Examples of Gender Discrimination at Work in California

Despite being known as a progressive state, California still has its fair share of workplace gender discrimination. Gender discrimination has more prevalently affected women, but with the growing acceptance of gender expression and awareness of discrimination against men, anyone can be subject to examples of gender discrimination at work in California.

Gender Discrimination in California

Gender discrimination is illegal in California. The California Fair Employment and Housing Act (FEHA) forbids employers with five or more employees from many types of discrimination, including discrimination based on gender, gender expression, pregnancy, and gender identity.

Gender discrimination can take many forms. Some are discrete, while others are more overt. Usually, discrimination is rooted in the biases of coworkers, employers, and supervisors, whether they know it or not. It can also stem from outdated or cultural beliefs about gender. Some general examples of gender discrimination at work include:

• Pay disparities. One of the most common forms of gender discrimination is the gender wage gap. When two people are paid different wages for the same or similar job, and one is earning less because of their gender, this is unlawful gender discrimination.
• Pregnancy discrimination. Sometimes, employers treat pregnant or new mothers unfairly by reducing their work hours and responsibilities, denying them employment, or even firing them. This discrimination also covers parents who request parental leave to care for their children or other family members.
• Sexual harassment. This includes unwanted sexual advancements, inappropriate comments and jokes, or other sexually-based behaviors that create a hostile work environment.
• Biased hiring. Biased hiring can look like refusing to hire a woman who is qualified for a job just because she is a woman and hiring a man instead, whether he is qualified or not.
• Discrimination against gender-nonconformists. Those who identify as transgender or nonbinary often face discrimination in the workplace through harassment or discriminatory comments.

Real-Life Examples of Gender Discrimination

Even today, many employees are filing claims for experiencing gender discrimination in the workplace. Some real-world examples include:

• Tesla Claim in Fremont. Tesla settled a claim filed by a female employee who routinely received disparaging comments about her race and gender. The settlement was reached through mediation.
• AutoZone had to pay $185 million in one case to a woman who claimed the company demoted and then fired her after she became pregnant.
• A $43.3 million settlement was reached by Disney in 2024 to address claims that the company had underpaid female middle managers for ten years. Product manager LaRonda Rasmussen filed the case, alleging that women were underpaid by $151 million overall, in violation of California’s sex discrimination laws.

While California has one of the lowest gender pay gaps in the country, disparities still exist. According to census statistics from 2023, Latina women in California had the biggest salary disparity, with median earnings $44,041 less than white men.

Approximately $23,250 less was paid to White women per year, $32,806 less to Black women, $20,558 less to Asian women, $43,270 less to Native American women, and $33,803 less to Native Hawaiian & Pacific Islander women.

Legal Remedies for Gender Discrimination

If you or someone you know faced gender discrimination in the workplace, there are legal options available for you to get the justice you deserve. Some steps you can take include:

• Understanding your rights. California law prohibits discrimination based on gender and related characteristics. This means that employees are protected against unequal pay, harassment, wrongful termination, and other discriminatory practices based on gender.
• File a complaint with the California Civil Rights Department. The CRD, which has offices based in Los Angeles and San Francisco, among other cities, evaluates the facts and evidence surrounding a case to resolve disputes and see if legal action may be necessary.
• Seek legal options. If the CRD confirms that discrimination took place, you may be entitled to remedies such as back pay, job reinstatement, emotional distress, and punitive damages. Your employer may also be required to implement policy changes to prevent future discrimination.

If your case proceeds to court, it may be filed with a superior court, such as the one in Los Angeles at 111 North Hill Street or in San Francisco at 400 McAllister Street.

FAQs

Q: What Is an Example of Gender Discrimination at Work?

A: An example of gender discrimination at work occurs when a woman is paid less than a male coworker for doing the same job with equivalent responsibilities and experience. Another instance of a violation of California’s Fair Employment and Housing Act (FEHA) is when a qualified employee is denied a promotion because she is or may become pregnant.

Q: What Is Considered Discrimination in the Workplace in California?

A: In California, employment discrimination occurs when an employee is treated unfairly because of a protected feature, such as gender, race, age, handicap, sexual orientation, or religion. The California Fair Employment and Housing Act (FEHA) forbids discriminatory behaviors, which include retaliation for reporting misconduct, harassment, wrongful termination, unequal pay, and biased hiring or promotion practices.

Q: What Are the Seven Types of Discrimination in the Workplace?

A: The seven common types of discrimination in the workplace include discrimination based on gender/sex, race, age, disability, religion, national origin, and sexual orientation. Both federal and California laws consider these characteristics protected, and any unfavorable treatment based on these classifications may be illegal discrimination. An gender discrimination attorney can help you understand your options for seeking justice.

Q: What Do You Do When Your Employer is Discriminating Against You?

A: If you suspect discrimination, begin by recording instances with times, dates, and witnesses. If it’s safe to do so, bring up the matter with your supervisor or HR department. Additionally, you have the option to complain to the EEOC or the California Civil Rights Department (CRD). You can better understand your legal choices and protect your rights by speaking with an employment lawyer.

Contact The Law Office of Frank S. Clowney III Today

If you have been the victim of gender discrimination in the workplace, The Law Office of Frank S. Clowney III can help you seek justice. Contact us today for more information.