San Francisco Gender/Sex Discrimination Lawyer
Workplace harassment rooted in sex and gender bias is against the law, and every year, thousands of people enlist the help of a gender discrimination lawyer to fight back against unwanted advances and prejudicial hiring practices. Gender law attorneys also assist individuals who’ve been unfairly treated by financial firms, educational institutions, and housing authorities.
What is sex and gender discrimination?
According to the Equal Employment Opportunity Commission — aka EEOC — sex and gender discrimination is the act of “treating an applicant or employee” unfavorably because of their sex or gender. In such cases, anti-discrimination laws apply equally to cisgendered and transgendered individuals.
Sex and gender biases can also rear their ugly heads outside of the workplace. People frequently sue banks, landlords, and schools for violations of anti-discrimination statutes.
What qualifies as sex and gender discrimination?
A one-off comment or act probably won’t amount to actionable sexual harassment or discrimination, except in cases involving a single, overt incident, like not hiring or firing someone because of their sex or gender. Instead, to win an EEOC case, claimants must prove that continuous actions created a hostile work environment.
A sex discrimination lawyer is best equipped to develop and frame a case narrative that fits legal parameters.
Can you provide some examples of workplace sex and gender discrimination?
Workplace sexual harassment and gender discrimination can take myriad shapes. For example, employers that do not hire or fire individuals solely because of sex or gender identities are breaking the law. Businesses that lay off workers if they become pregnant or undergo a gender reassignment surgery are also culpable.
Additional gender and sex discrimination examples include:
- Allowing employees, contractors, vendors, or even customers to continuously harass someone over their sex, sexuality, or gender.
- Permitting a workplace environment where certain genders are belittled and shamed.
- Unnecessarily reassigning someone because of their gender or sex.
- Implementing a universal workplace policy that negatively affects only certain genders and sexes.
- Tolerating unwanted advances in the office.
What federal laws address gender and sex discrimination?
The following statutes include anti-discrimination provisions regarding sex and gender bias.
- The Civil Rights Act of 1964: Title VII of the act prohibits a range of prejudicial behavior, including sex and gender discrimination.
- Equal Credit Opportunity Act: The law forbids creditors from prejudicial behavior based on age, origin, religion, race, familial status, gender, or sexual orientation.
- Fair Housing Act: The FHA prohibits housing discrimination on the basis of race, religion, disability, familial status, national origin, and gender.
- Equal Pay Act of 1963: Though often ignored or sidestepped, the Equal Pay Act legally demands equal pay for equal work, regardless of sex or gender.
- Family and Medical Leave Act: The Family and Medical Leave Act affords people the right to a leave of absence from work to care for a newborn, recently adopted child, or sick family member.
- Pregnancy Discrimination Act: The Pregnancy Discrimination Act is meant to prevent the firing or not hiring of females because they are pregnant or intend to become pregnant.
- Title IX of the Education Amendments of 1972: A much-cited statute, Title IX forbids sex discrimination in federally subsidized programs. Historically, the law aims to ensure gender equality in educational and athletic programs.
- U.S. Code Title 42, Chapter 21 – Civil Rights: Chapter 21 of U.S. Code Title 42 is a catchall civil rights law that aims to prevent discrimination of all kinds and reflects regulations established in the Civil Rights Act of 1866, Civil Rights Act of 1964, and the Civil Rights of Institutionalized Persons Act.
A sex discrimination attorney can determine which laws apply best to your situation.
What is the difference between sex discrimination and gender and discrimination?
The same federal statutes cover sex and gender discrimination, but there is a slight distinction between the two. Legally speaking, sex refers to an individual’s biological makeup; gender refers to an individual’s identity and expression.
Who can be held responsible for workplace sexual harassment or gender discrimination?
Anybody at your office or job that is creating a hostile work environment because of sex or gender discrimination can be held responsible. That person can be your supervisor, another department’s supervisor, a co-worker, or even a client, contractor, or vendor.
Federal anti-discrimination laws apply to businesses and groups with 15 or more employees, all government departments, and labor organizations. California anti-discrimination laws include companies, associations, and firms with five or more employees.
Contact a Gender Discrimination Lawyer in San Francisco
Are you dealing with a hostile work environment at your Bay Area office or job on account of sexual harassment or gender discrimination? Were you denied a job because of your sexual orientation or identity? Don’t let ignorance win. Instead, work with a sex discrimination lawyer.
Our team of San Francisco discrimination lawyers is up-to-date on the latest case law and provides comprehensive, discreet representation. We work with individuals across all industries in a variety of positions, from top executives to hourly workers.
Contact a sex discrimination attorney today to learn more about your options. We’re here to help you fight back and hold harassers and people who still practice discriminatory behavior accountable.