California Gender Discrimination Laws

Frank S. Clowney III

Thanks to California state laws prohibiting discrimination, it is illegal to discriminate against anyone because of their gender, perceived or otherwise. Your gender identity is your own business, and when somebody treats you differently because of it, you may have grounds for a considerable discrimination claim. If you find yourself being discriminated against because of your gender, a lawyer can help you understand California gender discrimination laws.

The legal team at The Law Office of Frank S. Clowney III understands the complexities of discrimination law and how important it is for our clients to feel safe, secure, and respected. Few incidents in your life can foster the kind of disrespect that comes with discrimination. When someone treats you like you are less than them, it can prey on your own insecurities and make you afraid to confront them.

California legislation protects against incidents of discrimination, but it still happens. When it does, you can pursue legal assistance and emotional support.

California Gender Discrimination Laws

California has very strong and supportive anti-discrimination laws, primarily the California Fair Employment and Housing Act (FEHA). This legislation makes it illegal in California to discriminate against anyone for their gender identity, sexual orientation, race, skin color, religion, national origin, disability, age, or pregnancy. These are known as protected classes. If you are mistreated because of a protected class, you may have grounds for a strong legal claim.

Discrimination against your gender can happen anywhere, not just in the workplace. According to a study from the California Department of Justice, the amount of hate crime events that occurred in California in 2023 increased by 159.9% from 2022 to 2023 despite a minor decrease in actual reported hate crimes for sexual orientation, racial bias, religious bias, and more. It’s vital that you reach out to a discrimination lawyer if you find yourself a target of bigotry in California.

Different Forms of Gender Discrimination

Gender discrimination can manifest in many different ways. It occurs whenever someone treats you poorly because of your gender. It doesn’t even have to be true. If someone mistreats you because of the gender they perceive you to be, that’s still discrimination, even if they are incorrect. Here are some examples of gender discrimination in California and how it can hurt people:

  • Unequal Pay: It’s no secret that in many lines of work, a man might make more money than a woman would for doing the same job. When male employees are making more than the female employees for the same work, this is a glaring example of gender discrimination. California prohibits gender-based wage discrimination, but it can still happen. If you are facing issues of unequal pay, reach out to a discrimination lawyer soon.
  • Misgendering: When somebody purposefully misuses your chosen pronouns in a blatant attempt to undermine, belittle, or hurt you, that is considered a form of gender discrimination in California. Intent is everything. If someone honestly didn’t know and made an effort to correct their behavior, you may want to consider forgiveness. However, if someone repeatedly addresses you incorrectly out of rudeness, take legal action.
  • Intimidation: Sometimes, people may attempt to use their gender to try and intimidate somebody else into doing things for them. This is not unique to men or women and can happen to anyone. It may be considered a form of gender discrimination, especially if it happens in the workplace. If somebody tries to make you feel small based on your gender, consider legal action.

You deserve to be treated like a human being. If you are discriminated against because of your gender, you may want to consider reaching out to one of the many gender-based support groups throughout California, including the National Organization for Women (NOW), Equality Now, and the Trans Wellness Center.

FAQs

What Is the Gender Nondiscrimination Act in California?

The Gender Nondiscrimination Act in California is a significant piece of statewide legislation that was passed in 2011 and went into effect in 2012. It strengthens protection for transgender people in California and includes gender identity and gender expression as protected categories in the Fair Employment and Housing Act. This protection extends into the workplace, housing, public accommodations, and more.

What Is the New Law in California About Gender?

The most recent legislation that was passed in California regarding gender was the Transgender, Gender Diverse, and Intersex (TGI) Inclusive Care Act, which was passed in 2023. This act protects the rights of transgender Californians to access health care services and gender-affirming health care that helps transgender people align their outward traits with their gender identity.

What Is the Gender Equality Law in California?

California has many gender equality laws that reinforce each other to create an environment that is protective of all genders and discriminatory towards no one. Some important gender equality legislation includes the Fair Pay Act, which prohibits employers from paying one gender more than another gender for the same work. The Fair Employment and Housing Act totally prohibits discrimination based on gender or gender expression.

Is Misgendering Illegal in California?

While there is no current law regarding misgendering in California, repeated instances of misgendering someone intentionally can be viewed as harassment and discrimination. If there is significant evidence of a person’s attempt to belittle the victim by misgendering them, the victim may be able to make a strong case against them. If you believe you have a case, you may want to speak to a discrimination lawyer to know your legal options.

Contact a Discrimination Lawyer Today

Being discriminated against because of your gender can be one of the most insulting, degrading, and traumatic events of your life. You may not know what to do at first. The most important thing you can do is document your interactions with the perpetrator and take your findings to a discrimination lawyer. They can help you hold the right person accountable and pursue justice for you.

The legal team at The Law Office of Frank S. Clowney III can provide you with everything you need to succeed in your case. We can help you build your case up, gather the evidence you need, and ensure that your interests are protected. Contact us to speak to a valued team member about a consultation.