Gender Discrimination FAQ

Gender discrimination under California law occurs when an employer treats an employee or job applicant unfavorably because of their sex, gender identity, or gender expression. The California Fair Employment and Housing Act (FEHA) provides broader protections than federal law, prohibiting discrimination in all aspects of employment including hiring, firing, promotion, compensation, job assignments, training, and benefits.

Protected characteristics include biological sex, gender identity, gender expression, and pregnancy-related conditions. Unlike federal law which applies to employers with 15 or more employees, FEHA applies to employers with five or more employees, providing protection to more California workers. Gender discrimination can be direct or subtle, and may include denying opportunities, paying unequal wages, creating hostile work environments, or retaliating against employees who report discrimination.

Yes, California provides extensive protections against pregnancy discrimination through multiple statutes. The Fair Employment and Housing Act prohibits discrimination based on pregnancy, childbirth, breastfeeding, and related medical conditions. The California Pregnancy Disability Leave law requires employers with five or more employees to provide up to four months of unpaid leave for pregnancy-related disabilities.

Additionally, the California Family Rights Act provides job-protected leave for bonding with a new child. Employers must provide reasonable accommodations for pregnancy-related conditions, which may include modified duties, alternative assignments, pregnancy disability leave, or leave without pay. California law also protects the right to breastfeed and express breast milk in the workplace, requiring employers to provide reasonable break time and a private location for nursing mothers. Pregnant employees cannot be forced to take leave if they are willing and able to work, and discrimination based on pregnancy is treated as seriously as any other form of sex discrimination.

The California Equal Pay Act, codified in Labor Code Section 1197.5, is one of the strongest equal pay laws in the nation. It requires employers to pay employees of different sexes, races, or ethnicities the same wage for substantially similar work when viewed as a composite of skill, effort, and responsibility, performed under similar working conditions.

The law prohibits pay differentials unless based on seniority, merit, quantity or quality of production, or a bona fide factor other than sex, race, or ethnicity. Importantly, employers cannot justify pay differences by pointing to prior salary, and employees have the right to discuss their wages with coworkers without retaliation. The law applies to all California employers regardless of size, and violations can result in the employee recovering the difference in wages, interest, and potentially liquidated damages equal to the amount owed. Employers also cannot discharge or discriminate against employees who invoke or assist in any manner in the enforcement of the Equal Pay Act.

No, under California law, it is illegal for employers to ask about pregnancy plans, marital status, or family planning intentions during job interviews or at any point in the employment process. Such questions are considered evidence of potential gender discrimination under FEHA. The California Department of Fair Employment and Housing explicitly prohibits pre-employment inquiries about pregnancy, medical conditions related to pregnancy or childbirth, or child care arrangements.

These types of questions are presumed to be discriminatory because they are rarely asked of male candidates and can be used to screen out women of childbearing age. If an employer asks such questions and subsequently fails to hire or promote you, this can serve as evidence of discriminatory intent. Employers should focus solely on your qualifications, skills, and ability to perform the essential functions of the job. If you encounter such questions, you can decline to answer and may have grounds for a discrimination complaint if you are not hired or experience other adverse employment actions.

Gender-based harassment under California law includes unwelcome conduct based on sex, gender identity, or gender expression that creates a hostile, intimidating, or offensive work environment or results in tangible employment actions. This can include sexual advances, requests for sexual favors, sexually explicit comments or jokes, unwanted touching, displaying sexually suggestive materials, making derogatory comments about someone's gender, or treating someone differently because they don't conform to gender stereotypes.

The harassment can be quid pro quo (where employment benefits are conditioned on sexual favors) or hostile work environment (where the conduct is severe or pervasive enough to alter working conditions). California law recognizes that harassment can occur between any genders, and even conduct that is not overtly sexual can constitute gender harassment if it targets someone because of their sex or gender. A single severe incident or a pattern of persistent conduct can create liability. Employers have a duty to prevent, investigate, and remediate harassment, and can be held liable even for harassment by non-supervisory employees or third parties if they knew or should have known about the harassment and failed to take immediate corrective action.

California provides comprehensive protections for gender identity and expression under FEHA, which explicitly prohibits discrimination based on gender identity and gender expression. Gender identity is defined as a person's identification as male, female, a gender different from the person's sex at birth, or transgender. Gender expression relates to a person's gender-related appearance and behavior, whether or not stereotypically associated with their assigned sex at birth.

