Sex Discrimination Attorney in Orange, California

As a society, we’ve come a long way as far as achieving goals of equality among people. However, this doesn’t mean that biases, discrimination, and sexism don’t still play a large part in our culture. Specifically, there are many people who still experience sex and gender discrimination in the workplace which can result in profound negative effects in their lives. If this is happening to you, there are steps you can take to address it and many individuals find it helpful to work with an employment law attorney. 

If you’d like to consult with an experienced lawyer and are in the Orange, California area, reach out to us at The Guha Law Firm. We are here to listen to your story, discuss your options, and strategize a path forward. We are proud to serve individuals throughout California, including San Bernardino, Los Angeles, and Riverside counties. 

Sex Discrimination

On a broad level, sex discrimination occurs when an employee or job applicant is treated unfairly or harassed due to their sex, pregnancy, sexual orientation, or gender identity. Under Title VII of the Civil Rights Act of 1964, you are protected from such discrimination and can take action against your employer under this law. However, these cases can be tricky to address because what constitutes “unfair” treatment can be subjective, and you may be inclined to brush off or dismiss comments or actions that you don’t feel qualify as discrimination. While it’s true that not every disparaging comment has to be considered “discrimination,” there are definitely times when you should speak up to address unlawful and harmful behaviors on the part of your employer.  

This federal law applies to all U.S. employers who have 15 or more employees and covers discriminatory actions relating to: 

1. Hiring    

2. Firing  

3. Promoting  

4. Demoting 

5. Transferring or assigning an employee to a different position 

6. Training 

7. Layoffs

8. Testing 

9. Compensation 

10. Fringe benefits 

Under the law, you typically have 180 days to make a report to the U.S. Equal Employment Opportunity Commission (EEO) about the discrimination, but if you’re a federal employee, this timeline is shortened to just 45 days. This relatively short statute of limitation means that you must act fast and a skilled attorney can help you with this.

Sexual Orientation and Gender Identity 

Under the umbrella term of “sex discrimination,” there are subcategories of protected groups. For example, Title VII prohibits discrimination based on gender identity and sexual orientation. Additionally, as of 2017, the California Department of Fair Employment and Housing (DFEH) has imposed new regulations that add further protection for transgender individuals. When tackling issues like this, it’s important to understand what these terms mean.

1. Sexual orientation: This relates to the genders or sexes a person is sexually attracted to. 

2. Gender identity: The gender the individual identifies as, regardless of their outward appearance. 

3. Gender expression: The outward appearance and behaviors related to the gender a person identifies with. 

4. Transgender: When a person’s gender they were assigned at birth is different from the gender they identify with. This is independent of any gender expression they may choose to present. 

Harassment Based on Sex 

This law also addressed harassment based on sex, gender identity, and sexual orientation. This doesn’t necessarily have to be sexual harassment (ex. unwanted sexual advancements, comments, or requests for sexual favors), and can also include any type of offensive remarks made about someone’s sex as well as their gender identity, pregnancy, or sexual orientation. For example, it would be unlawful to make offensive comments about same-sex relationships in general, even if the comments aren’t directed at one specific person.  
 
For comments and actions to qualify as “harassment,” you’ll need to show that these comments and actions occur frequently and have contributed to creating a hostile or unsafe work environment. The law does not cover an isolated comment here and there, even if it’s related to a person’s sex. Harassers also do not have to be in a position of authority over the victim and can also include coworkers, clients, and customers. 

Retaliation Prohibited  

We understand that not all employees will feel comfortable bringing legal action against their employer in situations like this. You may feel nervous, unsure, or even scared that you may face backlash for reporting. It’s only natural to feel hesitant about this—but know that retaliation for reporting sex and gender discrimination is illegal and you are protected from such acts. If you choose to report sex discrimination, your employer cannot: 
  

1. Reprimand you for your actions 

2. Verbally abuse you 

3. Terminate your employment 

4. Reduce your compensation 

5. Demote you

6. Transfer you to a less preferable position

7. Spread rumors about you