Irvine Gender Discrimination Attorneys
Our experienced Orange County employment law attorneys have decades of practice representing victims of gender discrimination in the workplace.
The City of Irvine, California has a population of 287,000 people. 80% of the residents living in Irvine are United States residents. There are more women than men in the City of Irvine. For every hundred women, there are around 98 men in Orange County. Unfortunately, these women are susceptible to suffer gender discrimination in the workplace. No employee should have to endure any type of discrimination from their employer. An employee who suffered discrimination from their employer has the right to compensation.
If you or a loved one have suffered gender discrimination or sex discrimination at the workplace, it is important that you get into contact with our Orange County employment law attorneys immediately.
Although gender discrimination almost always involves female employees, there are also situations where males are discriminated against for various different reasons by their employer. Regardless, no employee should have to endure any type of misconduct by their employer. Employers cannot take advantage of their employees.
In California, it is illegal for an employer to discriminate against an employee simply because of their gender or sexual orientation. It is also considered unlawful for an employer to guess on someone’s sexual orientation.
California’s Sexual Orientation Laws
Under the California’s Fair Employment and Housing Act, it is illegal for an employer to discriminate against an employee based on their sexual orientation, and to take any adverse action against them such as demoting or firing the employee. Despite the fact that there are several laws in place on a federal level end on a state level, gender discrimination is still very prevalent in the city of Irvine today.
Gender is considered a protected class, similar to race and pregnancy. An employer is prohibited from harassing (link: Irvine harassment) or discriminating an employee because of their perceived sex, their gender identity, their gender expression, or their sexual orientation.
California Equal Pay Act
California law requires that employers offer the same fair pay to both females and males in the workplace. Those employees that are doing substantially similar jobs and responsibilities need to be paid equally. No employer should have to pay one gender more than another even though they’re doing substantially similar tasks. An employer also cannot retaliate against an employee simply for speaking up about the California Equal Pay Act, and the employer’s violation of it.
An employer is also prohibited from punishing an employee simply because they are inquiring about another employee’s salary, and whether it violates the California Equal Pay Act.
When the work responsibilities are under the same conditions, and require the same skill and effort, an employee must pay all employees the same whether they are male or female.
Examples of gender and sex discrimination in California:
- Failing to hire an employee because of their gender
- Withdrawing a job offer because of the employees’ gender
- Firing the employee because of their gender (link: Irvine wrongful termination)
- Promoting an employee because of their gender
- Paying an employee less because of their gender
- Forcing females to wear a specific dress or outfit when it is not needed
Sexual Harassment in Irvine
Sexual harassment is also one of the most common types of gender discrimination in the workplace. If you have suffered sexual harassment in Irvine, it is very important that you contact one of our employment lawyers in immediately. Harassment includes unwanted touching and repeated sexual comments, including any gestures, social media postings, physical touch, and any other derogatory slurs.
California labor code expressly prohibits any type of sexual harassment based on an employee’s gender or sexual orientation. Since sexual orientation and gender identity is a specific protected class under both Federal and California law, there are several protections in place for employees.
If you are a member of the LGBTQ community, and have been discriminated against in Irvine, California, it is very important to contact our LGBTQ discrimination attorneys immediately. An employer cannot force an employee to dress in a specific way or act in a specific way that conforms with gender stereotypes.
Can an employer discriminate based on gender?
California has a certain exception that allows an employer to discriminate based on sex or gender. This is stated under the Bona Fide Occupational Qualification under the California Code of Regulations. If the employer ever makes decisions based on an employee’s sex or gender, the employer must prove that they had a good faith reason for doing so. Examples of good faith reasons include health and safety risks, along with any other privacy concerns.
An employer cannot:
- Treat employees differently because of their gender identity
- Retaliate against an employee for asking about equal pay among the genders
- Demote an employee because of their gender identity
- Enforce any practices that indirectly impact a specific gender at the workplace
An employer is prohibited from discriminating against an employee because of their gender during the:
- Hiring process
- Firing process
- Transferring an employee
- Training an employee
- Offering benefits to an employee
- Offering an employment contract to an employee
- Recruiting employee
- Interviewing an employee
- Promoting an employee
How do you prove gender discrimination in the workplace?
One of the most common gender discrimination instances in Irvine is unequal pay. Several Irvine employers pay males much higher than females. To be successful in a claim for unequal pay in court, an employee must be able to show how 2 employees are doing substantially similar work and one employee who is male is getting paid significantly higher. Once the employee establishes this case, it is up to the employer to then explain why there is such a disparity. If the main reason why the employer provided the male employee a much higher salary was because of gender discrimination (link: Irvine discrimination page), then you most likely will be able to receive compensation for your injuries.
Contact Our Orange County Gender Discrimination Attorneys Today For a Free No Risk Consultation
There are several Federal and California laws in place to protect gender discrimination in the workplace, however there is still a long way to go. Gender discrimination is still faced in the workplace almost every day. We understand that it could be a very traumatic experience to go through discrimination at the workplace. Whether you are male or female, no employee should be mistreated simply because of their gender.
Unfortunately, some Irvine employers treat their employees unfairly, and we are here to help the employees assert their rights. No gender is considered to be more superior than another, and our top rated Orange County employment attorneys have the skill and experience necessary to take on your gender discrimination claims.
Our litigation attorneys are ready to take this case to trial if we do not end up settling with the other party. This is not a battle that you should fight alone, you need our Irvine attorneys on your side. We offer a free no risk consultation where we will review the merits of your gender discrimination claim, and determine your rights and interests. During this time, we will answer all your questions and concerns that you may have. We will also determine the amount of damages you could potentially receive. Schedule your free no risk consultation with our Orange County employment lawyers, contact us today.
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