Unfortunately, sex and gender discrimination is still very present. To bridge the sex and gender inequality gap, Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act make it illegal for employers to discriminate based on an individual’s sex and gender. 

 

These same laws prohibit the employer from assuming what sex and gender the employee might identify with. This also includes discrimination for an individual’s gender expressions and mannerisms.

 

How is Sex and Gender Discrimination seen? 

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• Sexual Harassment: Discrimination can be present when the workplace is dominated by language, actions, material that is meant to degrade or ask sexual favors from a specific gender. 

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• Wage Discrimination: This happens when an employer pays two employees who are doing the same job differently on the basis of sex or gender. 

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• Paperwork: For individual that have transitioned, many of them have gone through the steps to change their identification documents. Discrimination can be seen the creation of a hostile environment as a result of the paperwork transition.

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• Pregnancy Discrimination: Discrimination can also be seen with employment actions that are taken against women that are pregnant like terminating them or demoting them. It can also be seen with both gender parents who request time off for their newborn. 

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• Breastfeeding: Under California’s Lactation Accommodation law, breastfeeding individuals are entitled to breaks for their breastfeeding needs. If an employee is being denied of these breaks or there is a failure to provide a private location for these needs then the individual might be dealing with discrimination.

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• Language: Discrimination can also be seen when employers and coworkers refuse to address an individual by their preferred pronouns or name and create a hostile environment. 

 

If you believe that you are being discriminated against at the workplace, contact the attorneys of Lepera + Associates, PC. They can help you bring a claim against the discriminating party and help you stand up for your rights.