How to File a Gender Discrimination Complaint in California

Gender discrimination in the workplace isn’t just an injustice; it’s a pervasive issue that undermines the principles of both equality and fairness. When faced with gender discrimination in the workplace, many don’t know what to do or where to turn. That is why learning how to file a gender discrimination complaint in California is so important.

Understanding Gender Discrimination

Gender discrimination happens when an individual is treated differently by their employer because of their gender, gender identity, or gender expression. This includes discrepancies in hiring, promotions, job assignments, terminations, and compensation. Despite advancements, gender-based inequities persist in the workplace.

Understanding the broader context of gender discrimination can underscore the importance of addressing individual cases. Some of the most common gender discrimination cases evolve from:

• Promotion disparities. Nationally, women are 14% less likely to be promoted than their male counterparts, which contributes to underrepresentation in leadership positions.
• Wage disparities. Across the United States, men consistently earn more than women, with women earning 85 cents for every dollar earned by men in 2024.

California is actively working to eliminate gender discrimination through stronger laws, increased transparency, and legal enforcement. The California Pay Transparency Law (SB 1162) requires employers to disclose salary ranges in job postings. They must also report pay data by gender, race, and ethnicity to reduce wage disparities.

In addition, the Silenced No More Act (SB 331) prevents companies from using non-disclosure agreements (NDAs) to silence employees who speak out about discrimination or harassment. These efforts, combined with ongoing policy reforms, ensure that California workplaces continue to move toward greater fairness and equity. However, gender discrimination in the workplace can still happen.

Steps to File a Gender Discrimination Complaint in California

Filing a gender discrimination complaint in California requires following specific legal steps to make sure your claim is properly documented and investigated. Whether you’ve been denied equal pay, passed over for promotions, or subjected to a hostile work environment due to your gender, taking the right approach can strengthen your case. This includes:

1. Document the discrimination. Maintain detailed records of discriminatory incidents, including dates, times, locations, involved parties, and any witnesses. This documentation is important for substantiating your claim.
2. Report internally. Before escalating the matter externally, utilize your employer’s internal complaint mechanisms, like reporting to a supervisor or the human resources department. This step demonstrates that you’ve tried to resolve the issue internally.
3. File with the California Civil Rights Department (CRD):
   • Initiate a complaint. Submit a pre-complaint inquiry to the CRD, either online or by mail.
   • Investigation process. Upon receiving your complaint, the CRD then assesses its validity. If accepted, it may initiate an investigation, seek mediation, or grant you a right-to-file notice, allowing you to pursue the matter in court.
4. Obtain a right-to-file notice. If the CRD doesn’t resolve the issue to your satisfaction, you can request a right-to-file notice, which then allows you to file a claim in civil court.
5. Consult an attorney. An experienced gender discrimination attorney can provide you with invaluable guidance throughout this process while protecting your rights.

While the process may seem daunting, holding employers accountable for discriminatory practices is important for creating fair workplaces and enforcing California’s strong legal protections.

Why Legal Representation Is Important for a Gender Discrimination Case

Navigating a gender discrimination complaint in California can be complicated, but having the right legal representation significantly strengthens your case. Employers often have teams of attorneys protecting their interests, making it critical for employees to have an advocate who understands employment law and can effectively fight for their rights.

An employment lawyer can help you gather and present strong evidence, including pay records, performance evaluations, and witness statements, to support your claim. They can also make sure all deadlines are met and that complaints are filed with the correct agencies. While assessing your case, your attorney can determine if settlement negotiations or litigation is the right measure, which can enable you to seek maximum compensation.

Without experienced legal guidance, you risk missing key procedural requirements or settling for less than you deserve. An attorney can increase your chances of a favorable outcome while navigating the process with confidence.

FAQs

Can I File a Gender Discrimination Complaint If I Was Denied Parental Leave While My Co-Worker of a Different Gender Received It?

Yes. If your employer grants parental leave to employees of one gender but denies it to others, that could be a violation of California’s Fair Employment and Housing Act (FEHA). Employers must provide equal access to parental leave benefits, regardless of gender. An attorney can determine if your rights were violated and what steps to take.

What If My Employer Claims My Pay Gap Is Based on “Market Demand” vs. Gender?

Even if an employer justifies wage differences based on “market demand,” they must still comply with California’s Equal Pay Act, which requires equal pay for substantially similar work. Employers must prove that pay discrepancies are based on factors unrelated to gender, such as experience or education, and not vague justifications, like industry standards or negotiation tactics.

Can I Report Gender Discrimination If My Employer Is a Small Business?

Yes. In California, businesses with as few as five employees must comply with state gender discrimination laws under FEHA. Even small employers are prohibited from making employment decisions based on gender, including hiring, firing, promotions, and pay. If you work for a small business and have faced discrimination, you still have legal protections and can file a complaint.

Am I Protected From Retaliation If I File a Gender Discrimination Complaint?

Yes. California law prohibits employers from retaliating against employees who report gender discrimination. Retaliation includes termination, demotions, pay cuts, or creating a hostile work environment in response to your complaint. If you experience retaliation after filing, you may have grounds for an additional legal claim, which could increase the potential compensation in your case.

Don’t Wait, Act Now

Filing a gender discrimination complaint in California is a structured process. It is designed to uphold the rights of employees and promote workplace equality. By understanding your rights, meticulously documenting incidents, and following the appropriate channels, you can challenge discriminatory practices.

The Law Office of Frank S. Clowney III is committed to supporting individuals through this process, advocating for justice, and fostering equitable work environments.

Contact us today to schedule a consultation.