Employers cannot discriminate in hiring, firing, compensation, terms and conditions of employment, or any other aspect of employment based on an individual's gender identity or expression. This includes allowing employees to dress consistently with their gender identity, use facilities consistent with their gender identity, and be addressed by their preferred name and pronouns. Employers with five or more employees must provide reasonable accommodations unless doing so would create an undue hardship. California also prohibits harassment and retaliation based on gender identity and expression, and employers must take proactive steps to prevent such discrimination, including through training and anti-discrimination policies.

California provides multiple remedies for victims of gender discrimination. Under FEHA, successful plaintiffs may recover economic damages including lost wages, lost benefits, and future earning capacity. They can also obtain non-economic damages for emotional distress, humiliation, and damage to reputation. In cases involving malice, oppression, or fraud, punitive damages may be awarded to punish the employer and deter future discrimination.

Courts can also order injunctive relief requiring the employer to reinstate the employee, promote them, change policies, or take other corrective actions. Attorney's fees and costs are available to prevailing plaintiffs, making it easier to find legal representation. Additionally, under the Equal Pay Act, employees can recover the wage differential plus interest and potentially an equal amount as liquidated damages. Claims must generally be filed with the Civil Rights Department (formerly DFEH) within three years of the discriminatory act, and complainants receive a right-to-sue notice allowing them to file a civil lawsuit. Some claims may also be pursued through Labor Commissioner proceedings or as whistleblower retaliation claims under Labor Code Section 1102.5.

No, California law strictly prohibits retaliation against employees who oppose gender discrimination or participate in investigations or proceedings related to discrimination. FEHA's anti-retaliation provisions protect employees who complain about discrimination, file charges, testify, assist, or participate in investigations, proceedings, or lawsuits under fair employment laws. Protected activity includes internal complaints to supervisors or human resources, filing complaints with the Civil Rights Department, participating as a witness in someone else's case, or filing a lawsuit.

Retaliation can take many forms including termination, demotion, reduction in pay or hours, negative performance evaluations, hostile treatment, or any adverse action that would dissuade a reasonable person from complaining about discrimination. Importantly, you are protected even if your underlying discrimination complaint turns out to be unsubstantiated, as long as it was made in good faith. Retaliation claims are often easier to prove than the underlying discrimination claim because you only need to show that your protected activity was a motivating factor in the adverse action. If you experience retaliation, you may have an independent claim with its own remedies including reinstatement, back pay, emotional distress damages, and punitive damages.

Yes, California has specific time limits for filing gender discrimination claims, and missing these deadlines can permanently bar your claim. For claims under the Fair Employment and Housing Act, you must file a complaint with the California Civil Rights Department within three years from the date of the discriminatory act. This is significantly longer than the federal deadline of 300 days for EEOC complaints.

Once you file with the Civil Rights Department, they will investigate and eventually issue a right-to-sue notice, after which you have one year to file a lawsuit in court. For Equal Pay Act claims under Labor Code Section 1197.5, you can file directly in court without first going to an administrative agency, and the statute of limitations is generally two years from the violation, or three years for willful violations. Some discrimination claims may also be pursued as wrongful termination in violation of public policy, which typically has a two-year statute of limitations. Because these deadlines can be complex and missing them can be fatal to your case, it is crucial to consult with an employment attorney as soon as possible after experiencing discrimination to preserve your rights.

If you witness gender discrimination against a coworker in California, you have both the right and potentially the duty to take action. First, document what you observed, including dates, times, specific statements or actions, people involved, and any witnesses. If you feel comfortable, offer support to the affected coworker and inform them of their rights under California law. You should report the discrimination to your employer through appropriate channels such as human resources, a supervisor, or a designated compliance officer.

Your employer has an obligation to investigate and address discrimination once they become aware of it. California law protects you from retaliation for reporting discrimination or participating in workplace investigations, even if the discrimination was directed at someone else. If your employer fails to take appropriate action, you or your coworker can file a complaint with the California Civil Rights Department. In some cases, you may also be called as a witness in an investigation or lawsuit, and your testimony could be crucial to establishing the discrimination. While you generally cannot file a discrimination lawsuit based solely on witnessing discrimination against others (unless you also suffered harm), your willingness to come forward can help create a more equitable workplace and support colleagues who may be reluctant to report discrimination on their own.