Gender Discrimination
In California, it is unlawful for an employer to treat someone differently based on their gender, gender identity, or gender expression.
Discrimination can take many forms—ranging from unequal pay and promotion barriers to harassment and termination.
What Is Gender Discrimination?
Gender discrimination occurs when an employer treats an employee unfavorably because of:
- Sex or gender
- Gender identity or gender expression
- Pregnancy, childbirth, or related medical conditions
- Nonconformity with gender stereotypes
Employees are protected whether they identify as male, female, transgender, nonbinary, or gender nonconforming.
Case Results
Legal Protections
Both state and federal laws prohibit gender-based discrimination in the workplace:
Housing Act (FEHA):
These laws cover all aspects of employment, including hiring, firing, promotion, compensation, job assignments, and benefits.
Common Examples of Gender Discrimination
- Paying a woman less than a man for performing the same work
- Refusing to hire or promote someone based on their gender identity or presentation
- Penalizing an employee for taking pregnancy leave or returning from leave
- Enforcing dress codes or grooming policies that impose unequal burdens based on gender
- Tolerating harassment or offensive comments targeting someone’s gender or identity
Discrimination does not have to be overt or intentional—policies that disproportionately harm one gender may still be unlawful.
Filing a Complaint
Employees can file a gender discrimination claim with:
- The California Civil Rights Department (CRD) — within one year of the discriminatory act
- The Equal Employment Opportunity Commission (EEOC) — within 300 days
Filing with one agency often satisfies the requirement for both. If the agency does not resolve the case, a “right-to-sue” letter may be issued, allowing the employee to proceed with a lawsuit.
Legal Remedies
If a claim is successful, an employee may be entitled to: