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Can An Employer Reject Applications Based On Sex In California?

What California Labor Law Attorneys Say About Sex Discrimination On Job Applicants

No. Employers cannot make any employment actions based on discriminating against protected classes.

And yes, this applies to people who are still in the process of applying for the job. Employers cannot reject applicants because of their sex, which is considered illegal in California employment law.

That said, what's stopping employers from doing so? Can't they just make up an excuse to get out of the possible consequences? Here's what you need to know from our prescreened California Labor Law Attorneys:

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What Does California Employment Law Say About Sexism In The Workplace?

California employment law makes discrimination in the workplace illegal. This includes discrimination against job applicants, too. Employers cannot discriminate against an employee or applicant's protected characteristics, such as sex and gender.

If an employer rejects you solely because of your sex, you have the right to report them, file claims, and contact a California Labor Law Attorney.

What Can You Get From Filing A Work Discrimination Claim In California?

If successful, you may be entitled to the following damages:

  • Economic losses, including lost income, job opportunities, etc.

  • Non-economic losses, including emotional distress

In some cases, the jury might award punitive damages, which are additional damages the defendant has to pay on top of the ones listed above. However, these damages are only ever granted in egregious situations, often as a punishment to deter defendants and other employers from doing the same thing again.

If you were rejected for discriminatory reasons, contact a California Labor Law Attorney ASAP.

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Is It Hard To Prove Discrimination In California?

As mentioned, employers tend to make up some form of excuse. After all, there are many consequences for illegal discrimination in California. Doing so is going to cost employers who do so.

It might be even more challenging to prove the work discrimination of job applicants. This is because employers can always say they prefer someone else and not mention your protected status.

Hence, gathering evidence is vital. Contact California Labor Law Attorney who will conduct their investigations, help you compile evidence, and build a strong case.

How Do You Prove Sexism In The Workplace In California?

Finding evidence should be one of the biggest priorities for your and your California Labor Law Attorney. Here are some examples of potential pieces of evidence for your employment claim:

  • Employment documents, like employee handbooks, hiring ads, and an employment contract

  • Communications, like emails, texts, messages, and chat logs.

  • Witness statements from employees, supervisors, etc.

Do note that employers cannot retaliate against employees for testifying or helping in investigations. This means they shouldn't worry about backing you up should you need their testimonies. Not to mention, they get to sue for employment retaliation should their employer fire or punish them in any way.

It's also crucial that you avoid engaging in spats or fights amid your claim. Of course, you want to preserve your employment claim as much as possible, but further interacting with an erring employer without a California Labor Law Attorney could affect your case.

Do I Have To Sue My Employer For Work Discrimination In California?

There are two ways to get compensation for work discrimination in California. This includes:

  • Out-of-court settlement: if you have a strong case, you might compel an employer to go into a private settlement with you. This is to avoid a potential lawsuit that would cause them many problems. In most cases, you and the employer will negotiate the damages through your lawyers.

  • An employment lawsuit: Should they refuse an out-of-court settlement, you can proceed with a lawsuit. In this case, you will have to prove your case to the court.

You'll need a California Labor Law Attorney in both scenarios. You don't want to be pressured into agreeing with an unfair settlement offer, nor do you want to go to court with someone you don't trust.

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