If you were fired, paid less, passed over, or harassed because of your sex or gender, a California gender discrimination lawyer can help you hold your employer accountable. Abramson Labor Group represents employees across California in gender discrimination claims under the Fair Employment and Housing Act (FEHA) and federal law.
California makes it unlawful for an employer to refuse to hire you, fire you, keep you out of a training program, or treat you differently in pay or in the terms of your job because of your sex, gender, gender identity, gender expression, or sexual orientation (Government Code section 12940(a)). This rule applies to employers with five or more employees, according to the Civil Rights Department (CRD). The CRD also treats pregnancy, childbirth, breastfeeding, and related medical conditions as part of sex and gender.
The law protects any person, including men, women, and transgender and nonbinary workers. For a broader look at your rights, see our guide to workplace discrimination in California.
Yes. Under the California Equal Pay Act, an employer cannot pay you less than employees of another sex for substantially similar work, judged by skill, effort, and responsibility under similar working conditions (Labor Code section 1197.5(a)). The employer must prove the gap comes from seniority, merit, production, or another real factor that is not sex. Your prior salary cannot justify a pay gap.
Your employer also cannot stop you from sharing your own pay, discussing coworkers’ pay, or asking what others earn. Learn more about discussing wages with coworkers.
Harassment because of sex or gender is illegal under section 12940(j)(1). This applies to all employers, even those with one employee, according to the CRD. In California, a single incident can be enough to show a hostile work environment if it interfered with your work or made the workplace intimidating, hostile, or offensive (Government Code section 12923(b)). Learn more about our sexual harassment cases.
Pregnancy is part of sex discrimination. An employer cannot refuse to let an employee disabled by pregnancy, childbirth, or a related condition take leave for a reasonable period of up to four months and then return to work (Government Code section 12945(a)). See our pregnancy discrimination page for details.
Most California workers have stronger protection under state law than under federal law.
| California (FEHA) | Federal (Title VII) | |
|---|---|---|
| Employers covered for discrimination | 5 or more employees | 15 or more employees |
| Employers covered for harassment | 1 or more employees | 15 or more employees |
| Deadline to file | 3 years with the CRD | 300 days with the EEOC in California |
| Sexual orientation and gender identity | Covered | Covered |
Federal sources: the EEOC (Title VII applies to employers with 15 or more employees and covers sexual orientation and transgender status) and the EEOC charge deadline. You do not have to file with the EEOC to bring a California claim.
Deadlines are strict. You generally have three years from the discriminatory act to file a complaint with the CRD (Government Code section 12960(e)(5)). After the CRD issues a right-to-sue notice, you generally have one year to file a lawsuit (section 12965(c)(1)(D)).
Your employer also cannot punish you for complaining about discrimination or for helping a coworker’s case (section 12940(h)). If that happens, it may be retaliation, and if you lost your job, it may also be wrongful termination.
We represent workers in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers.
Yes. California law bans discrimination because of the sex or gender of any person. Men, women, and transgender and nonbinary workers are all protected.
Yes. Gender identity and gender expression are protected under Government Code section 12940(a). Federal law also treats discrimination because of transgender status as sex discrimination, according to the EEOC.
No. For a California claim, you file a complaint with the CRD and get a right-to-sue notice before you file a lawsuit. A lawyer can help you decide whether to file with the CRD, the EEOC, or both.
If you were treated unfairly because of your gender, we can review what happened and explain your options. Request your free case evaluation or call us at (213) 493-6300.
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.
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