Employment Law
Los Angeles Gender Discrimination Lawyers
At King & Siegel LLP, our Los Angeles gender discrimination lawyers attorneys are zealous about protecting our clients from prejudice. Our firm has experience representing employees who have not received equal treatment because of their gender.
Hiring King & Siegel LLP gives you access to Los Angeles gender discrimination lawyers who:
- Recovered hundreds of millions of dollars for their clients,
- Graduated with honors from schools like Harvard and Stanford, and
- Have a combined 60 years of legal experience.
What’s more, our attorneys have spent many hours in California courtrooms and are never hesitant to take your case to trial.
Keep reading to learn more about what gender discrimination is, how it manifests in California workplaces, gender discrimination laws, and how the skilled attorneys at King & Seigel can help you fight against it and its demoralizing consequences.
End the Wage Gap. Stand Up for Economic Equality.
Throughout the 20th and 21st centuries, there have been slow but progressive changes to many laws, attempting to make the workplace fairer for all genders. Despite the incremental progress, employees of all genders continue to face gender or sex-based discrimination on a daily basis.
One of the most insidious problems of gender discrimination is that it can take place in so many forms. A woman might be prevented from taking a higher position as a supervisor in a company, she might be sidelined into a less serious role as her employers prefer a male colleague, or she might simply be paid less for equivalent work.
A man might be refused a role that is traditionally designated for women. A non-binary individual may face harassment or shaming for failing to adhere to traditional gender expectations.
If you have faced bias against your gender in any shape or form, you should not stay silent, you have a right to be treated equally.Knowing which employee discrimination laws to turn to gets you one step closer to equal treatment, so let’s look at a few of the California and federal regulations that protect employees.
Laws That Prohibit Gender Pay Discrimination in California
Lawmakers have worked hard for decades to help achieve pay equity and end gender-based wage disparities. California employers must comply with state and federal laws that prevent gender pay discrimination.
If your employer doesn’t comply with the following laws, and you’re looking for a gender discrimination attorney, Los Angeles advocates at King & Seigel can help.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act is a federal law that plays a vital role in preventing gender-based wage disparities. It prohibits employers from discriminating against employees on the basis of their sex. This includes compensation, benefits, promotions, and other terms and conditions of employment.
Equal Pay Act of 1963
The Equal Pay Act (EPA) is another federal law related to sex-based discrimination. It prohibits employers from paying one gender less than the opposite gender for substantially similar work. For example, a coffee shop cannot set a policy that pays male baristas more than female baristas with identical experience.
California Equal Pay Act
The California Equal Pay Act (CEPA) expands upon the federal EPA. It uses a broader definition of “substantially similar work” by looking at the employee’s skill, effort, and responsibility.
CEPA also requires equal pay for employees across different locations of the same business. It also ensures that prior salary history cannot be used as the sole justification for a gender pay disparity.
If you believe you are being discriminated against in the workplace because of your gender, King & Siegel LLP welcomes you to call our legal team today at (213) 465-4802 for a free review of your case.We can help you determine if your employer pays you fairly and ensure you receive equal pay for equal work.
The Only Cases Where an Employer Can Pay Different Wages for the Same Work
When you are seeking to determine whether or not you have been treated unfairly regarding pay, it is important to know that there are only a few, limited instances where employers can give a different salary or wages for different employees.
The only possible scenarios where employers are justified in offering different pay would be for differences that take place in:
- A system of seniority;
- A system of merit;
- A system where earnings are determined by the quality or the amounts of objects produced; or
- A bona fide, provable case where an employee’s training, experience, or education is the determining factor, not their sex, that is motivated by business necessity.
According to the California Equal Pay Act, an employer must prove that one of these factors was the only reason for the pay differential and was applied reasonably to the employee. If there is any other reason, including prior salary, it is illegal for an employer to pay employees of one sex or ethnicity different from another.
What is more, you do not even have to prove that you were intentionally injured by your employer. In contrast to other statutes against discrimination, such as the California Fair Employment and Housing Act, which require proven intent, you just need to show you received unequal pay.
In the state of California, you are also legally able to ask any employee what their pay is, to prove how you have received less. Now that you understand more about gender and pay discrepancies, let’s talk about discrimination due to gender identity and gender expression.
Discrimination Due to Gender Identity and Gender Expression
Title VII forbids employers from discriminating based on gender identity or expression. Moreover, California laws like the Fair Employment and Housing Act and Transgender Work Opportunity Act expand protections for gender identity and expression.
Under these laws, employers must:
- Use correct pronouns and names,
- Ensure access to gender-affirming facilities, and
- Provide dress codes that don’t discriminate based on gender.
Moreover, these laws extend protection against harassment or retaliation for advocating one’s gender identity or expression rights. But knowing when these laws apply is sometimes tricky. So, let’s review several situations that suggest you may be facing workplace gender discrimination.
