California Gender Harassment Lawyers

In California, employees are protected from gender harassment under both federal and state laws. The most relevant state law is the California Fair Employment and Housing Act (FEHA), which applies to employers with 5 or more employees and provides robust protections against all forms of sexual harassment, including gender-based harassment.

Key Rights Under FEHA Against Gender Harassment

• Protection from Harassment: FEHA protects employees from harassment not only by their employers but also by co-workers and third parties like customers or vendors if the employer knows about the harassment and fails to take appropriate corrective action.
• Definition of Harassment: Gender harassment under FEHA includes any unwelcome verbal, visual, or physical conduct of a gender-related nature that is severe or pervasive enough to create a hostile work environment. This form of harassment does not necessarily have to be sexual in nature—it can include demeaning comments, slurs, or derogatory statements related to a person’s gender.
• Employer Responsibility: Employers have a legal duty to take reasonable steps to prevent and promptly correct harassing behavior. This includes implementing effective anti-harassment policies, providing training to employees, and taking complaints seriously.
• No Retaliation: Employees are also protected from retaliation if they complain about gender harassment, participate in an investigation, or testify in proceedings about harassment.

Examples of Gender Harassment

• Example 1: A male employee frequently makes derogatory comments about women being less capable and more emotional than men. This conduct could be considered gender harassment if it is severe or pervasive enough to create a hostile or intimidating work environment.
• Example 2: A transgender woman is subjected to continual misgendering by her colleagues and supervisors, despite her requests to be addressed by her chosen name and pronouns. This behavior can constitute gender harassment.
• Example 3: A female employee receives repeated, unsolicited remarks about her appearance and gender-specific comments that suggest she got her job only because of her gender. Such comments could rise to the level of harassment if they are part of a broader pattern of demeaning treatment based on her gender.
• Example 4: A manager frequently jokes about a male employee’s responsibilities as a father and makes fun of him for taking leave to attend to his parental duties, suggesting that such duties should only concern women. This could be seen as harassment based on gender stereotypes.

California’s laws ensure that the workplace is free from harassment that creates an intimidating, hostile, or offensive working environment, and provide strong protections to support these rights.

We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.