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Sex and Gender Discrimination

The California Fair Employment and Housing Act (FEHA) is the state law prohibiting sex and gender discrimination, while Title VII of the Civil Rights Act is the federal law counterpart. FEHA applies to employers that have at least five employees, and Title VII applies to those with at least 15 employees.

Under FEHA, it is illegal for your employer to discriminate against you due to your sex, gender, gender identity, or gender expression. Discrimination can take many forms and is not just limited to termination.  It could also be failing to hire, but typically can be failing to promote, failing to provide training or mentorship that others received, harassment, or paying less for equal work.

There are some limited exceptions to the prohibition against sex discrimination. When an employer is able to show that sex or gender is a bona fide occupational qualification under the California Code of Regulations, it may have a strong defense. You need aggressive experienced employment attorneys like Shalchi Burch LLP to assess your case free of charge.

In addition to rights provided under FEHA or Title VII, the California Equal Pay Act requires your employer to pay you the same as other employees who do substantially similar work when evaluated as a combination of responsibility, effort, and skill, if you are performing under similar working conditions. For example, if all of the male sales managers make $30/hour, and you are also a sales manager who is female, you should also make $30/hour.

Employers are not supposed to pay men and women different compensation for similar work, unless they can show that the difference in what is paid is based on a bona fide factor other than sex.


If you suspect you have been discriminated against on the basis of gender or sex, contact experienced sex discrimination attorneys at Shalchi Burch LLP now.  Our team is ready to fight for you.

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