Gender Discrimination In The Workplace

Updated: Jul 24, 2020

A Guide By Los Angeles Employment Lawyers

Workplace gender discrimination means that an employee or a job applicant is treated differently or less favorably because of their sex or gender, or because the person is affiliated with a group that is associated with a particular sex or gender.

Sometimes employees experience discrimination because of their gender, sexual identity, race, national origin, religious beliefs, disability or age. For example, a woman of color may be discriminated against in the workplace differently from a white female counterpart. She may be paid less, evaluated poorly, harassed, or passed over for promotion just because of the combination of her sex and her race.

California Employment Law

Examples of Gender Discrimination In The Workplace

  • not being hired, or being offered a lower-paying vacancy just because of your sex (for example, if the employer offers a male candidate equally qualified the same job at a higher pay rate)

  • being held to higher standards, or being evaluated more poorly, because of your sex, or because you don’t behave in a way that conforms to traditional ideas of femininity or masculinity. For example, if an employee who identifies as a woman receives a harsh performance review that criticizes her for being too “loud” (while male employees who behave the same way are praised for being “leaders”), or if the female employee wears her hair short and is told she needs to be more “feminine,” she may be experiencing employment discrimination based on sex stereotypes, a form of gender discrimination.

  • being paid less than another employee of a different sex who is similarly or even less qualified than you,

  • being passed for a promotion, pay raise, or training opportunity that is given to people of another sex who are equally eligible as you

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  • being disciplined for something that other employees of a different gender do all the time but never get written up for

  • being bullied, called names or slurs because of your sex, or hearing harsh remarks about people of a certain sex, gender, or gender identity

  • being intentionally called by a name or referred to as a different gender that you don’t identify with

  • being a victim of sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature

  • being rejected for a job opportunity, forced out on leave of absence, or given fewer assignments because you’re pregnant

California Employment Law

Sometimes gender discrimination isn't intentional or very obvious. It's still count as employment discrimination if your boss does something that excludes or harms employees of a particular sex without intending to. Your Los Angeles Employment Lawyer will be able to analyze your set of circumstances and advice you on how to proceed.

Other times, a certain company policy does not mention anything about gender, and may not have been put in place for the purpose of keeping women out of certain vacancies, but ends up having that end result.

This kind of company policy could still be classified as “discriminatory,” and if you’ve been denied a job opportunity, paid less than your coworkers of a different gender, or lost your job as a result of it, you might have a wrongful termination and discrimination in the workplace claim.

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