Evidence That Suggests Gender Discrimination is an Issue in Your Workplace
Gender discrimination in the workplace is a pervasive problem in the United States. However, sometimes discrimination can be hard to detect and even harder to prove. Below, we discuss some of the evidence that can be used to show that gender discrimination exists in your workplace.
Pay Gaps
It is an unfortunate reality that across the nation, women tend to make less money than men. Sometimes, women get paid less for working the same job as their male counterparts. Other times, the pay gap is due to a lack of promotion and management opportunities for women in the workplace. If you are making less money than your male counterparts, this may be a sign that you are being discriminated against because of your gender. You also may have a claim under the California Equal Pay Act, even if the pay disparity is unintentional.
Different Benefits
Gender discrimination can impact the fringe benefits that women receive. In the United States, women are statistically less likely to receive important benefits such as health insurance, retirement plans, and paid time off. For example, a woman employee’s husband may not be covered under employer sponsored health insurance due to the discriminatory presumption that the husband will have his own health insurance. At the same time, a man’s wife may be covered under that same employer health insurance.
Different Commissions
In sales positions, women may face unequal treatment and opportunities for promotions, which can result in lower sales figures and ultimately lower commissions. An employer should address these inequalities so that all their employees have an equal opportunity to succeed based on their performance instead of their gender.
Lack of Women in Management Roles
While there is no per se requirement that a company promote women into management roles, gender disparities at the top of the org chart may indicate an overall pattern of discrimination throughout the organization. This can happen in multiple ways. Perhaps the company is hostile to mothers and “mommy tracks” women after taking maternity leave.
Perhaps the company provides more mentorship opportunities to men so women are less likely to obtain opportunities that lead to promotions. Or perhaps the company’s leaders have always been men and they simply choose people who remind them of themselves as the company’s future leaders. These are just some of the ways a company may discriminate in promotions.
Obtaining Compensation for Victims of Gender Discrimination
If you have been discriminated against in the workplace on account of your gender, either receiving different pay, losing out on key benefits and promotions, or even being fired, you are entitled to receive compensation.
Courts often use the following factors to calculate damages in gender discrimination cases:
- Severity of discrimination, harassment, or retaliation;
- Duration of the conduct;
- Harm;
- Your employer’s behavior; and
- Mitigating factors.
Calculating these damages can be difficult, so it is best to work with a gender discrimination attorney in Los Angeles for help.
who can walk you through the process and help you further understand the types of damages you can recover.
Types of Damages You Can Recover
Economic Damages
Economic damages reimburse the employee for the specific financial losses they have incurred as a result of the discrimination. These can include:
- Back pay—covers wages and benefits that the employee would have earned if not for the discriminatory actions;
- Front pay—compensates the employee for future wage losses if they cannot return to work; and
- Lost benefits—covers the value of bonuses, promotions, or retirement contributions that the employee lost.
Proving economic damages can be easier for your sex discrimination lawyers if you keep pay stubs, benefits paperwork, and other documents that support your claim.
Emotional Distress Damages
These damages compensate for the psychological and emotional harm that an employee endured. This can include compensation for anxiety, depression, humiliation, and other emotional struggles caused by the discriminatory actions.
Punitive Damages
Punitive damages are meant to punish the employer for their wrongful actions. The damages also deter employers from engaging in similar behavior in the future. These damages are typically awarded when the employer’s conduct is found to be particularly malicious, reckless, or intentional.
It’s important to note that when it comes to all types of damages and compensation, you must file your claim promptly to be eligible to collect any award.
Statute of Limitations to File a Lawsuit for Gender Discrimination in California
In California, you generally have three years from the date of the discriminatory conduct to file a gender discrimination suit against an employer. For equal pay claims, the statute of limitations is two years unless the conduct was “willful.” Working with a gender discrimination attorney can ensure you meet this deadline and file your claim correctly and promptly.
What Does a Gender Discrimination Attorney Do?
A gender discrimination attorney advocates for individuals who experience unfair treatment in the workplace based on gender. These attorneys understand federal, state, and local laws and apply them to provide legal representation to clients experiencing discrimination, harassment, or unequal treatment because of gender.
Generally, these professionals offer clients legal counsel; this involves explaining client rights under relevant laws and assessing the merits of their case, examining the evidence, such as discriminatory actions or policies, and determining the best course of action.
Attorneys can then assist in filing complaints with appropriate administrative agencies like the Equal Employment Opportunity Commission (EEOC) or state-level counterparts, ensuring the preparation and correct submission of all necessary documentation.
Once clients file a complaint, gender discrimination attorneys represent them throughout the investigation and subsequent legal proceedings. They negotiate with employers or opposing parties on their client’s behalf, seeking resolutions such as settlements or changes in discriminatory practices.
In cases where a resolution cannot be reached outside of court, attorneys provide vigorous litigation representation, presenting arguments, cross-examining witnesses, and advocating for their client’s rights in front of judges and juries.
FAQ: Gender Discrimination
Do I Need a Gender Discrimination Attorney to File a Claim or Lawsuit?
