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Sex / Gender Discrimination: Overview

Women and transgender individuals have proven themselves capable of amazing feats. When provided with the opportunity, women and transgender individuals excel just as well as men. In some cases, women outperform men. However, sex discrimination still occurs more often than it should. Women and transgender individuals are regularly denied the opportunity to climb the corporate ladder, achieve positions of authority, receive raises and exercise power in the workplace. In some cases, it is men who are discriminated against due to their sex or other factors like ethnicity, race, political views, religion and other group affiliations.

If you have been discriminated against due to your sex or for any other reason, you deserve justice. Furthermore, your former or current employer should be punished for discriminating based on gender, sexual orientation or other factors irrelevant to workplace performance.  It does not matter if the discrimination takes the form of the failure to promote a qualified worker ahead of an unqualified one, discriminatory standards, disproportional pay etc. Our attorneys are here to help right this wrong and return your life to normal as quickly as possible.  Put your faith in our legal team and you can rest easy while we do all of the work on your behalf. 

Defining Sex Discrimination

Sex discrimination is centered on unequal treatment according to an individual's sex. This treatment must be more than merely different in nature. It must also be unequal and consequently unfair. As an example, forcing men and women to use distinct bathrooms is not a form of sex discrimination. However, it is sex discrimination to give male or female workers different working conditions and criteria for bonuses, promotions, salaries, hiring and so on.

Sexual harassment is one of the most common forms of sex discrimination. Every woman, man and transgendered individual in the workplace has the right to obtain and perform a job free from unwanted requests for sexual or romantic relationships, behaviors that are sexual in nature, undesired communications and other unwelcome interactions that prevent one from completing work.

Sex Discrimination According to the Law

Title VII is commonly referenced in matters of sexual discrimination in the workplace. Title VII of the Civil Rights Act of 1964 gives all employees robust protections against discrimination according to sex in the workplace. Title VII states it is illegal for an employer to refuse or fail to hire or terminate a person or discriminate against a person in any other manner in respect to salary, terms or other matters of employment due to that individual's sex.

Title VII also states employers are also barred from separating, limiting or classifying applicants for work in a way that deprives a person of opportunity for employment or otherwise impact that person’s status as an employee due to his or her sex.

Title VII bars sex discrimination in programs on-the-job as well as apprenticeships. Employers are not allowed to retaliate against employees who point out discriminatory employment practices. Nor are employers permitted to tout sexually stereotyped ads for employment positions.

Workplace Harassment That Qualifies as Sexual Discrimination

Unlawful discrimination also takes the form of workplace harassment. Employers are required to grant women and men equal opportunities as well as equal pay. Furthermore, employers are required to remedy situations involving sexual harassment that are known or that the employer should be aware of. This includes the harassment of employees in the organization's lower tiers by an executive or manager as well as sexual harassment between co-workers on the same level within the organization. Harassment includes undesired sexual advances, physical or verbal conduct that is sexual in nature and demands or inquiries for sexual favors.

An employer is not permitted to make any type of sexual conduct a term or condition to obtain or continue employment. It is illegal for employment decisions to be based on this type of conduct. Furthermore, it is illegal to allow sexual conduct that interferes with the worker's performance at work to an unreasonable level. It is also against the law for employers to create hostile, intimidating or offensive workplaces. Undesired touching, lewd comments, offensive drawings or cartoons or the display of photos or objects that are sexual in nature can qualify as forms of sexual harassment as long as they even slightly interfere with the employee's performance at work.

All Sex and Gender Discrimination Claims Should be Reviewed by a Legal Professional

Just about every employer has protocols for the reporting of sex or gender discrimination. However, such cases can prove challenging for affected employees to deal with. In some cases, legal action is necessary. If the employer's position is discriminatory against a female or male worker due to sex, a lawsuit is more than justified. This is precisely why every sex discrimination case should be thoroughly reviewed by an attorney. Even a seemingly minor statement, image or seemingly subtle physical contact in the workplace can qualify as sexual harassment.

Discrimination Based on Sexual Orientation

Discrimination occurs based on gender as well as sexual orientation. It does not matter if you are female, male, transgender, straight, gay or bisexual. If your employer discriminates against you due to your sexual orientation or permits such discrimination to occur, you deserve legal representation in your quest for justice, compensation and to be made whole again.

At the moment, the federal government does not offer protection for employees who qualify as LGBTQ. Such employees are only protected by state law. However, this has the potential to change in the coming years. As it currently stands, the rules, procedures and penalties for discrimination based on sexual orientation are similar to those for other types of discrimination. In many cases, the agencies responsible for enforcing other forms of discrimination protections also enforce protections for those who are plagued by sexual orientation discrimination.

