Although the nation is moving to a point where we become more accepting of the differences in religion, sexual orientation, and race, Discrimination is still reported in many California workplaces. Under the California Fair Employment and Housing Act, it is unlawful for an employer to deny you a job, terminate your employment, or discriminate against you in terms of conditions or privileges based on your gender. Although sex often denotes the biological differences between men and women, genders are the cultural implication of the different sexes.

If you believe that you are a victim of gender discrimination from your employer, you could file a claim with the Department of Fair Employment and Housing. The course of action after your gender discrimination at work may differ depending on the extent of the Discrimination. Either way, you will require the guidance of a competent attorney. Your attorney will evaluate the specific details of your situation to determine whether you have a solid case. Also, the lawyer will guide you on the steps you need to take to recover the losses that you incur from the Discrimination.

What to do After Gender Discrimination by your Employer

California gender discrimination laws make it a crime for an employer to discriminate or terminate against their employees based on their gender. If you feel that you or another person is facing Discrimination, you have a right to speak about it with anyone you wish. However, your employer has the responsibility to ensure that their workplace is free from Discrimination regardless of your gender or sexual orientation.

The steps you take after identifying gender discrimination directed towards you at work will determine the nature of the Discrimination. Many circumstances could be an effect of gender discrimination, including:

  • Harassment. In an industry dominated by one gender, cases of harassment are common. Many people assume that women or females are the only ones who face harassment which is not the case. Men, transgender, or non-binary individuals can be victims of harassment at work. Even when the harassment is not sexual in nature, gender or sex-based Discrimination is prevalent. 

  • Pay gap. Many workplaces fail to be transparent on the salaries they pay their workers, which is based on. It is illegal for an employer to discriminate against their employees regarding pay based on their gender. You may be a victim of gender discrimination if you are [aid less compared to the employees of the other gender performing similar tasks as you.

  • Representation in senior management. Companies are required to have significant representation from both genders for management positions. If you complain of lack of representation for one gender, your complaint of gender discrimination at work could be valid.

If You Quit Your Job

If you decide to quit your job as a result of gender discrimination. You will have fewer legal options to pursue. Therefore, unless extraordinary circumstances make it impossible for you to continue working, quitting is not advisable. In addition, if you leave your job, you will not be entitled to lost wages associated with the acts of Discrimination. This may significantly reduce the settlement you stand to recover after validating your claim. This is because the amount you recover from lost wages is substantial.

However, you may be an exception if resignation from your job is considered constructive termination. In this case, you can recover your lost wages. Under California law, a constructive termination is when your employer makes the work condition intolerable that you have no other alternative but to resign. It is challenging for your resignation to qualify as reasonable termination, especially when you a battling a claim for gender discrimination. Therefore seeking legal guidance is crucial.

If you are Still Employed

If you still have your job regardless of gender discrimination, you should submit a respectful complaint to the appropriate authority in the company. Your complaint, in this case, must be correct and filed appropriately for it to be effective. In addition to reporting the incident to your employer, you can file a complaint with different bodies that handle Discrimination, such as FEHA AND DFEH.

If You are Terminated 

If you are terminated after experiencing Discrimination at the workplace, you should avoid threatening legal action. Many employees who threaten to sue their employers may receive a countersuit for extortion which can jeopardize your chances of recovering your benefits. Instead, you should contact a skilled employment attorney to guide you through the process of filing a claim with the DFEH.

When you file a discrimination complaint with the Department of Fair Employment and Housing, the DFEH will evaluate the facts of the complaint and decide whether they accept the case. They will independently investigate the legal issues in the situation. Investigation of a gender discrimination case by the DFEH involves a review of the statements presented by the complainants and response to the complaints. Also, witness statements and other information presented in the case will be reviewed.

If you feel that you are a victim of gender discrimination by your employer or the workplace in general, DFEH may help you solve your complaint. However, to begin, it would be wise to gather the following information:

  • Specific facts and other records on the incident. This may include the names and contacts of the individuals you feel have discriminated against you.

  • Copies of all the documents related to your complaint

  • Names and contact information of the witnesses. 

In cases of gender discrimination at the workplace, you must file a complaint with the DFEH within three years. Also, you must obtain a right to file a lawsuit in court from the Department of Fair Employment and Housing. The DFEH will only handle complaints where the law is violated. Therefore, if they fail to accept your complaint, you can submit it to the entity that manages it.

A gender discrimination investigation helps determine if your employer has violated California law. If there is a violation, the legal decision of DFEH may issue you with a right to sue. If there is no evidence of a violation, your complaint will be dismissed. In most cases, the Department of Fair Employment requires you and your employer to go through mediation to solve the case. Mediation is a form of dispute resolution where a neutral party will help you resolve the differences without the need for legal action.

