Sex Discrimination

California Sex and Gender Discrimination Laws

California law prohibits employers with five or more employees from discriminating against employees on the basis of sex, (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender, gender identity, and gender expression.  If you prove you were terminated because of your sex, (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender, gender identity, or gender expression, you can win your wrongful termination case. 

Sex Discrimination is Illegal in California

California follows two laws that prohibit sex discrimination in the workplace.  The first is the Federal Title VII of the Civil Rights Act of 1964.  The second, and more protective, is California’s Fair Employment and Housing Act, or FEHA.  The Fair Employment and Housing Act prohibits workplace discrimination based on:

·      Sex (including pregnancy, childbirth, breastfeeding or related medical conditions);

·      Gender;

·      Sexual orientation;

·      Gender identity; and

·      Gender expression.

How Do I Prove My Sex Discrimination Case?

To prove a prima facie case of wrongful termination because of sex discrimination you must show:

  • You were a member of a protected class (some class based on some personal characteristic like gender identity, or sex);

  • You were performing competently in the position you held;

  • You were terminated; and

  • Some other circumstance suggests discriminatory motive for terminating you.

The burden then shifts to your employer to show a legitimate, nondiscriminatory reason for their decision to terminate you. 

Then the burden shifts back to you to prove that the supposed nondiscriminatory reason was really just pretextual.

What Can I Recover If I Prove My Sex Discrimination Case?

If you can prove your sex discrimination case you can recover:

·      Backpay- Backpay is an amount of money to compensate you for all the wages and benefits you lost as a result of your wrongful termination in violation of public policy based on sex discrimination from the time you were terminated, to the time your case settles, or reaches verdict. 

·      Frontpay- Frontpay is an amount of money to compensate you for all the wages and benefits you will lose in the future as a result of your wrongful termination in violation of public policy based on sex discrimination from the time of verdict to some time in the future. 

·      Emotional Distress- Emotional distress is some amount of money to compensate you for all the mental pain and anguish you endured as a result of your treatment and termination. 

·      Punitive Damages- Punitive damages are an amount of money to punish the employer if they are found to have engaged in malice, fraud, or oppression.  When people hear of huge wrongful termination verdicts, it is usually because of a large punitive damage award.  Punitive damage awards are typically substantially reduced. 

·      Attorneys’ fees and costs- If you prove your wrongful termination case and a jury find sex discrimination you can recover your attorneys’ fees and costs.  Most employment attorneys take cases on a contingency fee basis meaning they only recover a percentage of whatever they recover their clients.  But, a Court must award attorneys’ fees and costs to a prevailing party in sex discrimination cases, meaning your employer would have to pay for all your lawyers’ fees and costs if you win. 

What Should I Do If I Have Been Wrongfully Terminated Because of My Sex?

If you have been wrongfully terminated in violation of public policy because your employer discriminated against you because of your sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, or gender expression, you need a top wrongful termination lawyer to represent you.  Central Coast wrongful termination lawyer John McCarthy is nationally recognized as one of the top wrongful termination attorneys in California.  Attorney McCarthy has a 10.0 rating on Avvo. He is rated by Super Lawyers.

We offer a free case evaluation.  Our case evaluation form is completely confidential.  Your submission goes straight to the attorney’s inbox.  Your submission helps us understand what is going on and helps us consider issues you may not even be aware of.  Attorney McCarthy makes it a point to review ad respond to every inquiry, the same business day.  Responses typically schedule a paid or free consultation, try to refer you to another attorney who might be able to help, or provide you resources to help you understand your rights, find an attorney, and even DIY.  We understand our case evaluation form might not be for everyone.  The State Bar of California certifies lawyer referral sources to help Californians find qualified lawyers that best match their needs.  You can check out their website, or call (866) 442-2529.    

If you have been wrongfully terminated in violation of public policy because of sex discrimination you have limited time to file claims.  You will want to act fast to give yourself the best chance at success.