawyer Can Help
Employment law is a complex field, and many people have misconceptions about how employment relationships are regulated. Many employees don’t know or understand their rights in the workplace, which leads to employers taking advantage of them.
Furthermore, workers might be hesitant to speak out and defend themselves out of fear of retaliation. An employment lawyer from Omega Law Group can level the playing field and defend your rights during employment disputes.
We can investigate for signs of wrongdoing and take legal action against employers for illegal discrimination and other violations. Employees deserve legal protections in the workplace, and we can work to promote their interests and well-being.
The FEHA Protects Employees from Sex Discrimination
All employees in California are protected by the Fair Employment and Housing Act (FEHA). FEHA makes it illegal for employers to discriminate against employees and job applicants on account of their sex, among other protected characteristics.
This prohibition on discrimination extends to all areas of employment, including:
- Job advertisements
- Hiring and firing
- Promotions
- Granting work privileges
- Compensation and working conditions
- Employment benefits and accommodations
- Training or education
- Making a hostile work environment
Under FEHA, the term “sex” is interpreted as referring to both physical sex (biological features of men and women) and gender (appearance, presentation, and behavior, independent of sex). As such, discrimination based on gender stereotypes also counts as sex discrimination under the law.
Behaviors That Could Count as Sex Discrimination
Any behavior that involves unfair or adverse treatment in the workplace on account of one’s sex or gender counts as discrimination. Discrimination need not always be active and conscious, and many cases of discrimination are due to unconscious biases and entrenched attitudes from culture or one’s upbringing.
Below are examples of behaviors that could constitute sex discrimination in California:
- Paying a woman less than a man for the same work and the same position
- Passing over a woman for a promotion because of beliefs about childbirth and taking off work
- Asking a person questions about pregnancy or marital status on job applications
- Making comments about how members of a certain sex are unfit for certain types of work
- Harrassing a male employee for wearing makeup in the workplace
- Asking unwanted or invasive questions about an employee’s gender presentation or identity
- Intentionally and persistently misgendering someone after being asked to stop
- Making sexual or suggestive comments about an employee’s clothing or body
What Compensation Can I Recover from a Sex Discrimination Lawsuit?
By filing a lawsuit against your employer, a sex discrimination lawyer in Costa Mesa can recover the following types of compensation:
- Back pay and lost benefits if you were terminated from your position
- Front pay and lost future income from missed promotions
- Damages for emotional distress caused by the adverse job action
- Attorneys’ fees and other court costs
- Punitive damages to punish the employer for egregious or repeated violations
If you’ve been a victim of sex discrimination, it’s imperative that you keep a detailed record of expenses you’ve incurred. The more detailed your records, the greater chance you have of successfully recovering the full magnitude of your losses.
Proving Sex Discrimination in a Costa Mesa Employment Lawsuit
Despite what some may think, you don’t necessarily need to prove your employer acted with specific malicious intent to prove sex discrimination. You do need to show that your sex was a substantial motivating factor in the adverse job decision. Typically, you need to show three things to prove your employer discriminated against you for your sex or gender:
- You are a member of that sex or gender (or your employer believed you were).
- You suffered an adverse job action.
- Similarly situated employees not belonging to a protected class were treated better.
You don’t have to actually be of the specific sex or gender under consideration to be a victim of discrimination. For instance, your employer can be guilty of discrimination if they refuse to give you a promotion because they believe you’re transgender, even if you’re not.
In either case, proving sex discrimination requires keeping a detailed track of all interactions involving discrimination.
Contact a Costa Mesa Sex Discrimination Lawyer From Omega Law Group Today
The sad reality is that many employers discriminate against their employees simply because they believe they won’t be held accountable. Omega Law Group is here to prove them wrong.
We can stand up for employees who have been treated unfairly by their employers and help victims of sex discrimination pursue justice for their losses. Contact our offices online or call today to speak to a sex discrimination lawyer in Costa Mesa.