While it’s not mandatory to have a gender discrimination attorney to file a claim or lawsuit, having legal representation significantly increases your chances of success. Gender discrimination cases can be complex, and an experienced attorney can navigate the legal process, gather evidence, and advocate effectively to ensure your rights are protected and you receive the best possible outcome. Consulting with a gender discrimination attorney can provide valuable insight into your case and help you make informed decisions about the next steps.
Are Employers Allowed to Ask About Gender During Job Interviews?
Employers should avoid questions about an applicant’s gender during job interviews. The focus should be on an applicant’s qualifications and ability to perform the job.
If gender information is necessary for affirmative action plans or record-keeping, employers must obtain it in a way that ensures they do not use it in the hiring decision.
What Should an Employer Do If They Receive a Gender Discrimination Complaint?
Upon receiving a gender discrimination complaint, an employer should investigate the claim promptly, maintaining confidentiality as much as possible. They should take appropriate action based on the findings, including disciplinary measures against the perpetrator. Additionally, employers should protect the reporting employee from retaliation and that policies are in place to prevent future incidents.
What Defines a Hostile Work Environment in the Context of Gender Discrimination?
A hostile work environment exists when an employee experiences gender-based behavior that is severe or pervasive enough to create an intimidating, hostile, or offensive working environment. Hostile work environments can impact the employee’s job performance and psychological well-being.
1. Should I File a Gender Discrimination Complaint with EEOC?
It is your right to file a complaint against your employer. The EEOC invites employees to file a charge if they experience gender discrimination at work. The California Civil Rights Department also accepts similar complaints. It may be in your best interest to speak with our Los Angeles gender discrimination lawyers before you file the complaint. That way, you can ensure all the facts are included and presented in the best way.
2. Can I Sue My Employer for Sex Discrimination?
Yes. You can sue your employer for sex discrimination under state and federal law. California has strict gender discrimination laws that prohibit employers from treating those of one gender differently from those of another.
3. Is It Legal for My Boss to Fire Me After I Reported Discrimination?
Federal and state law prohibit employers from firing an employee for reporting discrimination. This is classified as retaliation. Keep in mind that an employer can fire you for work-related reasons separate from the alleged discrimination. However, many sex discrimination attorneys know that some employers use work-related reasons as an excuse to fire a worker who has reported discrimination.
Are There Any Consequences for Employers Who Retaliate Against Gender Discrimination Complaints?
Yes. Employers who retaliate against employees for complaining about, reporting, or assisting in gender discrimination investigations face legal penalties. The penalties can include fines, compensation to the affected employee, and other remedies a court or government agencies impose.
How Does Gender Discrimination Intersect with Other Forms of Workplace Discrimination?
Gender discrimination can overlap with other forms of discrimination, such as race, age, or disability discrimination, creating complex situations where multiple biases are at play. For instance, a woman of color may face both gender and racial discrimination, which is known as intersectional discrimination. Employers must address all forms of discrimination to ensure a fair and inclusive workplace.
Meet Our Gender Discrimination Team
Our Los Angeles gender discrimination lawyers are highly skilled and ready to explain your rights. We’re here to fight for a just workplace and the equal treatment you deserve.
Julian Burns King
Julian Burns King, an honors graduate from Harvard Law School, co-founded King & Siegel LLP in 2018 and leads the firm’s discrimination and harassment division. Drawing on her personal experiences with workplace discrimination, she has been recognized as a “Rising Star” by Super Lawyers annually since the firm’s inception, representing numerous workers in significant discrimination cases. Her legal expertise has secured countless high-value settlements and assisted clients in recovering over $750 million in various high-stakes litigation.
Brent Boos
Brent Boos, a Harvard Law alumnus, co-founded the Los Angeles Center for Community, Law, & Action and secured a $1.1 million verdict for tenants affected by unfair rental policies. Since 2020, he has worked with King & Siegel, advocating for employees’s rights in wage issues, discrimination, harassment, and wrongful termination.
Erum Siddiqui
Erum Siddiqui is a managing associate and has extensive experience in resolving labor and employment issues. Ms. Siddiqui has represented plaintiffs exclusively since she graduated from law school.
She graduated from the University of California College of the Law, San Francisco where she she served on the Constitutional Law Quarterly Board, Moot Court Board, and participated in the Jessup International Moot Court Competition.
How Our Gender Discrimination Lawyers in Los Angeles Can Support You Today
King & Siegel LLP is renowned for its ability to aggressively defend victims who have suffered injustice and discrimination. You can rely on us to be on your side the whole way, as we zealously uphold the principle that people of any gender should never be barred from working, paid unequally, or harassed in any manner.
Our experienced legal team also handles other types of discrimination cases, including:
- Age Discrimination,
- Disability Discrimination,
- Parental Status Discrimination,
- Pregnancy Discrimination,
- Race Discrimination,
- Religious Discrimination, and
- Sexual Orientation Discrimination.
Our attorneys have helped clients recover millions in disputes with employers. Contact us today to learn more about how we can help with your claim.