Ask most working women if they have ever experienced discrimination in the workplace based on their gender, and the answer will most likely be yes (and, yes, men can absolutely be the targets of gender discrimination as well). Gender discrimination can take many forms, but we often see it in situations where a woman is not hired for a position, not promoted within a company's ranks, not given the same opportunities as male counterparts, and/or not paid the same salary as a man for similar work. All of these common occurrences may form the basis of a successful employment discrimination lawsuit in California.
The decision to come forward with a gender discrimination claim is an intimidating one, but Vogel Law, APC in Pasadena is here to work with both women and men to determine their options under California and federal law, and pursue gender discrimination claims on their behalf to recover financial damages, provide them the opportunities they deserve, and hold individuals and companies accountable for violating employment discrimination law.
Gender Discrimination in Hiring, Firing, and Promotion
In general, California employers may not discriminate between men and women in personnel decisions, including in:
- the hiring process
- what tasks and responsibilities are assigned to an employee
- whether to promote an employee
- determining whether to demote, suspend, or terminate an employee
Because employers are aware of their obligations under California and federal law, they will rarely overtly indicate that an applicant or employee's gender is the reason for the adverse employment decision and may offer a different reason or no reason instead.
But, if you have reason to suspect that your gender did play a role in the adverse employment decision, our gender discrimination team can investigate the true nature of the employer's or supervisor's decision – both in the initial stage and through the course of litigation-related discovery – to collect compelling evidence to support your gender discrimination claim.
Unequal Pay For Equal Work in California
While federal law does not have strong protections to promote equal pay, California state law does guarantee a right for women and men to receive the same pay for equal work within the same company.
Under the California Fair Pay Act, women and men who do “substantially similar work” for an employer – which is defined as work “that is mostly similar in skill, effort, responsibility, and performed under similar working conditions” – should be paid the same amount of money, unless the difference in pay is due to a legitimate reason such as seniority, merit, productivity, or another bona fide factor not related to gender, race, or religion.
Thus, if you have reason to suspect you are being paid less than another worker doing substantially similar work as you, and that the reason may have to do with gender (or race or religion), our team can work with you to determine whether you have a claim for damages under California's Fair Pay Act.
Sexual Harassment and Hostile Work Environment
While sexual harassment is technically a separate legal claim from gender discrimination, it bears mentioning here as many women (as well as some men) are victims of sexual harassment in the workplace and/or hostile work environments. Sexual harassment is not to be tolerated in any industry or work environment, and supervisors who commit sexual harassment – as well as companies that fail to prevent and respond to sexual harassment – can be liable for damages under state and federal law.
Sexual harassment includes:
- unwanted sexual advances
- making or threatening reprisals if such advances are denied
- offering any kind of employment as a quid pro quo for sexual favors
- unwanted physical touching
- verbal and visual conduct of an overly sexual nature
Speak With an Attorney in a Confidential Consultation
When you reach out to our office, you will speak with an employment law professional in a completely confidential consultation. We will explain your options and you are under no obligation to proceed – you are in the driver's seat at all times regarding the course of action you would like to take. Furthermore, employers are prohibited from taking any retaliatory action against you for pursuing your rights, and any retaliation that does occur can form the basis of an additional claim for financial recovery on your part.
Contact a Pasadena Gender Discrimination Attorney Today
Vogel Law, APC represents California workers in helping them win justice and financial recovery through employment discrimination, wrongful termination, and other labor law matters. With three decades of experience in bringing hundreds of actions on behalf of California workers, Brian Vogel has the skills, tenacity, and deep knowledge of California and federal employment law to fight for justice on your behalf. Contact him today to schedule a consultation regarding your potential age discrimination claim.