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Sex Discrimination Lawyer
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Men and women have equal rights in the workplace. At Valiant Law, we help California employees understand their rights and address violations of state and federal laws designed to prevent sex discrimination. Indeed, sex discrimination covers a wide range of illegal conduct, from sexual harassment to treating a job applicant less favorably due to their transgender status. If you have been discriminated against, it’s essential that you promptly report the misconduct and take steps to seek to remedy it.
Sex Discrimination and Sexual Harassment
Prohibitions on sex discrimination cover every aspect of the employment relationship. In other words, an employer cannot treat one sex more or less favorably during a job advertisement or interviewing or hiring new employees. Nor can they disfavor one sex or gender when it comes to making schedules, providing the necessary job training, determining pay and benefits, or setting any other condition of employment.
An employer may also be sued for sex discrimination if evidence exists that its policies have a “disparate impact.” For example, if the employer’s policy on leave unduly punishes female employees who require additional time off because of a pregnancy, that is sex discrimination even if the policy itself is written in facially neutral terms.
In addition to potentially discriminatory employment practices, employers may also be sued for sexual harassment. This is a particular form of sex-based discrimination targeting a person because of their sex, gender identity, gender expression, or sexual orientation. Under California law, sexual harassment covers “unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature” in the workplace.
Sexual harassment may include any or all of the following:
- Making sexual gestures towards an employee;
- Using sexually explicit or derogatory language, such as graphic comments about an employee’s body;
- Any kind of unwanted physical contact;
- Conditioning employment benefits on providing sexual favors; or
- Threatening retaliation against an employee who rejects a sexual advance.
It’s not enough for a California employer to simply state that it has a “zero tolerance” for sexual harassment. Businesses with at least 50 employees must also provide at least two hours of sexual harassment prevention training every other year. Anyone employed as a supervisor must receive this training within six months of taking their position.
Subject to Inappropriate Treatment in the Workplace? Call Our Firm Today.
Sex discrimination is a serious matter that can adversely affect your career and mental and physical well-being. Address and fight any misconduct engaged in by your employer or coworkers by retaining the services of a skilled attorney.