Gender Discrimination in California: Your Rights Under State Law

Gender discrimination remains a serious issue in California workplaces, despite the state having some of the strongest protections in the nation. If you’ve been paid less than your coworkers, denied a promotion because of your gender, or treated differently based on gender stereotypes, you may have legal rights under California law.

This guide explains what gender discrimination is, how California law protects you, and what steps you can take if you’ve experienced discrimination at work.

What Is Gender Discrimination Under California Law?

Gender discrimination occurs when an employer treats an employee or job applicant unfavorably because of their sex, gender, gender identity, or gender expression. In California, the Fair Employment and Housing Act (FEHA) prohibits gender discrimination in all aspects of employment.

Protected characteristics under FEHA include:

Sex (biological sex assigned at birth)
Gender (social and cultural characteristics)
Gender identity (internal sense of being male, female, both, or neither)
Gender expression (how you present your gender through clothing, behavior, or appearance)

California law recognizes that gender discrimination can affect people of all genders, including women, men, transgender individuals, and non-binary people.

Understanding the Difference: Gender vs Sex Discrimination

While often used interchangeably, “sex” and “gender” have distinct meanings under California law:

Sex discrimination refers to unfavorable treatment based on biological sex
Gender discrimination encompasses discrimination based on gender identity, gender expression, and gender stereotypes

FEHA protects against both types of discrimination, offering comprehensive coverage for all employees regardless of how they identify or present themselves.

Types of Gender Discrimination in the Workplace

Gender discrimination can take many forms. Understanding these different types helps you recognize when your rights have been violated.

Pay Discrimination

Pay discrimination occurs when employees performing substantially similar work receive different compensation based on gender. California’s Equal Pay Act and Fair Pay Act provide some of the strongest protections in the United States.

Key features of California’s pay equity laws:

Employers must pay equal wages for substantially similar work (not just identical jobs)
Employers cannot use prior salary history to justify pay differences
Employees have the right to discuss their wages without retaliation
Pay differences are only allowed based on seniority, merit, production quantity/quality, or legitimate business factors

Hiring Discrimination

Employers cannot make hiring decisions based on gender. This includes:

Refusing to hire qualified candidates because of their gender
Asking gender-specific questions during interviews (“Are you planning to have children?”)
Requiring different qualifications for applicants of different genders
Steering candidates toward certain positions based on gender stereotypes

Promotion and Advancement Barriers

The “glass ceiling” remains real for many workers. Promotion discrimination includes:

Passing over qualified employees for advancement based on gender
Requiring higher qualifications for promotion from one gender than another
Excluding employees from leadership development based on gender
Using gender stereotypes to justify promotion decisions (“she’s not aggressive enough to lead”)

Pregnancy Discrimination

While pregnancy discrimination deserves its own detailed discussion (see pregnancy discrimination), it’s a common form of gender discrimination that includes:

Refusing to hire pregnant applicants
Terminating employees after pregnancy announcements
Denying reasonable accommodations for pregnancy-related conditions
Treating pregnant employees less favorably than other temporarily disabled workers

Gender-Based Harassment

Harassment based on gender creates a hostile work environment and includes:

Unwelcome sexual advances or requests for sexual favors
Offensive comments about gender, appearance, or body
Gender-based jokes, slurs, or derogatory remarks
Display of sexually suggestive images or materials
Physical conduct of a sexual nature

Gender Stereotyping

Discrimination based on gender stereotypes occurs when employers apply outdated assumptions about how people of different genders should behave, including:

Penalizing women for being “too assertive” or “not feminine enough”
Criticizing men for being “too soft” or “not masculine enough”
Assuming women are less committed to their careers
Expecting men to conform to traditional masculine norms

Discrimination Based on Gender Identity or Expression

California law fully protects transgender, non-binary, and gender non-conforming employees, prohibiting:

Refusing to use an employee’s correct name or pronouns
Denying access to appropriate restroom facilities
Enforcing dress codes that conflict with gender identity
Terminating or harassing employees because of gender transition
Requiring medical documentation to respect gender identity

California’s Equal Pay Laws: Leading the Nation

California has enacted some of the most progressive equal pay legislation in the country, going far beyond federal requirements.

