Gender Discrimination in a Remote Workplace

Oakland Gender Discrimination Table of Contents

• What is Gender Discrimination?
• How Does Gender Discrimination Occur in a Remote Workplace?
• Filing a Gender Discrimination Claim
• Call for a Free Case Evaluation

Remote workplaces have become an attractive option for many workers in California. It may be tempting to believe claims that the COVID-19 pandemic has given rise to a work-from-home era in which all workers enjoy fair, equitable treatment.

While there are many benefits to remote workplaces, a downside is that employees continue to face gender discrimination. In many cases, remote work arrangements have exacerbated gender inequality and discriminatory employment practices. In 2020, the Equal Employment Opportunities Commission received 21,398 gender discrimination complaints.

If you have experienced gender discrimination while working remotely, you have the right to hold your employer accountable. Erlich Law Firm is dedicated to standing up for employees who have faced wrongdoing in the workplace, whether in a traditional office environment or a remote setting. Our Oakland employment attorneys are available to help you pursue the compensation you deserve.

What is Gender Discrimination?

Gender is a protected characteristic under California law, which means it is illegal for employers to treat employees differently based on their gender. The law also provides protections against gender-identity discrimination, including for transgender workers. Gender discrimination is unlawful across all terms and conditions of employment including hiring, pay, promotions, day-to-day treatment, training and termination.

Employers also cannot make employment decisions based on gender stereotypes. Subjecting a worker to negative employment actions based on their gender constitutes gender discrimination. Some examples include an employee being:

• Treated unequally
• Passed over for promotions
• Denied fair compensation or raises
• Forced to quit
• Harassed or requested for sexual acts
• Wrongfully fired

Isolated remarks or occasional teasing alone are not technically unlawful. However, such behavior can rise to the level of gender discrimination if it is severe and pervasive enough to create a hostile work environment for a worker.

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How Does Gender Discrimination Occur in a Remote Workplace?

The COVID-19 pandemic forced workers to shift to remote workplaces. However, many employers have been slow to adapt to the unique issues of gender equality that can arise in remote workplaces. More than 1 in 4 tech workers said they experienced more gender-based harassment while working remotely during the pandemic, according to a survey from Project Include, a nonprofit group.

Remote workplaces involve using a wide range of online tools for collaboration including messaging apps, video chats, emails and workflow software. Gender discrimination can occur via such virtual platforms. The informality associated with online communication, as well as the private nature of one-on-one interactions can fuel discriminatory behavior.

Many female employees report facing microaggressions in their remote workplaces. According to the Pew Research Center, 37 percent of women who work with mostly male coworkers said they were treated as incompetent because of their gender. Microaggressions can take various forms, such as undermining a worker’s professional status, commenting on their emotional state, ignoring their contributions, questioning their expertise or displaying a general lack of respect.

Filing a Gender Discrimination Claim

Remote workers have the same rights and protections they would be entitled to in an in-person work environment. When an employer violates the law by engaging in discriminatory conduct, the worker can file a gender discrimination lawsuit.

Gender discrimination is more likely to occur when an employer fails to set a transparent remote workplace policy. There should be rules that establish the standards for expected behavior, as well as procedures for workers to report discrimination. The employer should also state how conflicts will be handled.

If you have suffered gender discrimination at work or had your employee rights violated in other ways, an experienced Oakland employment lawyer can help you resolve the matter. Working with an attorney allows you to hold your employer accountable for the discriminatory conduct and urge them to change their practices.

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Call for a Free Case Evaluation

All employees have a right to work in an environment that is free from discrimination, even when working in a remote workplace. If you have faced gender discrimination in your job, Erlich Law Firm is here to help you obtain the compensation you deserve. Discuss your situation with an experienced Oakland employment lawyer today.