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California Sex and Gender Discrimination Lawyer: Beyond Pregnancy and Sexual Orientation

  • Writer: JC Serrano | Founder - LRIS # 0128
    JC Serrano | Founder - LRIS # 0128
  • 18 hours ago
  • 17 min read

HOME › CALIFORNIA EMPLOYMENT LAW › WORKPLACE DISCRIMINATION › SEX AND GENDER DISCRIMINATION


Last updated: April 2026 — Reflects California Government Code §§ 12926, 12940, 12945, and Labor Code § 1197.5 in effect as of January 1, 2026, including SB 642 amendments to the California Equal Pay Act effective January 1, 2026 (non-binary coverage, broadened wages definition, three-year statute of limitations, six-year maximum recovery period), SB 523 adding reproductive health decisionmaking as a protected FEHA characteristic, and the controlling California authority on sex, gender, gender identity, and gender expression discrimination


California sex and gender discrimination cases under the Fair Employment and Housing Act are among the most broadly protective in American employment law. FEHA treats sex, gender, gender identity, and gender expression as four separate protected categories — each with its own statutory protection and its own body of case law.


Unlike federal Title VII, which was historically limited to "sex" and only in recent decades extended to gender identity and sexual orientation through Bostock v. Clayton County, California has explicitly protected gender identity and gender expression in the FEHA statute itself for more than two decades.


California also provides five-employee coverage (versus 15 federally), uncapped compensatory and emotional distress damages, mandatory attorneys' fees for prevailing employees, and a three-year administrative filing deadline.


The practical landscape has changed significantly in recent years. SB 523 added reproductive health decision-making as an explicit FEHA-protected characteristic, effective January 1, 2023 — covering employment decisions based on contraception use, pregnancy termination decisions, and reproductive health choices generally.


SB 642, effective January 1, 2026, made comprehensive amendments to the California Equal Pay Act under Labor Code § 1197.5, expanding protection to non-binary employees, broadening the definition of "wages" to include bonuses, stock, and other compensation forms, and extending the statute of limitations for Equal Pay Act claims to three years with a six-year maximum recovery period.


This guide covers the California sex and gender discrimination framework beyond the specific protected categories already covered by dedicated guides. For pregnancy discrimination, sexual orientation discrimination, and gender identity and expression harassment, see the respective dedicated guides.


This guide focuses on the broader sex and gender framework — pay discrimination, promotion discrimination, sex stereotyping, hostile work environment, and reproductive health decision-making. For the overall framework, see our California Workplace Discrimination guide.


California Sex and Gender Discrimination Lawyer

What Is Sex and Gender Discrimination Under California FEHA


Government Code § 12940(a) makes it unlawful for a California employer of five or more employees to refuse to hire, discharge, or otherwise discriminate against a person in compensation or in terms, conditions, or privileges of employment because of sex, gender, gender identity, gender expression, or reproductive health decisionmaking.


The statute covers applicants, probationary employees, and regular employees equally. FEHA's harassment provisions under § 12940(j) apply to all employers regardless of size — meaning that even employers with fewer than five employees are liable for sex-based harassment.


Protected conduct. Sex and gender discrimination claims under FEHA include adverse actions taken because of the employee's actual or perceived sex, gender, gender identity, gender expression, pregnancy or related medical conditions, childbirth or related medical conditions, breastfeeding or related medical conditions, or reproductive health decision-making. The statute explicitly protects employees regardless of whether the employer's perception of the employee's sex or gender is accurate.


Covered adverse actions. Sex discrimination claims arise across the full employment lifecycle: refusal to hire, refusal to promote, termination, demotion, disparate compensation, sex-segregated job assignments, performance evaluation bias, exclusion from training or mentoring, denial of leadership opportunities, and constructive discharge. Under Yanowitz v. L'Oreal USA, Inc. (2005) 36 Cal-4th 1028, adverse employment action can consist of a series of subtle injuries rather than only a single major event.


Separate coverage for each category. Sex, gender, gender identity, and gender expression are four separate categories under FEHA. An employee can plead and prevail on any combination. A female employee who experiences discrimination may plead sex discrimination; a non-binary employee may plead gender, gender identity, or gender expression; a transgender employee may plead gender identity; an employee who does not conform to traditional gender roles may plead gender expression. The categories overlap, but each has independent statutory footing.