The Law's Potential to Change

The laws that protect members of the LGBT community are not static. Rather, they are quite dynamic. The federal government and an ever-increasing number of states are altering laws pertaining to protections for those with alternative sexual orientations and gender identities. Laws are changing with each passing year to provide equal protection for people of all gender types. Your California sexual harassment attorney stays up-to-date on the state's sexual orientation and gender-related workplace laws and alterations to the language of these laws. It is also interesting to note some progressive employers have actually implemented their own policies that guard against sexual orientation discrimination.

Combating Sexual Orientation Discrimination in the Workplace

Workplace discrimination according to one's sexual orientation or alleged/perceived sexual orientation is not barred by federal law yet there is an executive order that prohibits this type of discrimination in the workplace. Regardless of whether you are a federal employee or not, hiring a California sexual harassment attorney will help achieve a fair and just result.

An attorney's assistance will prove essential to your push for justice yet you can also take important steps toward proving discrimination based on sexual orientation. It is imperative that you collect all forms of evidence. Preserve this evidence and it will prove vitally important in proving discrimination occurred. Document your job performance as well. If Human Resources performs an employee evaluation or any other form of review, request that the details to be documented on paper or sent to you via email. Furthermore, you should have a full understanding of your employer's policies and protections.

Even if it can't be proven your employer discriminated against you due to your sexual orientation, it still might be possible to prove the employer violated other policies, state laws or federal labor laws. It is also important to note employees subject to an employment contract or a union contract might have grounds to sue if the contract disallows discrimination according to gender identity or sexual orientation. Additional causes of action that have the potential to stem from sexual orientation discrimination include the intentional infliction of emotional distress, negligent infliction of such stress, invasion of privacy, defamation, assault and battery.

Above All, it is Imperative You Bolster Your Case with Evidence

Once you have contacted an employment lawyer, your focus should turn to collecting and organizing evidence of the discriminatory conduct. Ideally, you will have logged this information during episodes of discrimination. Whether it is an email message, a phone call or a list of witnesses and their contact information, any proof you can document of the discrimination will prove vitally important to the success of your case.

Any form of proof that shows you performed well at work should also be documented, whether it is a congratulatory message/award, a positive employment review or an email that praises your workplace performance. All of this evidence should be stored in a secure place at your home rather than the workplace. Do not put it past your employer to look for such evidence in your desk or cabinets and destroy/alter it to make your claim appear baseless.

Document the Discrimination 

Finally, you should document the instances of discrimination in terms of date, time, location and the individual who acted in the discriminatory fashion. The next step is to analyze your employer's unique workplace policies. If you are a union member, your union contract must be analyzed. Your attorney can identify your contractual rights, reporting processes, grievance procedures and other important information.

If the employer's policies bar discrimination according to sexual orientation or one's gender identity, oftentimes the best initial course of action is to report the matter to the proper workplace contact, typically a Human Resources employee. If there is no relief available at work, your attorney will pinpoint state and other local anti-discrimination laws pertaining to LGBT individuals. Your attorney will then meet with you to discuss the next best step, whether it is filing a complaint with an agency or another course of action.

The Offender Must be Made Aware of the Discriminatory Actions

There is a chance the offending party is unaware his or her actions are perceived as discriminatory. This individual might honestly have no idea he or she is discriminating based on sexual orientation or gender identity. It is also possible the party in question is lying, fully aware of his or her discriminatory behavior and pretending to be unaware of the fact that it is making you uncomfortable. It is important to make the offending party aware of the fact that his or her actions are making you feel uncomfortable. Verbalize your displeasure with this individual's actions. You can also write down your complaint and present it to the individual in question as well as your supervisor/Human Resources heads.

The bottom line is you have the burden of attempting to put your sex gender discrimination to an end. If the offender is unaware of your discomfort, he or she might not have any reason to stop those actions until you speak up. Furthermore, it will be difficult to prove discrimination in a court of law if the alleged defendant was never informed his or her behavior was perceived as offensive. 

If you can't put an end to the discrimination on your own, refer to your employee manual to determine the company's policies for such a situation. At this point, it is prudent to escalate your complaint to the next level. There is a good chance the individual in question will continue the discriminatory behavior or that your employer will not take the appropriate steps to stop the inappropriate behavior from occurring. If this occurs, you need an experienced attorney on your side to prove discrimination is occurring, that you took the proper steps to stop it and it was still allowed to occur in the workplace.

California Sexual Harassment Attorney is Here to Help

If you believe you have been discriminated against due to your sex, sexual orientation or any other reason such as your race, ethnicity, political affiliation or participation in any other group, reach out to our attorney today. We will review the facts of your case, build a legal strategy catered to the nuances of your claim and fiercely represent you every step of the way toward justice. It might be possible to obtain financial compensation for lost wages, emotional suffering and more. You can reach California Sexual Harassment Attorney by dialing 800-905-1856.

Contact Us Today By Calling 800-905-1856

We will give you a free, no-obligation consultation and can give immediate attention to your sexual harassment case.

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