Many LGBTQ individuals face daily gender and race discrimination in their workplace. California law has made it illegal for people of any gender or race to be discriminated against. The Supreme Court has recently ruled that the Civil Rights Act of 1964 extends to LGBTQ members and all genders.
California law protects all employees from gender and race discrimination. Employees that are discriminated against based on their gender or race may file a lawsuit against their employer.
Can an employee be discriminated against based on their gender?
On June 15, 2020, the Supreme Court had ruled that no employee may be discriminated against based on their gender identity. This includes being denied job positions based on one’s gender. Under California’s Fair Employment and Housing Act, an employer may not refuse to hire an applicant based on their gender, nor is the employer allowed to discriminate the employee’s gender. This act also protects pregnant women when needing to handle their pregnancy. Employers are not allowed to force employees to stick with a certain pronoun, nor are they allowed to discriminate against one’s preferred pronoun.
Can an employee sue if male co-workers are being paid more for the same job?
In many instances, an employee would be able to sue if they believe they are being paid less than their male counterparts. The California Equal Pay Act protects both gender and race discrimination in regard to wages. This act is meant to lower the differences in pay between men and women. In some cases, however, an employer may pay less to certain employees if the employer can base that:
- The pay difference is based off a merit system or
- Some employees have Seniority over others or
- An earnings system that is based around quality and/or quantity of sales or production.
Employers with these systems would have the ability to pay certain employees less than others, but most companies follow a salary system or the hourly system. If an employer is accused of violating this act, they must prove that sex or gender does not play a role in the wage difference.
How can an employee be sure that they’re being discriminated against?
Although there are some obvious forms of discrimination, oftentimes it’s hard to see. Coworkers don’t typically discuss how much they get paid, so it’s difficult to see exactly when an employee is being paid less. Some examples of harder to see discrimination are:
- Excluding specific sex from meetings
- Having men and women perform separate tasks
- Allowing sexual harassment to happen in the workplace
- One sex is regularly promoted while the other is not.
What can an employee sue for when being discriminated against?
When filing a claim for employment discrimination, the case will be reviewed by a lawyer who would be better to assist the client in how much they would be receiving. The payment would be dependent on the circumstances of the discrimination, and for how long it had taken place. Some forms of payment could include:
- Higher income from promotion
- Back pay
- Emotional distress
- Bonus payments
Employees may also sue for attorney’s fees as well as court fees. In some instances, an employee may be reinstated at their job if they had been fired.
Contact Pride Legal
If you or a loved one has been discriminated against in the workplace, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.