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Can You Sue For Sexism In The Workplace In California?

  • Dec 9, 2022
  • 3 min read

As Experienced By Our Prescreened California Employee Rights Attorneys

California has a comprehensive list of employment protections against discrimination—including sex and gender discrimination. So, yes, you can absolutely sue for sexism in the workplace in California.

However, a workplace gender discrimination suit has several caveats and policies. This means you can't just sue someone whenever you like; you need legal basis, evidence, and a solid case to succeed.


Here's what our prescreened California Employee Rights Attorneys have to say:


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What Is Considered Discrimination In California?

Workplace discrimination is the unfair treatment of employees based on their protected characteristics. Under California labor law, employers, work superiors, and coworkers are not allowed to make unfair employment decisions or harass employees because of their protected characteristics.


Here are some examples of these protected characteristics:

For example, if your boss fired you because you're a woman, that can be considered an act of employment discrimination. Likewise, if you're constantly experiencing harassment at work because of your gender, that is also eligible for a discrimination claim in California.


If you're unsure whether your claim counts as an act of workplace discrimination, consult a prescreened Employee Rights Attorney in California.

What Does Sexism In The Workplace Look Like?


Going off California and Federal policies on discrimination, gender discrimination in the workplace involves either an employer making unfair employment decisions or coworkers harassing you for your protected attribute. You may be refused a job, a deserved promotion, fair pay, or leave on the basis of sex.

It's important to note that sexism in the workplace can be subtle. After all, no employer, supervisor, or coworker will admit to discrimination and harassment.

As such, you need to have enough evidence to support your claim. Set an appointment with a prescreened Employee Rights Attorney in California to ensure a strong labor law claim.


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What Are Three Examples Of Gender Discrimination?

As mentioned, gender discrimination in the workplace can happen in several ways. Here are a couple of examples of varying severity:

1. You Are Refused A Job Because Of Your Sex

Applicants can face discrimination even before they start working for an offending employer. Unfortunately, this case is often challenging to prove because an employer will try to argue that it wasn't your sex or gender that turned them off but a lack of experience or compatibility.

However, that doesn't mean you don't have a claim. Employee Rights Attorneys in California will often investigate your claim to find evidence to support it.


2. You Are Fired Because You Got Pregnant Or Are Planning It

Pregnancy discrimination is heavily tied to sexism in the workplace. You don't even have to have been pregnant to be discriminated against. In some cases, employees will casually declare they want to start a family, and then they're suddenly wrongfully fired.


3. There Are Sex-Related Wage Disparity In The Workplace


Employers might offer or give you very low wages compared to your counterparts. The California Equal Pay Act prohibits wage disparity based on discrimination, including sex, gender, race, etc.

Do note that you can inquire about coworkers' salaries to determine whether you're receiving discriminatory wages. Your boss cannot fire or penalize you for doing so.


Can You Sue For Sexism In California?


Yes. You have to file a complaint to EEOC or DFEH. These agencies will look into your case and decide whether they will investigate it themselves or give you a "right to sue."

Once you get your "right to sue," you should find a prescreened California Employee Rights Attorney. Then, there are two ways for your gender discrimination claim in California can succeed:

  • You go into an out-of-court settlement. Your boss will agree to compensate or reinstate you without facing judgment from the court.

  • The court will award you damages from a civil claim. In this instance, you'll have to go to court and face a jury. If you win the case, the court will compel an offending employer to pay you damages.

Consult an Employee Rights Attorney in California to ensure a successful employment suit. Your lawyer will know how to build a case backed up by sound evidence and a strong argument in your interest.


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1000Attorneys.com provides a trusted Lawyer Referral Service certified by the California State Bar. As a result, you will be matched with an experienced California Employee Rights Attorney best fit to handle your unique claim.


We only refer clients to trusted, experienced, and discipline-free attorneys in California. You can fill up the submission form or contact us through our 24/7 live chat for a FREE CASE REVIEW!

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