Solely Representing Orange County Executives and Employees
Under California and federal law, sex/gender discrimination is illegal in the workplace. The most pertinent federal law is Title VII of the Civil Rights Act of 1964 which protects workers and prohibits any type of sex or gender discrimination. In addition, as an offshoot of these laws, Congress enacted the Equal Pay Act (“EPA”) in 1963 and California recently enacted its own version of the federal EPA. The EPA and its state equivalent guarantees equal pay for equal work between males and females.
Within the umbrella of sex or gender discrimination in the workplace, there are branches which are also aggressively enforced. These are sexual harassment, pregnancy discrimination, wrongful termination, non-hiring of applicants, firing, demotions, failure to promote, and failure to compensate/benefit/train. There are also statutes that are typically impacted along with Title TII sex discrimination. These are the Pregnancy Discrimination Act, Family and Medical Leave Act, and California’s Fair Employment and Housing Act (“FEHA”).
There are many studies that estimate that only 5% of women who are victims of discrimination take any legal action to protect their rights. More than half of women who believe they were discriminated against claim that they did no report it due to fear of retaliation. There are many types of sex/gender discrimination. Some more latent, or hidden, and some more obvious and clear. If a company has policies or practices that indirectly hinder advancement by women or encourage advancement by men, those are unlawful. Under the laws, the workers’ sex, gender, gender identity, gender expression and sexual orientation are all protected.
In general, employers may not take any negative action against a worker or employee if it is motivated by sex, gender, gender identity, expression or orientation. Some of the most common negative employment actions include harassment, refusing to hire, termination, refusing to promote, demotion, compensation discrimination, and denial of conditions or privileges. The elements of gender discrimination includes the following which must be proven by a preponderance of the evidence (which means that the employee must prove that the claim is more likely to be true than not true):
(1) the defendant is the employer;
(2) the plaintiff is the employee or applicant;
(3) the employer took negative action against the employee/applicant;
(4) the employer’s negative action was significantly motivated by the employee’s gender;
(5) the employer’s negative action harmed the employee.
If the above elements occurred to you or your colleagues in the workplace, consult with some of the most experienced Orange County Sex/Gender Discrimination Lawyers at Stephen Danz and Associates. We successfully settled or litigated hundreds of cases of sex or gender discrimination. Gender Discrimination Attorney in Orange County Stephen Danz is here for each individual who contacts us for a free, no obligation consultation at 877-789-9707, will be granted ample time to discuss the case as well as fully understand the process. We value our clients and develop a strategy toward success. With the right resources, decades of experience, and the know-how, our firm is prepared to take your sex or gender discrimination case seriously, and we are ready and able to negotiate a settlement or take your case to court.
Remedies Are Based on Proper Representation and Accurate Strategy
Gender Discrimination Attorney in Orange County
Success is contingent on the attorney representation. Proper representation achieves maximum results based on the remedies obtained under Title VII and FEHA. Some of these remedies include lost wages, front pay which is pay that will compensate the employee for lost future earnings that would have been earned if he or she was not discriminated against, reinstatement to the position, attorney’s fees and court costs. In addition, if we can show that the sex or gender discrimination was willful, then your award may include double wage damages and benefit damages.
If you have been adversely affected by sex or gender discrimination or retaliation at work, contact Orange County’s premier employment discrimination lawyers who specialize in the representation of executives and employees in sex/gender discrimination cases. To discuss your case and explain what we can do for you, speak to our Orange County based employment discrimination attorneys today for a free consultation at 877-789-9707.