Walnut Creek Gender Discrimination Lawyers

Gender Discrimination Attorney in Walnut Creek

Gender discrimination occurs when an employee or job applicant is mistreated based on gender. The adverse treatment affects the terms and conditions of the worker’s job, such as salary or work hours.

Erlich Law Firm is committed to fighting gender discrimination across all workplaces. Our Walnut Creek gender discrimination lawyers are available to help workers recover just compensation for unlawful treatment at the hands of their employers.

Understanding Workplace Gender Discrimination

Around 42 percent of women employees in the United States have experienced some form of gender discrimination in the workplace, according to the Pew Research Center. This includes being viewed as incompetent or being passed over for important assignments based on their gender, among other unfair treatment.

Walnut Creek employees are protected from gender discrimination under federal and state laws. The California Fair Employment and Housing Act (FEHA) classifies gender as a protected characteristic. This means treating workers unfavorably based on their gender is unlawful. Transgender workers are also protected from gender identity and gender expression discrimination under the law.

Additionally, the FEHA also makes it illegal for employers to take adverse employment actions against workers based on stereotypes related to gender. Gender-based stereotypes can involve generalizations about male and female employees’ qualifications, productivity, and job performance.

What are Some Common Types of Gender Discrimination?

One of the most common forms of workplace gender discrimination is pay disparities between men and women. The California Civil Rights Department (CRD) found that large employers in the state continue to pay women employees less than their male counterparts. In 2020, around two-thirds of workers in the highest salary range were men, while only a third were women.

Paying workers of the opposite sex different salaries for the same work is unlawful. The California Equal Pay Act and California Fair Pay Act aim to reduce pay disparities between genders.

Tech companies are also often in the news for gender discrimination. Women employees are harassed or mistreated while enduring a toxic work environment perpetuating a so-called “bro” culture.

Gender discrimination can occur across all aspects of employment. Some examples include job interviews, promotion opportunities, training, and daily interactions between coworkers and management. Here are some other ways in which gender discrimination may take place in Walnut Creek workplaces:

• Wrongfully terminating a worker based on their gender
• Refusing to hire an employee who identifies as a particular gender
• Paying female workers less than male workers who have similar job duties and experience
• Giving certain employees lower-paying positions because of their gender
• Forcing transgender workers to quit
• Insulting employees or calling them derogatory names because of their gender
• Holding workers to different standards based on their gender
• Denying raises or promotions to workers of a specific gender
• Harassing employees who do not present themselves in a gender-normative way
• Pressuring female workers for sexual favors or making unwelcome sexual advances

Isolated comments, while unpleasant, may not meet the legal threshold for discrimination. However, severe and pervasive negative behavior may be considered gender discrimination if it creates a hostile work environment for an employee. A knowledgeable Walnut Creek gender discrimination lawyer can help you determine whether you have grounds for a claim against your employer.

Workplaces in Walnut Creek

Considering some of Walnut Creek’s key industries can provide insight into how gender discrimination may occur in workplaces around the city. Walnut Creek has a diverse mix of small businesses and large corporations, including some employers who have chosen to establish their headquarters in the city. As of 2021, Walnut Creek’s workforce consisted of around 33,100 people working in various industries. The city is known for its healthcare, retail and hospitality, professional services and technology sectors. 

Healthcare is a leading industry in Walnut Creek, which is home to major hospitals, cancer centers and other medical facilities. The city’s healthcare employers provide a wide range of medical services and include big names like John Muir Health, Kaiser Permanente, BASS Medical Group and UCSF Benioff Children’s Hospital. They employ a significant share of Walnut Creek’s workforce. Almost 25 percent of jobs in the city are in the healthcare field.

Retail and hospitality are also thriving industries in Walnut Creek. The city attracts shoppers and diners from all over the East Bay with its vibrant retail centers and dining plazas. A highlight in downtown Walnut Creek is Broadway Plaza, which is home to over 80 stores and restaurants. Some notable retailers include Macy’s, Nordstrom, Gorjana and Zara.