Sex, Gender, Gender Identity, and Gender Expression


FEHA treats sex and gender as overlapping but distinct categories. The distinctions matter for case strategy because some fact patterns fit more clearly into one category than another.


Sex. Under FEHA, sex encompasses biological or assigned sex at birth — traditionally conceptualized as male or female, though California expressly recognizes that this binary is not universally applicable. Sex discrimination includes discrimination because a person is female, male, or intersex. Under Government Code § 12926, sex also explicitly includes pregnancy, childbirth, breastfeeding, and medical conditions related to any of these.


Gender. Gender refers to a person's gender-related identity, appearance, behavior, or other gender-related characteristic, whether or not stereotypically associated with the person's assigned sex at birth. Gender is a broader concept than sex and encompasses the social, cultural, and behavioral dimensions of gender identity beyond biology.


Gender identity. Gender identity refers to a person's internal understanding of their gender — whether that matches their sex assigned at birth or not. Transgender, non-binary, and genderfluid employees are expressly protected under California law. Gender identity discrimination includes adverse action based on an employee's transition, name change, pronoun preference, or any aspect of the employee's internal gender understanding. For the specific framework governing gender identity harassment, see our gender identity and expression harassment guide.


Gender expression. Gender expression refers to how a person expresses their gender externally — appearance, mannerisms, clothing, voice, and other presentation elements. Gender expression is distinct from gender identity and protected independently. An employer who terminates an employee for "feminine" mannerisms or "masculine" attire — even if the employee does not identify as transgender — violates FEHA's gender expression protection. This protection is grounded in the sex stereotyping theory adopted by the U.S. Supreme Court in Price Waterhouse v. Hopkins (1989) 490 U-S 228 and expressly codified in California.


Pleading multiple categories. Experienced California plaintiffs' counsel typically plead all applicable sex and gender categories together. If an employer fires a female employee for being "too aggressive" and "unfeminine," the case involves sex discrimination (female), gender expression discrimination (non-conforming expression), and potentially gender stereotyping. Multiple theories provide multiple paths to verdict.


Reproductive Health Decisionmaking


SB 523 added reproductive health decision-making as an expressly protected characteristic under FEHA, effective January 1, 2023. Reproductive health decision-making is now listed alongside sex, gender, gender identity, and gender expression in Government Code §§ 12940(a), (b), (d), (j), and (l).


Scope. Reproductive health decision-making covers employment decisions based on an employee's decisions related to contraception, pregnancy, pregnancy termination, fertility treatment, reproductive healthcare, and related reproductive choices. Employers may not discriminate, harass, or retaliate against employees based on these decisions.


Why the protection matters. Post-Dobbs v. Jackson Women's Health Organization (2022) 597 U-S 215, the constitutional right to abortion is no longer nationally protected. California's SB 523 adds an employment-specific protection ensuring that California employers cannot use an employee's reproductive healthcare decisions as a basis for adverse employment action. This extends beyond pregnancy protection to cover decisions an employee makes about pregnancy prevention, pregnancy termination, fertility treatment, and broader reproductive healthcare.


Fact patterns. Early litigation under SB 523 has involved employees being asked invasive questions about contraception during hiring, employees being terminated shortly after seeking fertility treatment, employees being retaliated against for choosing not to continue a pregnancy, and employees being pressured on religious grounds to make particular reproductive choices. Each of these can now support direct statutory claims under FEHA.


No inquiry permitted. Under § 12940(e), employers may not make non-job-related inquiries into reproductive health decisionmaking. Questions about contraception use, pregnancy plans, or reproductive healthcare during hiring violate the statute even when the employer does not take adverse action based on answers.


The California Equal Pay Act After SB 642


The California Equal Pay Act under Labor Code § 1197.5 is a separate statutory framework from FEHA that specifically addresses pay disparities. SB 642, effective January 1, 2026, made substantial amendments that materially increase the law's reach.


Core prohibition. An employer may not pay an employee of one sex, race, or ethnicity at wage rates less than another employee performing substantially similar work, when viewed as a composite of skill, effort, and responsibility, performed under similar working conditions. The California Equal Pay Act covers sex, race, and ethnicity — broader than the federal Equal Pay Act which covers only sex.


