What is sex discrimination?

California’s Fair Employment and Housing Act (“FEHA”) protects against an employer treating an employee differently because of their sex, gender, gender identity, gender expression, or sexual orientation. If an employee is being treated differently because of one of those protected characteristics, they may have a claim. Sex or gender discrimination can sometimes appear in the form of stereotypes.

How to prove sex discrimination

The employee must show that they experienced a negative employment decision, were qualified for the position, and a person outside the protected class replaced them, or similar employees not of that sex or gender were treated better. A claim can be proved with either direct or circumstantial evidence.

A supervisor’s bias against women, lack of promotional opportunities, or avoiding women can be evidence of sex discrimination. Sex-based comments about a woman’s place at work or home can also be evidence of sex discrimination.

Being treated differently for failing to conform to gender norms can also be evidence of gender discrimination. Being treated differently because of gender identity is another example of sex discrimination.

What types of claims fall under gender or sex discrimination?

Sexual orientation, gender identity, gender expression, pregnancy, childbirth, breastfeeding, or medical conditions related to pregnancy, childbirth, or breastfeeding all fall under sex or gender discrimination.

How Browne Employment Lawyers’s sex discrimination lawyers can help

If you have been discriminated against because of your sex, gender, sexual orientation, gender identity, gender expression, pregnancy, childbirth, breastfeeding, or medical conditions related to pregnancy, childbirth, or breastfeeding, Browne Employment Lawyers is available for free consultations to investigate and determine whether we can offer to represent you. To begin this process, please get in touch with us by calling 800-421-2594 or emailing team@coylebrownelaw.com.

While not required for an initial consultation, it is helpful to prepare in advance:

The specific facts and any records about the incident(s), including the name and contact information of the person or entity you believe harmed you (if known);

The names and contact information of any witnesses (if known); and

Copies of any documents or other evidence related to your situation.