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If you have suffered discrimination in the workplace because of your gender, you may be entitled to compensation. To find out how the law protects you from gender discrimination in the workplace, and how a Los Angeles gender discrimination lawyer can help you, call Aegis Law Firm.
If you have suffered harm because of gender discrimination in your workplace, contact the Los Angeles gender discrimination attorneys at Aegis Law Firm to fight for you. Our Los Angeles employment law lawyers offer free consultations, so call us today at (949) 379-6250 to schedule your appointment. Every person in the workplace wants to be appreciated for the skills and experience that they bring to their job. They also want their performance assessments and progression to be based on their expertise, rather than their gender.
If you believe you have been subjected to gender discrimination in the workplace, you generally have a specific time frame to file a claim, and it will depend on the agency you report it to. For example:
CRD
You typically have three years from the date of the alleged gender discrimination to file a complaint with California’s Civil Rights Department (CRD).
EEOC
You generally have 300 days from the date of the alleged gender discrimination to file a complaint with the federal Equal Employment Opportunity Commission (EEOC).
Lawsuit Statute of Limitations
If you receive a right-to-sue notice from the CRD or EEOC, there is a separate statute of limitations or deadlines. If the CRD sends the notice, you have up to one year to pursue a lawsuit, and if notice comes from the EEOC, you only have 90 days.
A Los Angeles Gender Discrimination Lawyer can provide crucial assistance and support if you believe you have been subjected to gender discrimination in the workplace. Here’s how they can help:
Extensive Experience
An experienced gender discrimination attorney will bring a deep understanding of California and federal labor laws and regulations to determine how they were violated in your case.
Legal Guidance and Advice
A lawyer can provide clear, informed advice on your rights and options. They will help you understand the laws related to gender discrimination, what constitutes unlawful behavior, and the steps you can take to protect your rights.
Investigation and Evidence Gathering
An attorney will assist you in gathering critical evidence to support your claim. This can include documents, emails, witness statements, etc.
Communication with Employers and Opposing Parties
Your attorney will handle all communication with your employer, their legal representatives, or any opposing parties involved in the dispute. This can help protect your interests and ensure that your rights are upheld.
Negotiation and Settlement
If appropriate, your lawyer can engage in negotiations to seek a fair settlement on your behalf. They will work to achieve a resolution that addresses your concerns and provides appropriate remedies.
Maximize Compensation
An experienced attorney will work to ensure you receive the maximum compensation you are entitled to under the law, which may include damages for emotional distress, lost wages, and more.
Trial Representation
If negotiations do not lead to a satisfactory resolution, your lawyer can help you file a lawsuit. They will guide you through the legal process and present your case in court.
Protection Against Retaliation
Your attorney can advise you on how to protect yourself against potential retaliation for asserting your rights in a gender discrimination claim.
This support from a skilled lawyer can significantly increase your chances of a successful outcome.
If you suspect you’re experiencing gender discrimination in the workplace, it is vitally important to take specific steps to address the situation. Here’s a guide on what to do:
It is crucial to take action if you suspect gender discrimination, as it not only protects your rights but also helps create a more inclusive and respectful workplace environment. At the same time, be sure to prioritize your safety and well-being throughout this process.
California and federal laws provide legal protections for employees who report gender discrimination in the workplace. These protections are primarily outlined in the California Fair Employment and Housing Act (FEHA) and other relevant state laws. Here are the key legal protections for California employees who report gender discrimination:
Whistleblower Protections
California Labor Code Section 1102.5 prohibits employers from retaliating against employees who report unlawful conduct, including gender discrimination. This law safeguards employees who report discrimination from adverse employment actions, such as termination or demotion.
Retaliation Prohibition
FEHA explicitly prohibits employers from retaliating against employees who engage in protected activities, which include reporting gender discrimination or participating in an investigation related to discrimination claims.
Confidentiality Protections
FEHA prohibits employers from disclosing the identity of an employee who has filed a complaint of gender discrimination, except as necessary for the investigation or as required by law.
Preservation of Evidence
Employers are prohibited from destroying or altering evidence relevant to a gender discrimination claim once they are aware that a complaint has been filed or is reasonably anticipated.
Prohibition of Interference
Employers are prohibited from interfering with an employee’s ability to report gender discrimination or participate in an investigation. This includes discouraging or obstructing employees from coming forward with their complaints.
Private Right of Action
In addition to administrative remedies, employees have the right to file a lawsuit in a court of law if they believe they have been subjected to retaliation for reporting gender discrimination.
Reinstatement and Damages
Remedies for employees who prevail in a retaliation claim may include reinstatement to their position, back pay, front pay, and other compensatory and punitive damages.
Attorneys’ Fees and Costs
If an employee prevails in a gender discrimination or retaliation claim, the court may award attorneys’ fees and costs, which helps to ensure that employees have access to legal representation.
The federal Equal Pay Act (EPA) prohibits unequal pay between men and women in the same workplace who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. California also has its Equal Pay Act, which also prohibits unequal pay for workers of the opposite sex for substantially similar work just like the federal EPA.
California workers are also protected under the Fair Employment and Housing Act, which prohibits any form of discrimination based on a person’s sex, gender identity, gender expression, or sexual orientation.
Under California’s Equal Pay Act, substantially similar work is work that is similar in skill, effort, responsibility, and performed under similar working conditions.
However, an employer can have differences in their wages if those differences are based on one or more of the following factors:
Although gender discrimination in the workplace can be obvious, it is often more subtle and it can take different forms. Some actions that may indicate a valid case of gender discrimination include:
If you are experiencing discriminatory conduct from your employer and you are not sure if you have a legal case, you should speak to an experienced gender discrimination attorney in Los Angeles as soon as possible. Any worker in California who suffers an adverse action from an employer based on their gender, gender identity, or sexual orientation, may be entitled to damages. A Los Angeles gender discrimination lawyer will be able to assess your case and speak with you about your legal options.
If you would like to speak with an experienced Los Angeles gender discrimination attorney about your case, call Aegis Law Firm today at (949) 379-6250. Your initial consultation is free, and if we represent you, you pay no fees unless we win.