"Another sex" language. Before SB 642, the statute prohibited pay differentials between employees of the "opposite sex." SB 642 changed this to "another sex" — encompassing non-binary employees and ensuring that gender identity and gender expression differences cannot be used as a cover for pay disparities. A non-binary employee paid less than a cisgender male employee performing substantially similar work has a statutory claim.


Broadened "wages" definition. Before SB 642, the Equal Pay Act applied primarily to salary and hourly rates. SB 642 broadened the definition of wages for § 1197.5 purposes to include all forms of pay, including bonuses, stock, stock options, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and other compensation forms. Pay disparities in any component of the total compensation package are now actionable, not only base salary.


"Substantially similar work." The Equal Pay Act standard is substantially similar work viewed as a composite of skill, effort, and responsibility. This is broader than the federal "equal work" standard. A software engineer working in one department may have a comparable claim to a software engineer in a different department even if job duties are not identical, provided the skill, effort, and responsibility are substantially similar and the working conditions are comparable.


Employer defenses. The employer may defend a wage differential by proving it is based on: (1) a seniority system, (2) a merit system, (3) a system measuring earnings by quantity or quality of production, or (4) a bona fide factor other than sex, race, or ethnicity such as education, training, or experience. The bona fide factor defense is narrow — the factor must not be based on or derived from a sex-based differential in compensation, must be job related, and must be consistent with business necessity.


Salary history cannot be used. California Labor Code § 432.3 prohibits employers from seeking salary history information from applicants and from using salary history as a justification for pay disparities. This eliminates the common employer defense that pay differences reflect "market" rates — because those market rates themselves often reflect historic sex, race, and ethnicity discrimination.


Extended statute of limitations. SB 642 extended the Equal Pay Act statute of limitations to three years from the date of the alleged violation, with a six-year maximum recovery period for continuing violations. Prior law allowed only two years (or three years for willful violations). The 2026 standard substantially expands the remedy window for California employees.


Violation triggers. SB 642 specifies multiple events that trigger the statute of limitations: when an unlawful compensation decision or practice is adopted, when an individual becomes subject to such a decision, and when an individual is affected by an unlawful compensation decision in the payment of wages. This multiple-trigger framework captures pay disparities that may have originated years earlier but continue to produce disparate compensation.


Remedies. The Equal Pay Act provides for recovery of the amount of wages deprived, interest, an additional equal amount as liquidated damages, reasonable attorney's fees, and costs. The liquidated damages doubling provision is unique to the Equal Pay Act and is not available under FEHA alone.


Sex Stereotyping Theory


Sex stereotyping is a theory of sex discrimination rooted in the U.S. Supreme Court's decision in Price Waterhouse v. Hopkins (1989) 490 U-S 228 and explicitly recognized under California FEHA. Under sex stereotyping, an employer who takes adverse action because an employee does not conform to traditional expectations for a person of that sex violates sex discrimination law.


Classic fact patterns. A female employee was told she is "too aggressive" or "not feminine enough" for promotion. A male employee is disadvantaged for being "too soft" or "not masculine enough." A female employee was pressured to adopt traditional feminine appearance norms. A male employee was denied a caregiving role because of gender assumptions.


Overlap with gender expression. Sex stereotyping claims frequently overlap with gender expression claims. An employer who punishes a male employee for wearing traditionally feminine accessories or a female employee for non-conforming appearance is violating both the sex stereotyping theory of sex discrimination and the explicit gender expression protection under FEHA. Plead both.


Transgender and non-binary claims. Sex stereotyping theory also provides a framework for some transgender and non-binary discrimination claims, though California's explicit gender identity protection makes this theoretical overlay less critical than in federal Title VII cases.


Common Forms of Sex and Gender Discrimination


California sex and gender discrimination practice involves recurring fact patterns that specialized counsel recognizes and develops systematically:


Pay discrimination. Female, non-binary, or transgender employees paid less than male employees performing substantially similar work. Supports both FEHA and California Equal Pay Act claims.


Promotion discrimination. Women are systematically passed over for promotions while male colleagues with similar or inferior qualifications advance. Often accompanied by subjective evaluation criteria that allow sex-based bias to influence decisions.


Glass ceiling cases. Women are reaching senior management levels but are unable to advance to executive roles. Statistical evidence of sex ratios at different organizational levels is powerful.


Termination after pregnancy announcement. Female employees were terminated, demoted, or forced out shortly after announcing pregnancy or returning from pregnancy disability leave. See our pregnancy termination guide.