Shopping areas can also be found in Plaza Escuela, The Orchards, Encina Grande and retail centers throughout the city. Restaurant employers in Walnut Creek include The Cheesecake Factory, Ruth’s Chris Steak House, Andaman Kitchen, Havana and Walnut Creek Yacht Club, among many other dining options.

Walnut Creek has also experienced growth in the professional services and technology sectors. In recent years, the city has emerged as a hotspot for startups in areas like green tech and software. In 2021, there were around 7,316 workers employed in professional, scientific and technical services.

While primarily an insurance company, CSAA Insurance Group invests heavily in technology and innovation, with a significant presence in Walnut Creek. Other employers in the industry include staffing and consulting firm Robert Half, software developer Vantiq and media company Diablo Publications.

How Gender Discrimination Occurs in Different Workplaces

No two workplaces are exactly alike, and the ways workers experience gender discrimination also vary across different industries. Let’s examine some common situations that employees may encounter that can lead to gender discrimination claims in Walnut Creek.

Healthcare and Medical Services

Gender-based stereotyping in the healthcare industry can result in gender discrimination that impacts workers’ salaries, career development and opportunities for advancement. For example, female nurses may be disproportionately assigned to administrative or clerical tasks, such as scheduling appointments, documenting patient records or doing paperwork, while their male counterparts are given more hands-on clinical responsibilities.

Women account for nearly 90 percent of all nurses working in the United States. However, despite being a predominantly female profession, nursing has few women in leadership positions. Around 85 percent of CEO positions in healthcare organizations are held by men.

Female healthcare professionals may encounter barriers when seeking leadership positions within hospitals or healthcare organizations. Employers may deny them promotions for roles such as department chairs, medical directors or hospital administrators based on their gender.

Additionally, female physicians may be paid less than male physicians despite performing similar job duties and having equivalent qualifications and experience. Female medical assistants or technicians may encounter gender bias in access to training programs and professional development opportunities, limiting their career growth and earning potential.

Retail and Hospitality

In the retail and hospitality industries, workers often face gender discrimination based on expectations regarding their appearance. Both male and female employees are subject to grooming and dress code policies, such as when working at the front desk of a hotel or as a restaurant manager. However, women, in particular, often encounter unfair standards that can include pressure to wear makeup, style their hair a certain way or follow clothing guidelines that may be stricter than those imposed on their male counterparts.

Women who choose not to wear makeup or adhere to feminine dress codes may be assigned less visible or prestigious roles within the workplace, limiting their chances for career growth. In contrast, male employees are often not subjected to the same level of scrutiny or expectation regarding their appearance.

Female employees who do not conform to the employer’s expectations risk facing adverse consequences, such as getting passed over for customer-facing roles or being denied raises. Taking negative employment actions against a worker based on their gender is unlawful and constitutes gender discrimination.

Gender discrimination can occur in all aspects of employment, such as the day-to-day scheduling of shifts or a supervisor’s treatment of an employee. For example, a transgender store worker may be assigned less desirable shifts or be called derogatory names based on their gender identity. Discrimination is also unlawful during the hiring process, such as when store owners favor job applicants who conform to traditional gender norms.

The restaurant sector is also known to engage in gender discrimination in terms of wage inequality. Women, particularly those in service positions like hotel staff or restaurant servers, may be paid less than male workers who perform similar job duties.

Additionally, female workers in retail stores or restaurants may experience sexual harassment from coworkers or supervisors. This could include unwanted sexual advances, inappropriate comments, or offensive remarks, creating intolerable working conditions that may be characterized as a hostile work environment.

Professional Services and Tech

Gender discrimination can occur in the tech industry during the hiring process, with hiring managers displaying preferences for male candidates or making assumptions about women’s technical abilities based on gender stereotypes. Discriminatory hiring practices can result in qualified female candidates being overlooked for employment opportunities in areas like software engineering or data science. For example, a female software engineer may be rejected for a job in favor of a male employee even though he lacks the requisite skills and experience.

