San Bernardino Gender/Sex Discrimination Lawyer
In just 2019, there were 23,532 cases of sex discrimination filed with the United States Equal Employment Opportunity Commission (EEOC). Thanks to Title VII of the Civil Rights Act of 1964, job applicants and employees are protected from sex discrimination at work. It is also against the law to discriminate against someone based on their gender identity or sexual orientation. With the help of a gender discrimination lawyer, individuals can seek a just resolution for their case.
What Is Gender and Sex Discrimination?
If you think you have been the victim of discrimination, a sex discrimination lawyer can help you build your case. According to the EEOC, sex discrimination is when a current or prospective employee is treated unfavorably because of their sex. This discrimination may occur because of their sexual orientation, gender identity or transgender status.
Discrimination is illegal for any part of the employment process. This means employers cannot discriminate during firing, training, hiring, job assignments or firing. It is also illegal to discriminate in handing out promotions, layoffs or raises.
Other than discrimination, workers in San Bernardino may also face harassment based on discrimination. Someone may be harassed because of their sex or gender. This type of harassment may involve requests for sexual favors, offensive comments about the person’s sex, physical harassment, unwelcome sexual advances or verbal harassment. While isolated comments may not be illegal, they can be considered illegal if they occur so frequently that it makes the work environment offensive or hostile.
Are You a Victim of Sex and Gender Discrimination?
Gender and sex discrimination come in a variety of different forms. In essence, this kind of discrimination involves being treated differently based on your gender or sex. Sometimes, this treatment happens without the individual realizing they are doing it.
People may be harassed with sexual comments or advances. They may be paid less than someone of a different gender or skipped for promotions. Someone may also be discriminated against if they are given worse evaluations because of their gender.
You may be a victim of gender or sex discrimination if you have dealt with experiences like the following examples.
- The employer decided not to hire you or gave you a low-paid position because of your sex. For example, an employer may give women positions like cashiers and secretaries, but they may reserve management positions for men.
- Your co-workers, third-party vendors or bosses routinely make offensive comments and derogatory jokes about you based on your sex.
- An employer gave you a negative evaluation because you are too aggressive, but men who had the same traits were told they exhibited confidence or leadership skills. You may also be a victim of discrimination if you received poor reviews because you did not wear a hairstyle or clothes to match a gender stereotype.
- You were written up or disciplined for doing something that someone of the opposite sex never gets disciplined for.
- You are subjected to sexual advances, physical harassment or requests for sexual favors.
- Your employer did not give you a training opportunity, promotion or pay raise because of your gender. Meanwhile, people of the opposite gender are given these opportunities even though they have the same level of experience.
- You were forced to go on leave or rejected for a job because you are pregnant.
- You are constantly referred to as a gender you do not identify with.
According to the California Family Rights Act (CFRA), employers who have 50 or more employees must hold an employee’s job when they take a leave absence for the birth of a child or the arrival of an adopted child. The same requirement also applies if the employee needs time off because a child, spouse or parent has a serious health condition. If there are 50 or more employees at the business, the employer must give sexual harassment training to every manager.
A gender discrimination lawyer can help you get compensation because of discrimination or harassment. You may be entitled to lost earnings, promotions, future lost earnings, training or job reinstatement. Depending on your case, your sex discrimination attorney may be able to win punitive damages, restitution for emotional distress, attorney costs or expert witness fees.
Who Can Sue for Gender and Sex Discrimination?
If you have been the victim of sex or gender discrimination, you may be able to file a lawsuit. Sex discrimination may exist if you have received unequal pay based on your sex. If you are given different job responsibilities or training programs than your peers, you may need the help of a sex discrimination lawyer. You may also be a victim of discrimination if your workplace has a gender-specific dress code or different advancement opportunities.
Ways to Prevent Discrimination in the Workplace
It is always better for employers to prevent discrimination before it happens. By adopting a few changes in the workplace, employers can avoid having problems with discrimination. To start with, employers should follow the golden rule of treating others as they want to be treated. When an employee files a complaint, employers should ask the employee what they would like to have happen.
Workplaces need to create anti-discrimination policies and train their employees on how to follow them. After these policies are created, a sex discrimination lawyer should review and update them on a consistent basis. Then, employees need to be trained on how to report discrimination and what to do about it. Managers should receive a separate training seminar on responding to discrimination complaints.
Companies should work to eliminate harassment in the workplace and create proportional consequences for the harasser. Employers and employees should always document discrimination complaints and the response to each complaint. Later on, documentation can prove the employee’s case if they need to hire a sex discrimination attorney.
Why You Need a Gender and Sex Discrimination Attorney to Help Your Case
Unless you are an experienced gender discrimination lawyer, filing your case can be challenging. With a lawyer, you can get help interviewing witnesses, compiling evidence and filing your legal documents on time. The lawyers at Rizio Lipinsky can help clients in San Bernardino and throughout California. If you have been the victim of discrimination, we can help you figure out the next step of your case and seek justice. Contact us today to request a free consultation and discover how we can help you.