If you believe you have been subjected to sex discrimination in the workplace, you may have the right to take legal action against your employer. However, proving discrimination requires gathering strong evidence. The burden is on the employee to show that their employer engaged in unlawful conduct. The California Labor Law Employment Attorneys Group is here to help individuals in Los Angeles and throughout California build a solid case and fight for justice.

Employers are required to evaluate employees solely based on their qualifications and ability to perform essential job functions. Any decision influenced by gender or sex rather than merit may be considered unlawful discrimination. While many companies comply with anti-discrimination laws, some employers continue to act on outdated beliefs and unconscious biases, leading to unfair workplace practices.

Despite legal protections, sex discrimination still occurs. However, courts require concrete proof before holding an employer accountable. Employees must gather relevant evidence to support their claims.

Our legal team at the California Labor Law Employment Attorneys Group helps employees facing workplace discrimination by answering questions such as:

• How can I prove a gender discrimination lawsuit?
• What evidence is needed for a workplace sex discrimination claim?
• How do I build a strong case for sex-based workplace discrimination?

You may have heard the terms “sex discrimination” and “gender discrimination” used interchangeably. While related, they have distinct meanings.

Sex discrimination refers to unfavorable treatment based on biological differences (e.g., being male or female). It occurs when an employer makes hiring, promotion, salary, or termination decisions based on an employee’s sex rather than their qualifications. For example, if a company refuses to hire a woman solely because they prefer a man for the role, that is sex discrimination.

Several laws exist to protect workers from sex discrimination in the workplace:

• Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination based on sex, race, color, and national origin. It applies to private employers, state and local governments, and companies with 15 or more employees.
• Executive Order 11246: This protects federal contractors from sex-based discrimination if they engage in over $10,000 of government business annually.
• Executive Order 13665: Prevents discrimination against employees based on compensation disclosures or discussions.
• California Fair Employment and Housing Act (FEHA): State law that prohibits discrimination in workplaces with five or more employees.

These laws offer crucial protections, but employees must present evidence to prove discrimination occurred.

There are two primary ways to prove workplace sex discrimination: direct evidence and circumstantial evidence.

Direct Evidence: This is the most powerful type of proof. It includes statements or actions by an employer that explicitly demonstrate discrimination. For example, if an employer says, “We need a man in this position, so we can’t promote you,” that is direct evidence of discrimination. Direct proof can come from emails, written policies, performance reviews, or verbal statements.

Circumstantial Evidence: Many employers avoid making blatant discriminatory remarks. In these cases, circumstantial evidence can help prove bias. This involves showing a pattern of behavior that suggests discrimination.

To build a case, an employee must establish a prima facie case, meaning the facts suggest discrimination likely occurred. Courts typically consider the following four factors:

1. Are you part of a protected class? (e.g., a woman facing workplace bias)
2. Were you qualified for your position? Did you meet the job’s required skills and experience?
3. Did your employer take adverse action against you? (e.g., denial of promotion, termination, reduced pay)
4. Was a less-qualified person of a different sex promoted or hired instead?

If these elements are met, courts may presume discrimination occurred unless the employer provides a valid, non-discriminatory reason for their decision.

Additional factors that strengthen a sex discrimination claim include:

• Evidence that similarly qualified employees of the opposite sex were treated more favorably.
• Derogatory or inappropriate comments about women or men in the workplace.
• A history of discrimination against employees of a specific sex.

If you have been discriminated against due to your sex, you may have the right to file a lawsuit against your employer. Our legal team at the California Labor Law Employment Attorneys Group is ready to assist you in gathering the evidence necessary to build a strong case.

Free Consultation: We offer a no-cost consultation where you can discuss your case with an experienced employment attorney. You will receive legal guidance on whether you have a strong claim and what steps to take next.

Zero-Fee Guarantee: Our firm operates on a contingency fee basis, meaning you will not pay any legal fees unless we win your case. There is no financial risk to you.

We are based in Los Angeles and represent clients across California, including San Francisco and San Diego. Contact us today to learn more about your legal rights and options.

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