Termination after reproductive health decisions. Female employees are adversely treated after seeking fertility treatment, contraception, or pregnancy termination. Now covered directly under SB 523, reproductive health decision-making protection.


Sex-segregated assignments. Female employees systematically assigned to administrative roles while men receive technical or leadership assignments. Male employees systematically assigned to physically demanding roles. Both forms violate FEHA's sex discrimination prohibition.


Hostile work environment based on sex. Sexually charged language, sexualized jokes directed at women, displays of sexualized imagery, and exclusion of women from workplace social activities. Different from quid pro quo sexual harassment (see dedicated future guide) but equally actionable.


Gender expression termination. Employees terminated or disciplined for gender-nonconforming appearance — traditionally feminine men, traditionally masculine women, or non-binary employees.


Transgender termination or harassment. Transgender employees facing adverse treatment after gender transition, name change, or pronoun change. For the harassment-specific framework, see our gender identity and expression harassment guide.


Reproductive questions during hiring. Invasive questions about pregnancy plans, contraception, or reproductive healthcare during interviews. These violate both § 12940(e) inquiry restrictions and § 12940(a) substantive protection.


Caregiver discrimination. Female employees penalized for perceived caregiving responsibilities — assumed distraction, assumed unavailability, lower promotion consideration. California common law and FEHA provide overlapping protections.


Dress and appearance codes with sex-based disparities. Dress codes that impose greater burdens on one sex than another — for example, requiring women to wear high heels, makeup, or otherwise be subject to appearance standards not applied to men.


Pay Transparency Under SB 1162


California SB 1162, effective January 1, 2023, added pay transparency requirements to California employment law. Under Labor Code § 432.3, employers with fifteen or more employees must include pay scales in job postings.


California employers must also provide pay scale information to existing employees upon request. Pay transparency reduces employers' ability to maintain hidden pay disparities and supports enforcement of the Equal Pay Act.


Applicant protections. Applicants are entitled to the pay scale for any position they apply for. Employers who fail to include pay scales in postings face civil penalties.


Employee rights. Current employees may request the pay scale for their own position. The employer must provide this information.


Data reporting. California employers with 100 or more employees must submit pay data reports to the California Department of Civil Rights showing compensation data broken down by race, ethnicity, and sex across job categories. The data support the enforcement of pay discrimination laws.


How FEHA Protection Exceeds Federal Title VII


California law provides multiple expansions beyond federal Title VII sex discrimination protection:


Dimension

FEHA (California)

Title VII (Federal)

Employer size threshold

5 or more employees (1+ for harassment)

15 or more employees

Gender identity explicit protection

Yes, in statute

Recognized through Bostock v. Clayton County

Gender expression explicit protection

Yes, in statute

Through sex stereotyping theory

Reproductive health decisionmaking

Yes, express under SB 523

Not expressly covered

Compensatory damages cap

None

$50,000–$300,000 based on size

Punitive damages

Uncapped (subject to due process)

Capped with compensatory

Attorney's fees

Mandatory to prevailing plaintiff

Discretionary

Administrative filing deadline

3 years to CRD

300 days to EEOC

Civil suit deadline after right-to-sue

1 year

90 days


How to Prove a Sex Discrimination Claim


California sex discrimination claims proceed under the McDonnell Douglas burden-shifting framework modified by California's "substantial motivating factor" causation standard under Harris v. City of Santa Monica (2013) 56 Cal-4th 203.


Prima facie case. The employee establishes membership in a protected category (sex, gender, gender identity, gender expression, or reproductive health decisionmaking), qualification for the position, an adverse employment action, and circumstances suggesting a causal connection. Direct evidence — sex-based statements by decisionmakers, discriminatory remarks in decision-making meetings — satisfies this step immediately. Circumstantial evidence — comparative treatment, timing, departures from standard procedure — also suffices.


Employer's legitimate reason. The employer must articulate a legitimate, non-discriminatory reason for the adverse action.


Pretext. The employee must show that the stated reason is pretextual and that sex was a substantial motivating factor. Pretext evidence includes comparator evidence showing employees of other sexes treated differently, statistical patterns, inconsistent application of policies, shifting explanations across proceedings, and sex-based comments by decisionmakers. See our McDonnell Douglas guide for the full framework.