The California Equal Pay Act

Originally passed in 1949 and significantly strengthened over the years, the California Equal Pay Act requires:

Equal pay for employees performing substantially similar work (considering skill, effort, and responsibility)
Equal pay regardless of whether jobs have the same title or description
Protection from retaliation for discussing wages or asking about pay practices

The Fair Pay Act of 2015

The Fair Pay Act strengthened California’s equal pay protections by:

Expanding “equal work” to “substantially similar work”
Prohibiting pay differences based on the location where work is performed (within the same establishment)
Allowing employees to discuss wages freely without employer interference
Shifting the burden to employers to prove pay differences are justified
Extending the statute of limitations for pay discrimination claims

Protected Wage Discussions

California law explicitly protects your right to discuss your wages with coworkers. Employers cannot:

Prohibit employees from asking about, discussing, or disclosing wages
Retaliate against employees who discuss pay
Require employees to sign non-disclosure agreements about compensation

Common Examples of Gender Discrimination

Recognizing gender discrimination isn’t always straightforward. Here are real-world scenarios that may constitute illegal discrimination:

The Pay Gap: A female software engineer discovers male colleagues with similar experience earn $20,000 more annually for substantially similar work
The Promotion Pass-Over: A qualified woman is repeatedly passed over for management positions while less-qualified men are promoted
The “Culture Fit” Rejection: An employer refuses to hire a qualified female candidate, citing she’s “not a good fit” for their “aggressive” sales team
The Pregnancy Penalty: A manager reassigns a pregnant employee’s important projects to male colleagues, assuming she’s “no longer committed”
The Dress Code Double Standard: An employer requires women to wear makeup and heels while men face no comparable grooming requirements
The Mommy Track: A working mother is excluded from challenging assignments because supervisors assume she needs to focus on family
The Caregiver Assumption: An employer denies a promotion to a woman with young children, assuming she wouldn’t want the travel requirements, without asking
The Gender Identity Denial: An employer refuses to use a transgender employee’s correct pronouns despite repeated requests
The Masculine Requirement: A male nurse is harassed by coworkers who question his masculinity for choosing a “female profession”
The Aggressive Woman Penalty: A female executive receives negative performance reviews for being “too direct” while male executives with identical management styles are praised as “strong leaders”
The Return from Maternity Leave Demotion: An employee returns from maternity leave to find her position eliminated and is offered only a lower-level role
The Non-Binary Exclusion: An employer refuses to add gender-neutral restrooms or allow a non-binary employee to use facilities matching their gender identity
The Salary History Trap: Despite California law, an employer bases a job offer on a candidate’s lower previous salary rather than market rates
The Assignment Bias: A supervisor consistently assigns administrative tasks to female employees while giving high-visibility projects to men
The Transition Termination: An employee announces their gender transition and is suddenly terminated for alleged “performance issues” despite years of positive reviews
The Intersectional Discrimination: An older woman of color faces discrimination based on the intersection of her gender, race, and age

Proving Gender Discrimination

Gender discrimination cases require evidence showing that gender was a motivating factor in an adverse employment action. Several types of evidence can support your claim:

Comparator Evidence

Comparing your treatment to similarly situated employees of different genders can demonstrate discrimination:

Pay stubs showing wage disparities for substantially similar work
Promotion histories showing patterns of favoring one gender
Performance reviews that are equally strong but result in different outcomes based on gender

Statistical Evidence

Patterns across your workplace can reveal systemic discrimination:

Company-wide pay data showing gender wage gaps
Demographic information showing gender imbalances in leadership
Promotion rates comparing success between genders

Direct Evidence

While rare, direct evidence of gender bias is compelling:

Comments revealing gender stereotypes (“women are too emotional for leadership”)
Written communications showing gender-based decision-making
Admission that gender influenced employment decisions

Circumstantial Evidence

Most discrimination cases rely on circumstantial evidence:

Timing of adverse actions (termination shortly after pregnancy announcement)
Shifting explanations for employment decisions
Deviations from standard procedures
Inconsistent application of policies based on gender

Intersectional Discrimination

Gender discrimination often intersects with other protected characteristics, creating unique forms of discrimination:

Gender + Race: Women of color may face discrimination that differs from both white women and men of color
Gender + Age: Older women may encounter combined stereotypes about gender and age
Gender + Disability: Women with disabilities may face compounded discrimination
Gender + Sexual Orientation: LGBTQ+ individuals may experience discrimination based on both gender identity and sexual orientation

California law recognizes these intersectional forms of discrimination and protects against combined bias.

How to File a Gender Discrimination Complaint in California

If you’ve experienced gender discrimination, you have options:

File with the California Civil Rights Department (CRD)

Timeline: File within three years of the discriminatory act (extended from one year in 2020)
Process: Submit a complaint online, by mail, or in person at a CRD office
Investigation: CRD will investigate your complaint and may pursue mediation or litigation
Right to Sue: After CRD processes your complaint, you receive a right-to-sue notice allowing you to file in court

File with the Equal Employment Opportunity Commission (EEOC)

You can also file with the federal EEOC, though California law often provides stronger protections:

Federal deadline is 300 days from the discriminatory act
EEOC will investigate and issue a right-to-sue letter
You can pursue federal claims under Title VII

File a Lawsuit

With a right-to-sue notice, you can file a civil lawsuit seeking:

Back pay and lost wages
Front pay for future lost earnings
Emotional distress damages
Punitive damages (in cases of malicious conduct)
Attorney’s fees and costs
Injunctive relief (requiring policy changes)

Important: Consult with an employment attorney before filing to understand your best options and protect your rights.

