Livermore Gender Discrimination Lawyer
Gender Discrimination Attorney in Livermore, CA
Experiencing gender discrimination can be devastating. Filing a gender discrimination claim shouldn’t feel like another opportunity for the system to revictimize you. The process to file a gender discrimination claim can be complicated. A Livermore gender discrimination lawyer can help you complete the necessary documents when filing and represent you during negotiations and in court.
Hire a Gender Discrimination Lawyer
When you apply for a position, you expect employers to review your background and fit for the role. Your gender should not be a consideration when applying for a job or promotion. If you have experienced gender discrimination, you should hire a gender discrimination lawyer from Valerian Law, P.C. Our team works closely with all our California clients throughout the claim process while pursuing full compensation.
Gender Gaps in the United States
Even with some substantial gains, the gender gap continues to persist in the American workforce. According to the Pew Research Center, in 2023, women represented 47% of the civilian labor force, up from 30% in 1950.
Women over the age of 25 make up 51% of the college-educated workforce. However, among the ten highest-paying occupations, women only make up 35% of the workforce. This number has increased from 1980, when women only made up 13% of the workforce in the highest-paying occupations. Women are still underrepresented in the top leadership positions among large businesses and the government.
If you live or work in Livermore and plan to file a claim for gender discrimination, you can do so in the Superior Court of California at the Wiley W. Manual Courthouse in Oakland for state violations. For federal violations, the case is heard by the United States District Court for the Northern District of California in either San Francisco or Oakland.
Gender Discrimination Laws in California
California has several laws that protect residents from gender discrimination in various scenarios. These laws include:
- Fair Employment and Housing Act. This Act protects against discrimination based on gender identity, sexual orientation, race, nationality, religion, disability, age, or pregnancy. These groups are considered protected classes.
- California Equal Pay Act and Fair Pay Act. Both Acts prohibit employers from paying employees who complete substantially similar work from being paid different rates. There are also protections for employees who speak out and suffer retaliation.
- Gender Nondiscrimination Act. To expand existing legal protections, this Act specifically names gender identity and gender expression as protected categories for existing non-discrimination laws.
- Pregnancy and Caregiver Rights. Employers with more than five employees are obligated to reasonably accommodate employees with pregnancy-related medical needs, provide pregnancy disability leave, and provide a suitable location for expressing breast milk.
- Sexual Harassment Protections. Provided under California’s Fair Employment and Housing Act and the federal Civil Rights Act, sexual harassment is classified as a form of sex discrimination. Sexual harassment protections include offensive actions even if they are not motivated by sexual desire.
Common Signs of Gender Discrimination
Gender discrimination can take many forms, with some offenses more blatant than others. Common forms of gender discrimination experienced in the workplace include:
- Being paid less for substantially similar work based on your gender, gender identity, or gendered stereotypes.
- Consistently hiring or promoting one gender over the other without a defendable cause, such as merit or seniority.
- Assigning job duties based on gendered stereotypes instead of skills or experience.
- Gender-based harassment and other actions that create a hostile work environment.
FAQs
FAQS DISCLAIMER
The questions and answers presented in the FAQ are not intended to be exhaustive and do not constitute legal advice for your particular question, issue, or concern, nor does this FAQ create any attorney-client relationship or duty on our part to assist you. The information may help you think about your issues and ask the right questions if you choose to consult with an attorney.
How Much Can You Get from a Gender Discrimination Claim?
The total amount you can get from a gender discrimination claim is based on several factors of the case. Cases with strong evidence are more likely to receive compensation than cases with little evidence. State cases are also more likely to result in higher payouts compared with federal cases. If your claim is successful, you are often awarded back pay, future lost earnings, emotional distress, punitive damages, and attorney’s fees.
What Are Examples of Gender Discrimination?
Any discriminatory behaviors based on the victim’s gender can be classified as gender discrimination. Common examples include paying less for substantially similar work, refusing to hire or promote based on gender, sexual harassment, and treating someone based on gendered stereotypes. Creating a hostile work environment and other forms of retaliation can also be considered forms of gender discrimination.
Is Pregnancy Discrimination a Type of Gender Discrimination?
Yes, under the Fair Employment and Housing Act, pregnancy discrimination is considered a type of gender or sex discrimination. Employers are prohibited from refusing to hire, demoting, firing, or changing an employee’s job duties because they are pregnant.
Employers are also required to offer reasonable accommodations and pregnancy disability leave to employees who are pregnant. Harassment directed toward an employee who is pregnant, has experienced childbirth, or has any related medical conditions is considered gender discrimination.
Is Unequal Pay Considered Gender Discrimination in California?
Under California’s Equal Pay Act and Fair Pay Act, paying an employee less for substantially similar work than a male counterpart would be considered gender discrimination. When a pay difference exists, the employer is required to prove that the difference is based on merit, seniority, or a legitimate business factor. These laws also protect employees who experience retaliation as a result of filing a complaint.
Are Transgender Employees Covered Under Gender Discrimination Laws in California?
Yes, California’s Fair Employment and Housing Act includes protections for transgender employees. Specifically, employers are prohibited from discriminating based on gender identity or expression, or based on transition status. Employees have the right to use their chosen name and pronouns, use the restroom that corresponds with their gender identity, and follow the dress code that is based on their gender identity.
Contact Valerian Law, P.C.
Our team of dedicated and experienced attorneys in Livemore values empathy, inclusivity, and accountability in every case we represent. We work closely with all of our clients by emphasizing the need for open communication and the ability to adapt to changing circumstances. We tailor how we approach each case to the unique characteristics of the client. Contact Valerian Law, P.C. today to schedule your initial consultation.