Even when women are hired, they may have to deal with a workplace culture characterized by sexism, harassment and exclusionary behavior that marginalizes female employees. Gender discrimination can make it challenging for female tech workers to collaborate effectively with coworkers in team settings or advance professionally. For instance, a female game developer may experience persistent sexist comments from male colleagues, which make the work environment so unbearable that she eventually quits her job.

Female professionals may face obstacles in climbing the corporate ladder due to employers’ discriminatory practices favoring male employees for leadership positions. A female consultant may be denied promotions despite having similar qualifications as male colleagues and consistently receiving positive performance reviews.

Transgender employees may face gender discrimination when it comes to client assignments, such as being excluded from high-profile projects or being held to different standards based on their gender. They may be overlooked for mentorship programs or professional development opportunities, limiting their ability to progress within the company. 

Gender pay gaps also persist in the professional services and tech sectors, with women often earning less than men for performing the same job duties or roles of similar responsibility. Gender-based pay disparities manifest in various forms, including differences in base salary, bonuses or benefits. For instance, a female accountant may discover that she earns significantly less than a male colleague with comparable experience and responsibilities.

Filing a Gender Discrimination Lawsuit

Employees have the right to file a gender discrimination lawsuit to recover compensation when a Walnut Creek employer engages in discriminatory conduct. Filing a lawsuit allows you to hold your employer accountable for the gender discrimination you endured and encourage them to change their practices for the benefit of future employees.

Workers also have the right to report workplace discrimination to their supervisor or human resources without fear of retaliation. If your employer fires you in retaliation for complaining about discrimination, you may have a claim for wrongful termination or retaliation.

Erlich Law Firm can help you understand your legal options. Our Walnut Creek gender discrimination lawyers are experienced in assisting workers obtain damages for back pay, front pay, benefits, emotional distress, and other costs. We will help you gather evidence, handle paperwork, and keep you updated throughout the legal process.

Documents Needed for a Gender Discrimination Claim

One of the key elements of filing a Walnut Creek gender discrimination claim is having relevant documents to strengthen your case. The more evidence you can collect to support your claim, the better your chances are of obtaining a successful outcome. Here are some types of documents that may be useful, depending on the nature of your gender discrimination case:

• Employment records: Copies of employment contracts, offer letters or agreements outlining terms and conditions of employment. Performance evaluations and disciplinary records may also be relevant.
• Pay records: Pay stubs, W-2 forms or other documents showing earnings and benefits received during employment.
• Incident documentation: Detailed notes or a journal documenting instances of gender discrimination experienced, including dates, times, locations, individuals involved and descriptions of the discriminatory conduct.
• Correspondence: Copies of emails, messages, letters or other communications related to incidents of workplace gender discrimination.
• Witness statements: Written statements from coworkers, supervisors or other witnesses who observed or have knowledge of the discriminatory conduct.
• Complaints: Copies of any correspondence with the employer or HR department regarding the reporting of gender discrimination. 

An experienced Walnut Creek employment law attorney can provide guidance on the specific documents needed to support your gender discrimination claim. The lawyer will assist you throughout the many stages of the legal process. 

Time Limit for Bringing a Gender Discrimination Claim

Under California law, Walnut Creek employees have three years from the date of the alleged unlawful conduct to obtain a right-to-sue letter from the CRD. After receiving the letter, they have one year to file a gender discrimination lawsuit against their employer. An experienced lawyer can help ensure you do not miss any critical deadlines for taking legal action.

Call for a Free Case Evaluation

All workers have the right to a workplace that is free from discrimination. If you have experienced gender discrimination on the job, our Walnut Creek gender discrimination lawyers are here to help you recover fair compensation. Contact Erlich Law Firm today to learn more.