Los Angeles Gender Discrimination Attorney

Gender discrimination can take many forms and shapes. Gender discrimination can manifest itself in more insidious ways, such as sexual harassment or workplace retaliation. Men, as well as women, can suffer the effects of gender discrimination. Sex or gender discrimination at work happens when a man or a woman is being refused employment, job position or advancement or is otherwise mistreated or unjustly treated in the work place due to his or her gender. At the onset, even during the interview period, if your prospective employer focuses mainly on questions relating to your gender and/or what you are able to provide to the company based on your gender, then you are already being discriminated against. Similarly, even if you are hired but you are not provided with opportunities for growth at work and you know that this is because of your sex or gender, then you should complain against your employer either within your grievance machinery at work or with the proper government agency.

 

You should remember that although you are filing a complaint and seeking damages against your employer it can be as harder than it sounds. Most employees commit the mistake of trying to negotiate their cases or claims on their own. If you try and seek compensation against your employer on your own you will definitely lose because your employer has the resources to retain attorneys who are experts in employment and labor laws and procedures while you, on the other hand, neither possess the resources or have ample knowledge of the law and its processes to be of any effect in negotiating your gender discrimination claims.

 

If you are seeking to protecting your rights at work and getting the maximum compensation you deserve, it is imperative to find an highly experienced sex discrimination attorney in Los Angeles who have decades of experience in pursuing discrimination claims against unjust employers throughout Los Angeles or California.

 

The Law on Gender Discrimination

Sex discrimination or gender discrimination is illegal mandated under California's Fair Employment and Housing Act (FEHA) and federal laws under Title VII of the Civil Rights Act of 1964. It is against the law to:

  • Discriminate against pregnant employees.

  • Unfairly promote male employees ahead of female employees who are similarly qualified.

  • Pay male employees more than female employees for similar work.

  • Have policies that have a disparate impact on male and female employees.

  • Treat women differently from men in the workplace.

 

Examples of Sex Discrimination in the Workplace

Employers can discriminate against women employees in many different ways. One example is if a company reserves certain types of jobs for employees of a certain sex. Gender discrimination may include the creation or toleration of a work environment that is intimidating, offensive or hostile to women.

You do not have to put up with gender discrimination in the workplace Furthermore; your employer cannot take adverse actions against you because you report sexual harassment. If you are wrongfully terminated or retaliated against because you reported gender discrimination or supported another person's claim, you may have a separate legal action against your employer.

 

Reasons Why Discrimination Based on Sex Exists at Work

 

There are more instances of gender discrimination than are being reported. This is because most of them are not reported and the victims don’t file claims or pursue their rights to claim damages against the parties at fault.

  1. Usually, employees are unable to claim gender discrimination compensation because:

  2. They don’t realize that they are being discriminated against;

  3. They are embarrassed to admit that they are victims of gender discrimination;

  4. They don’t know the process in pursuing their claims;

  5. They don’t have the resources to initiate employment cases against their employers; or

  6. They are afraid of being retaliated against by their employers.

 

In order for the unjust treatments of employees to stop, you must fight for your rights as a victim, to send the message that it is not alright to discriminate at work, especially against employees who have less in life.

 

Recognize the Signs of Sex Discrimination

 

There are different ways that an employee is discriminated at work based on his or her gender.

  • Overt Acts this is when your employer directly ridicules or makes fun of your or otherwise makes your life miserable because of your gender or your gender preference. Aside from your gender preference of being a man or a woman, homosexuals or bisexuals are usually the targets of direct or overt discrimination at work.

  • Covert Acts this happens when, although your employer seems cordial with you, but he fails or refuses to provide you with the right benefits you deserve under the labor code provisions.

 

This is why it is very important for every employee to know the laws relating to gender or sex discrimination or harassment especially in cases where your employer is not providing you with the right compensation, as this could just be symptoms or signs of a more dastardly design of discriminating against you due to your gender preference.

 

Things to Do in Case of Gender Discrimination

Always remember that it is never wise to try and file a complaint on your own or pursue negotiations with your employer because your employer will always have the advantage. He has the connections and resources to hire top employment defense lawyers to protect himself from claims.

 

In order to be successful in claiming damages for gender discrimination claims, you must do the following:

  1. Prove first your employer-employee relationship;

  2. Present evidence to prove acts constituting gender discrimination.

  3. Show proof of the damages and losses you are claiming against your employer.

 
What Constitutes Workplace Discrimination?

Federal and states law protect against workplace discrimination. In California, the California Fair Employment and Housing Act prohibits an employer from discriminating against an employee or potential employee based on:

  • Color;

  • Race;

  • Religious creed;

  • Ancestry;

  • Origin;

  • Disability;

  • Genetic information;

  • Medical condition;

  • Pregnancy;

  • Sex;

  • Gender;

  • Gender identity;

  • Marital status;

  • Veteran status;

  • Military status; or

  • Age.

 

In addition to the above characteristics, it is against California law for an employer to prohibit an employee from speaking a language other than English in the workplace, unless the restriction is based on a justifiable business necessity. While federal law also addresses and prohibits the types of discrimination listed above, California law is more expansive, providing broader definitions for terms such as mental and physical disability, medical condition, and more.

What Constitutes Discrimination in the Workplace?