One of the most significant benefits of pushing through with mediation is sitting with your employer and formulating a solution. If you cannot agree, the DFEH will file a lawsuit on your behalf. However, if they close your case, you can pursue the claim independently.

Like in other areas of the law, there is a statute of limitations to filing a complaint with the DFEH for gender discrimination at the workplace. In California, you have up to one year since the incident to file a complaint. When you receive a right to sue from DFEH, you will have another year to either go to mediation or file a lawsuit against your employer. Filing a claim for Discrimination in public work can be very complicated, and their statute of limitations is as short as six months. Therefore, it is essential to proceed with competent legal guidance.

How much is a Gender Discrimination Case Worth?

The amount of money you can recover from a gender discrimination case depends on different factors of your situation. For example, a person who still has their job may not recover as much as the one who is terminated after workplace gender discrimination. Understanding the damages you can recover helps you evaluate your attorney's information regarding your case. As gender discrimination, you stand to recover the following types of damages from your claim:

Lost wages

Lost wages set out the amount of money you lost due to gender discrimination. Often lost wages may be informed of a salary, bonuses, and allowances and is recovered by works terminated, or their resignation qualifies as reasonable termination. It is essential to understand that your compensation may be lowered if you have obtained another job. Also, you should disclose any unemployment benefits that you recover.

If you do not have a job, you will be required to estimate the duration it may take you to find another job. This can be difficult to establish, and you will need evidence such as ad job adverts to support your statements.

Emotional Pain and Suffering

Although Discrimination at the workplace may not cause physical injuries, it could result in severe psychological distress. When filing a claim for workplace discrimination, you can seek to recover compensation for the emotional distress you suffered from the encounter. You may be required to explain how the incidents made you feel. Additionally, you can be backed up by friends, family, or a medical professional who may have witnessed how the Discrimination affected you.

If you visited a doctor due to the impact of the unlawful conduct at your work, you could ask them to write a report that can be presented as evidence in your claim. If you are still working with your employer, emotional pain and suffering might be the only financial claim you make. When determining the amount you deserve, the court may consider the following factors:

  • The length of Discrimination

  • Whether or not the Discrimination was deliberate. Often you will recover more for harassment as opposed to unintentional Discrimination.

  • How your employer reacted to the Discrimination if it was reported is essential. For example, ifthey ignored your complaint and the Discrimination continued, you will likely recover more from your complaint.

  • The effect of Discrimination on you. If you needed to see a doctor, you suffered more from the Discrimination, translating to a larger payout.

Attorney Fees and Cost of the Suit

Claims often take a long time to resolve, and you will require legal guidance during this time. When you recover compensation, you are likely to be paid for the amount you spent on attorney fees. Often attorney fees are based on the duration of the case and the amount you spent with legal counsel. Also, the amount you and your attorney spent to litigate your case may play a significant role in determining the amount you can recover. 

Punitive Damages

In California, Punitive damages are designed to punish a defendant for their conduct. Punitive damages are not linked to any suffering, harm, or loss that you experience due to Discrimination. However, the judge can reduce the amount if they are significantly higher than the actual size of your damages. In your gender discrimination claim, punitive will only be available when your employer acted disregard your rights.

When settlement is offered to your case, you have a right to accept or reject the offer. When guiding you on whether to accept the offer, your attorney could consider the following factors:

  • The extent of damages you suffered from the Discrimination

  • Your employer track record on violating the right of employees

  • Whether your case is handled in mediation or court

  • Whether or not your employer is capable of paying for the damages

  • Whether your employer has insurance policies that cover your claim

  • The strength of the evidence you have on your claims

  • Whether your employer's conduct was intentional or accidental.

Find a Skilled California Employment Attorney Near Me

Despite the progress made over the years regarding gender equality in the workplace, research shows that many businesses still have gender discrimination. If you are treated differently from other colleagues or job applicants due to your gender or sex, you may be facing gender discrimination. Gender discrimination may be of different types, including pregnancy discrimination, harassment, senior management representation, and the pay gap.

If you are a victim of gender discrimination at the workplace, you should not stay silent. You can file a complaint with the Department of Fair Employment and Housing or a lawsuit against your employer. However, seeking compensation for the effects of the workplace may be complicated. Therefore, it would be wise to enlist the help of a competent attorney. At Stop Unpaid Wages, we will help you navigate the situation to ensure that you recover the benefits you deserve. If you require legal guidance and reorientation for your gender discrimination claim in California, we invite you to contact us at 424-781-8411.