Substantial motivating factor. Under Harris, the employee must prove sex was a substantial motivating factor — not the only reason, but a real and meaningful factor. The Harris standard is materially more favorable to employees than the federal but-for causation standard. See our substantial motivating factor guide.


Disparate impact theory. Where a facially neutral employer policy produces a disproportionate adverse impact on a protected sex, gender, or reproductive health group, a disparate impact claim can proceed without proof of discriminatory intent. See our disparate impact guide.


Equal Pay Act claims. Separate from FEHA, the California Equal Pay Act under Labor Code § 1197.5 permits pay discrimination claims with a different structure — no need to prove discriminatory motive; only a wage differential for substantially similar work. The employer bears the burden of proving a permissible justification.


Damages Available Under FEHA and the Equal Pay Act


California sex and gender discrimination cases provide among the most plaintiff-favorable damages structures in American employment law:


Claim Type

Damages Available

FEHA sex/gender discrimination

Back pay, front pay, emotional distress (uncapped), punitive damages, mandatory attorney's fees, injunctive relief

California Equal Pay Act

Lost wages, interest, equal amount as liquidated damages, mandatory attorney's fees and costs

FEHA + Equal Pay Act combined

All of the above, pursuable in the same action

Title VII (for comparison)

Capped compensatory and punitive ($50K–$300K), discretionary attorney's fees


The mandatory attorney's fees provision under both FEHA § 12965(c) and Labor Code § 1197.5 alters the economics of the case. Cases where compensatory damages alone would not justify litigation costs become viable because the fee-shift provisions guarantee the employer pays the plaintiff's legal costs if the plaintiff prevails.


The Equal Pay Act's liquidated damages provision — an amount equal to the unpaid wages — effectively doubles economic recovery on top of compensatory and other damages.


For the complete FEHA damages framework, see our FEHA damages guide.


Statute of Limitations


California sex and gender discrimination claims are subject to multiple filing deadlines depending on the theory:


Claim Type

Deadline

FEHA sex/gender discrimination

3 years to CRD; 1 year after right-to-sue

Title VII sex discrimination (federal)

300 days to EEOC; 90 days after right-to-sue

California Equal Pay Act (post-SB 642)

3 years from violation; 6-year maximum recovery

Federal Equal Pay Act

2 years (3 years for willful)

FEHA sex harassment (continuing violation)

3 years from last act in course of conduct

Retaliation for sex discrimination complaint

3 years to CRD


SB 642 SOL expansion. The California Equal Pay Act statute of limitations increased to three years effective January 1, 2026. The maximum recovery period of six years captures pay disparities that originated years earlier but continue to produce compensation effects. This is a material expansion from prior law.


Continuing violation doctrine. For hostile work environment and ongoing disparate treatment cases, the three-year FEHA period runs from the last act in a continuous course of conduct rather than from the first act.


What to Do If You Suspect Sex or Gender Discrimination


Document pay history and comparators. If you suspect pay discrimination, preserve pay stubs, employment contracts, bonus information, and any documentation of compensation. Identify employees performing substantially similar work who may be paid more — job titles, departments, experience levels, and any known compensation information.


Request pay scale information. Under SB 1162, existing employees can request the pay scale for their own position. Your employer must provide this. The information establishes the upper bound of the position's compensation range and supports comparative analysis.


Document pregnancy/reproductive healthcare timing. If you suspect adverse treatment following pregnancy announcement, fertility treatment, contraception decisions, or reproductive healthcare, preserve all documentation of the timing — medical records, leave requests, and any employer communications during the relevant period.


Preserve performance reviews. Positive performance reviews before a sex-based adverse action are critical. Save electronic copies before losing system access.


Preserve decision-maker statements. Contemporary notes of sex-based or gender-based comments by supervisors, managers, or decision-makers. Date, witnesses, and specific words used. Even single comments can be critical evidence.


Request your personnel file. Under Labor Code § 1198.5, California employees have the right to inspect their personnel file within thirty days of request. Personnel files frequently contain evidence of timing patterns and comparative treatment.


Report internally but preserve documentation. File written complaints with HR and preserve copies. Internal complaints establish employer knowledge and trigger retaliation protections. However, internal complaints are not a prerequisite to filing a CRD complaint.