 

Discrimination is treating a person differently based on any of the characteristics listed above and not job performance alone. For example, promoting someone to a higher role based on their skin color, or denying someone else a promotion based on their marital status, are forms of discrimination.

Refusing to hire someone, failing to pay a worker the same wage as other workers, excluding certain workers from opportunities, denying the use of company facilities, or issuing layoffs that only affect certain types of workers are all examples of discrimination. Discrimination also includes all forms of harassment that are based on personal traits, such as using racial slurs to describe a person.

 

YOU HAVE THE RIGHT TO TAKE ACTION

 

If you believe you’ve been discriminated against, you have legal rights and you have multiple options. You can contact a lawyer right away. Or you can file a complaint on your own against your employer with the federal Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) and ask them to investigate. (To file with the DFEH, you can file an “intake form” online, but make sure you do so within one year from the date the discriminatory act took place.) Or you could complain directly to your employer. Or contact WRLG, and we’ll help you go through all your options so you can make the best choice.

In some cases, you may be able to resolve your dispute with just the assistance of your employer or the DFEH or EEOC. But if that’s not possible or doesn’t work, getting a qualified attorney’s help may be necessary.

If a discrimination lawsuit is ultimately necessary, get the assistance of an experienced Los Angeles workplace discrimination attorney. In a lawsuit, you can seek money damages for lost wages/benefits to date and future lost earnings, for out of pocket expenses you’ve suffered, and for your emotional distress. You may be able to seek reinstatement to your old position. Punitive damages may also be available. And in all cases, you can seek an order that the employer pays for your reasonable attorney’s fees.

 

How to File a Claim with EEOC or the DFEH

An employee who experienced discrimination first must file with a state or federal administrative agency before going to court. Time limits will vary depending on which agency you file with.

Statute of Limitations for Discrimination Dispute

  • If filing a state claim with the Department of Fair Employment and Housing (DFEH), employees have one year to file from the discriminatory act.

  • An employee may also file a federal claim with the federal Equal Employment Opportunity Commission (EEOC). The time limit in California for such claim is within 300 days of the discriminatory act.

 

It is important to note that there is a work sharing agreement between the EEOC and DFEH. Filing a claim with one generally automatically files a claim with the other. Who you file with first determines which agency will investigate.

Investigations can take months. After the investigation is complete, the agency will try and bring the parties together to mediate and settle. If these negotiations fail, they will issue a Notice of Right to Sue which allows you to take legal action against your employer. It is possible to obtain this notice without undergoing the agency investigation. However, this is unwise without speaking to a discrimination attorney.

3 Vital Steps in Filing  Discrimination Lawsuit​

 

The proof is in the pudding in a wrongful termination lawsuit. We know the tragedy of being  a victim of wrongful termination, and we know there are some things you can do to protect yourself. Here are three vital signs to take into consideration:

  1. Documentation is vital. This is critical in cases of discrimination, harassment, and retaliation. The more proof you can provide, the more merit you have. Having a running list of names, , voice message, text and dates, is crucial to for the details of your case. Also make copies of emails or other types of written correspondence that are direct evident of unlawful behavior.

  2. Don’t throw away your employee manual – keep it in a safe place. If and when you are ever terminated, be sure to take it home with you.

  3. Frequently ask to see your personnel file. In most states, your employer is required by law to give you access to your file. Make copies of the documentation contained within the file, and keep a running list of the types of documents.

 

Your Gender Discrimination Lawyer in Los Angeles will assist help fill you in on other forms of evidence that you need to collect and provide. Find out more by calling 1-424-256-9055.

Free Consultation

 

When hiring a Beverly Hills Gender Discrimination Lawyer it’s important to find an aggressive attorney that is skilled to negotiate on your behalf.   Let us connect you with one who has a proven track record of success – and who will work for you on a contingency basis so that you pay nothing unless you win. We’re here for you 24/7, 365 days a year. Remember, You Don't Pay, Until you Win, or you Don’t Pay at All!

Call now for your free initial consultation today at 1-424-256-9055. We can also assist you with Spanish.

Damages Endured After Employment Lawsuit

Courts award damages for practices that adversely impact “terms, conditions, or privileges” of employment (TCP). An employee who wins a discrimination case can receive the following civil damages:

  • Compensation for any unfair employment practices and money lost by those practices

  • Attorney’s fees and other litigation-related expenses

  • Future earnings or reinstatement of the employee’s position

  • Emotional pain and suffering

  • Punitive damages for gross cases of discrimination

 
You Don’t Pay Until You Win.

Contact a Los Angeles Gender Discrimination Lawyer to schedule a free, no obligation initial case evaluation at 1-424-256-9055. Our Gender Discrimination Lawyer in Los Angeles will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!

 

Lawyer Referral Service Los Angeles

If you are in a need a Beverly Hills Gender Discrimination Lawyer to help you get appropriate compensation and medical care you deserve, you should contact a Discrimination lawyer in Los Angeles today. Our experienced Gender Discrimination lawyers in Los Angeles will help you overcome your Discrimination or damage.

 

If you have any questions about the information provided above, please contact Legal Leaf. Legal Leaf is a Lawyer Referral that can provide you with a Beverly Hills Gender Discrimination Attorney or law firm. If you do have any questions about Gender Discrimination attorney in Los Angeles area please contacts us for a free Lawyer Referral to a Los Angeles Lawyer.

 

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