Both Federal and California state law prohibit employment discrimination because of an individuals sex, which has been defined to include both sex (i.e. biological differences between men and women) and gender (i.e. a person’s gender-related appearance and behavior regardless of their assigned sex at birth). Thus, adverse employment actions, such as being demoted or terminated, based on gender, gender identity, or gender expression are expressly prohibited.
In order to be establish sex or gender discrimination, a Los Angeles employee must show: (1) he or she is a member of a protected group, (2) he or she was subjected to an adverse employment decision, (3) he or she was qualified for the position, and (4) he or she was replaced by a person outside the protected class or that a similarly situated employee was treated more favorably.
In addition, and unlike federal law, California’s Fair Employment and Housing Act (“FEHA”) expressly prohibits discrimination based on “sexual orientation.” This is one of the vital protections afforded to California employees and makes it unlawful for a Los Angeles employer to discriminate or harass an employee because of their sexual preference of orientation (e.g. homosexuality or transsexuality).
If you have been subject to unlawful discrimination or harassment in the workplace because of your sex, gender, or sexual orientation, we can help. In order to evaluate your individual situation and determine the appropriate legal remedies, contact our office for a free consultation.