Damages and Remedies Available

California law provides comprehensive remedies for gender discrimination victims:

Economic Damages

Lost wages and benefits
Pay raises or promotions you should have received
Future lost earnings
Value of lost benefits (health insurance, retirement contributions)

Non-Economic Damages

Emotional distress
Pain and suffering
Loss of enjoyment of life
Damage to professional reputation

Punitive Damages

If an employer acted with malice, oppression, or fraud, courts may award punitive damages to punish the conduct and deter future discrimination.

Equitable Relief

Reinstatement to your position
Promotion to the position you should have received
Policy changes to prevent future discrimination
Training requirements for management

Attorney’s Fees

Prevailing plaintiffs in FEHA cases can recover attorney’s fees and litigation costs, making it easier to find legal representation.

Real-World Case Examples

Case 1: The Tech Pay Gap

A female senior engineer at a major Silicon Valley company discovered through wage discussions that male engineers with identical titles, experience, and performance ratings earned $30,000-$50,000 more annually. The company settled for $3.6 million and agreed to conduct annual pay equity audits.

Case 2: The Promotion Denial Pattern

An accounting firm consistently promoted male associates to partner while equally or more qualified women remained associates for years longer. Statistical analysis showed women needed 2-3 more years of experience than men for the same promotions. The firm settled for $2.2 million and implemented transparent promotion criteria.

Case 3: The Pregnancy Termination

A retail manager was terminated two weeks after announcing her pregnancy, with the employer claiming “performance issues” despite five years of positive reviews. She won $425,000 in damages after emails revealed executives discussing “the pregnancy problem.”

Case 4: The Gender Identity Harassment

A transgender warehouse worker faced constant harassment including deliberate misgendering, offensive jokes, and exclusion from team activities. After management failed to address complaints, the worker sued and received $650,000 in damages plus mandatory company-wide diversity training.

Case 5: The Glass Ceiling Lawsuit

A class-action lawsuit against a major retail chain revealed that women comprised 70% of sales associates but only 30% of store managers and 10% of regional directors. The company settled for $22 million and committed to recruiting and promoting more women into leadership.

Case 6: The Equal Pay Act Victory

A university paid female professors significantly less than male professors in the same departments with similar credentials and experience. After a faculty member filed a complaint, an investigation revealed systematic pay disparities. The university paid $1.8 million in back wages to over 150 female professors.

Frequently Asked Questions

Can my employer pay me less because I negotiated a lower starting salary?

No. Under California law, employers cannot justify pay differences based on prior salary or initial salary negotiations. Pay must be based on substantially similar work, and differences can only be explained by seniority, merit, production, or legitimate business factors.

Is it legal for my employer to have different dress codes for men and women?

Potentially, but with limits. Employers can have different dress code requirements for different genders, but these policies cannot be based on gender stereotypes and must allow employees to dress consistently with their gender identity. Requirements that impose significantly different burdens on one gender may be discriminatory.

I’m a man who experienced gender discrimination. Can I file a complaint?

Absolutely. FEHA protects all employees regardless of gender. Men who face discrimination, stereotyping, or harassment based on their gender have the same legal protections as women and non-binary individuals.

What if I’m discriminated against based on both my gender and my race?

You can file complaints based on multiple protected characteristics. California law recognizes intersectional discrimination and protects against combined bias based on gender, race, age, disability, and other characteristics.

How long do I have to file a gender discrimination complaint in California?

You have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department (CRD). This is significantly longer than the federal deadline of 300 days. However, don’t wait—file as soon as possible to preserve evidence and protect your rights.

Take Action

If you’ve experienced gender discrimination at work, you don’t have to face it alone. Document incidents, preserve evidence (emails, pay stubs, performance reviews), and consult with an employment attorney who specializes in discrimination cases.

California’s strong anti-discrimination laws exist to protect you. Whether you’ve been paid less than your coworkers, denied opportunities because of your gender, or harassed based on gender stereotypes, you have legal options.

Next steps:

Document all incidents of discrimination with dates, times, witnesses, and details
Keep copies of relevant documents (pay stubs, emails, performance reviews)
Report discrimination to your employer’s HR department (if safe to do so)
File a complaint with the California Civil Rights Department
Consult with an employment attorney about your legal options

Legal Disclaimer

This article provides general information about gender discrimination under California law and should not be considered legal advice. Employment discrimination cases involve complex legal issues that depend on specific facts and circumstances. If you believe you’ve experienced gender discrimination, consult with a qualified employment attorney who can evaluate your situation and advise you of your rights and options. Laws and regulations change frequently, so verify current legal requirements with a licensed attorney before taking action.

For more information about your workplace rights in California, visit the California Workplace Discrimination or explore other employment law topics in our knowledge base.

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