Sex & Gender Discrimination

Sex & Gender Discrimination Lawyers

Gender harassment is a form of discrimination that involves an employer (or a coworker with the employer’s knowledge) subjecting an employee to a hostile, offensive, or intimidating work environment because of that person’s sexual orientation, gender identity, or gender expression. To be considered illegal, the conduct must be unwelcome and so harmful that it interferes with your ability to do your job. California law protects workers from harassment by supervisors, coworkers, and even customers and third parties.

At Olivier & Schreiber PC, we are dedicated to advocating for employees facing workplace injustices. With decades of experience in employment law, our lawyers handle cases of discrimination, harassment, wrongful termination, wage and hour violations, and more. We bring deep legal knowledge and a compassionate approach to each case and are committed to fighting for the rights and dignity of workers across California and the nation.

Clients We Serve

Our team at Olivier & Schreiber PC stands with employees across a wide range of situations, including when:

• An applicant or employee believes their sex or gender affected a hiring decision, job offer, promotion, training opportunity, or chance to advance.
• A worker suspects that their pay, bonus, benefits, raise, or leadership opportunity was limited because of their sex or gender.
• An employee was written up, demoted, laid off, fired, or pressured to resign because of their sex or gender, while others were treated more favorably.
• A worker has endured slurs, offensive jokes, exclusion, intimidation, or repeated mistreatment tied to their sex or gender.
• An employee or applicant whose request for a pregnancy-related or gender-related accommodation was denied, ignored, or used against them.

We recognize the unfairness of these and similar situations, and our lawyers will evaluate your circumstances to help you understand what recourse may be available to you.

Understanding Unlawful Discrimination

California law prohibits discrimination due to actual or perceived sexual orientation, gender expression, or gender identity. This prohibition means that even if your employer is mistaken about your sexual identity, you are protected based on your “perceived” orientation. Not only that, but an employer may not ask you to answer questions about your sexual identity during an interview, directly or indirectly. For example, questions about your spouse or your body can be indirect questions about your sexual identity. In fact, in California, an employer cannot even require that you declare your gender on a job application.

California law grants you the right to be addressed by the name you live under (as opposed to the name on your birth certificate) and to use your preferred pronouns, even if you have not legally changed your name or gender identity. Similarly, you are entitled to use the workplace restroom that conforms to your gender identity. An employer cannot require that you use a particular restroom. Further, if your workplace only has single-stall bathrooms, the employer must label them as gender-neutral or with similar language. 

California recognizes and protects all forms of gender identity. Whether you are gender non-conforming or gender non-binary, the law protects you, and your employer must respect all such expressions and identities. Moreover, if you choose to come out or transition while already employed, your employer may not take any adverse action against you for doing so. Both California and federal law protect your transgender and transition status. Your employer may not take adverse action against you if it becomes aware of your transgender or transitioning status. 

California law requires that employer-provided health insurance plans and Medi-Cal cover medically necessary gender-affirming care on the same basis as they cover other medically necessary healthcare. If you are denied treatment by an HMO or managed plan, you can appeal to the state. If any other kind of health plan denies you, you should consult a lawyer about your options. Similarly, your health insurance plan, if it provides coverage for dependents, must provide coverage for same-sex spouses and registered domestic partners. 

Why Let Us Handle Your Discrimination Case?

Being treated differently or poorly because of your sex or gender can leave you feeling unsure of where to turn. The lawyers at Olivier & Schreiber PC stand firmly on the side of employees, offering the guidance and advocacy you need to secure fair treatment at work. We offer:

• Compassionate, Client-Centered Support
• Skill in Equal Pay and Discrimination Claims 
• Experience in Hostile Environment and Retaliation Claims
• Appellate Strength Beyond Trial Court 
• Proven Results in Employment Law Matters

We recognize the weightiness of your case, and we are honored to stand beside you as you stand up for justice in your workplace.

Consult With a Sex & Gender Discrimination Lawyer

If you have experienced problems with gender discrimination at work and have taken steps to complain, your employer may not take any steps to punish you or retaliate against you for that complaint. Doing so is illegal under California law. However, this kind of retaliation is not uncommon. If you think you are suffering illegal discrimination or retaliation for a gender harassment or discrimination complaint, you should contact a gender discrimination lawyer at Olivier & Schreiber PC immediately. 

Gender and sexual orientation-based discrimination and harassment violate federal and state laws. You do not need to suffer in silence. 

FAQs About Sex & Gender Discrimination in California