Do not sign a severance agreement without attorney review. Severance agreements typically waive FEHA sex discrimination claims and Equal Pay Act claims. Attorney review before signing can preserve claims worth many multiples of the severance amount.


Consult with specialized employment counsel promptly. Sex discrimination cases often involve multiple overlapping theories — FEHA discrimination, Equal Pay Act pay claims, retaliation, and harassment. Specialized counsel can evaluate which theories are strongest and how to preserve evidence.


Consider filing options. Employees can file FEHA complaints with the California Civil Rights Department. Equal Pay Act claims can be filed with the California Labor Commissioner or in civil court. A cross-filed claim covering both theories typically maximizes recovery.

California Sex and Gender Discrimination Lawyer

Frequently Asked Questions


What protected categories does California FEHA cover beyond biological sex? FEHA explicitly protects sex, gender, gender identity, gender expression, and reproductive health decision-making as separate categories. Sex covers biological or assigned sex at birth, including pregnancy, childbirth, and breastfeeding. Gender refers to gender-related identity, appearance, and behavior. Gender identity refers to a person's internal sense of gender. Gender expression covers the external presentation of gender. Reproductive health decision-making, added by SB 523 effective January 1, 2023, covers employment decisions based on contraception, pregnancy, pregnancy termination, fertility treatment, and related reproductive choices.


What did SB 642 change about California's Equal Pay Act in 2026? SB 642, effective January 1, 2026, made several material changes. It replaced "opposite sex" with "another sex" to include non-binary coverage. It broadened the definition of wages to include bonuses, stock, stock options, cleaning or gasoline allowances, hotel accommodations, and reimbursement for travel expenses. It extended the statute of limitations for Equal Pay Act claims to three years from the date of the alleged violation, with a maximum recovery period of six years for continuing violations. The changes substantially expand both the scope of actionable pay disparities and the time window for bringing claims.


Does California protect employees who have an abortion or use contraception? Yes. SB 523, effective January 1, 2023, added reproductive health decision-making as an expressly protected characteristic under FEHA. Employment decisions based on contraception, pregnancy termination, fertility treatment, or other reproductive healthcare choices are prohibited. Employers may not discriminate, harass, or retaliate against employees based on reproductive healthcare decisions. Pre-employment inquiries into reproductive health decisions are also prohibited under § 12940(e).


Can my employer pay me less than a male coworker doing similar work? Not if the work is substantially similar. Under California Labor Code § 1197.5, an employer may not pay employees of one sex less than employees of another sex for substantially similar work viewed as a composite of skill, effort, and responsibility, performed under similar working conditions. The California standard is substantially broader than the federal Equal Pay Act "equal work" standard. The employer may defend a wage differential only by proving that it is based on a seniority system, a merit system, a production-based system, or a narrow bona fide factor other than sex that is not derived from sex-based compensation differentials.


What evidence supports a sex discrimination claim? Direct evidence includes sex-based statements by decision-makers, sex-based references in performance reviews or disciplinary documentation, and sex-specific policies. Circumstantial evidence includes comparative treatment of employees of other sexes, statistical patterns of promotion or pay disparities, timing of adverse action relative to protected activity, inconsistent application of policies, shifting explanations across proceedings, and sex-based remarks by supervisors or coworkers. The most persuasive cases combine multiple evidence types.


How long do I have to file a sex discrimination claim in California? Three years to file a complaint with the California Civil Rights Department from the date of the last discriminatory act. After the CRD issues a right-to-sue notice, one additional year to file a civil lawsuit. For California Equal Pay Act claims specifically, SB 642 extended the statute of limitations to three years from the date of the alleged violation, with a six-year maximum recovery period effective January 1, 2026. Cases involving an ongoing hostile work environment or disparate treatment may benefit from the continuing violation doctrine.


What damages can I recover in a California sex discrimination case? FEHA damages include back pay, front pay, lost benefits, emotional distress (uncapped), punitive damages where malice or oppression is proven, and mandatory attorneys' fees to prevailing plaintiffs. California Equal Pay Act damages include unpaid wages, interest, an equal amount as liquidated damages, and mandatory attorney's fees and costs. The liquidated damages doubling provision is unique to the Equal Pay Act. Combined FEHA and Equal Pay Act claims pursued in the same action can produce recoveries materially higher than federal Title VII cases, which are subject to compensatory and punitive damages caps ranging from $50,000 to $300,000.




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