California Gender Discrimination Lawyer
Table of Contents
- Why Employees Choose Abramson Labor Group
- What Counts as Gender Discrimination Under California Law?
- Is It Legal to Hire Only One Gender?
- Is Unequal Pay Gender Discrimination?
- Gender Identity, Gender Expression, and Pronouns at Work
- Sexual Harassment and Pregnancy Discrimination Are Covered Too
- California Law vs. Federal Law
- How Do You Prove Gender Discrimination?
- Can My Employer Retaliate If I Complain?
- What Can You Recover, and How Much Is a Case Worth?
- How Long Do I Have to File a Gender Discrimination Claim?
- What to Look For in a Gender Discrimination Lawyer
- Serving Employees Across California
- Gender Discrimination Lawyer FAQs
- How much does a gender discrimination lawyer cost?
- Can men file a gender discrimination claim?
- Is sexual orientation discrimination illegal at work?
- Does the California Equal Pay Act cover race too?
- Can I sue for gender discrimination in California?
- Do I need to file with the EEOC first?
- Does gender discrimination law apply to small employers?
- Request a Free Case Review
- California’s FEHA bans discrimination because of sex, gender, gender identity, gender expression, or sexual orientation by employers with 5 or more employees (Gov. Code 12940(a)).
- Under California law, “sex” includes pregnancy, childbirth, breastfeeding, and related medical conditions, and “gender” includes gender identity and gender expression.
- The California Equal Pay Act bars paying you less than employees of another sex for substantially similar work. Prior salary cannot justify the gap.
- Harassment rules apply to every employer, even one with a single employee, and one incident can be enough.
- Employers and coworkers must respect an employee’s chosen name and pronouns, according to the Civil Rights Department.
If you were fired, paid less, passed over, or harassed because of your sex or gender, a California gender discrimination lawyer can help you understand your rights and options. Abramson Labor Group represents employees, never employers, in gender discrimination claims under the Fair Employment and Housing Act (FEHA), the California Equal Pay Act, and federal law. Our case reviews are free and confidential, and we work on contingency.
Why Employees Choose Abramson Labor Group
- Employees only. We represent workers, never employers, so we have no conflict with your side of the case.
- Documented results. Our published case results include $1.5 million for a sexual harassment client and $500,000 for a pregnancy discrimination client. Every case is different. Past results do not guarantee a similar outcome.
- 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. from Loyola Law School.
- Help in English and Spanish, with intake also available in Armenian.
What Counts as Gender Discrimination Under California Law?
Gender discrimination, also called sex discrimination, is treating an applicant or employee worse because of sex or gender. It is illegal in California. The law 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 job terms because of your “sex, gender, gender identity, gender expression, age, sexual orientation,” or another protected trait (Government Code section 12940(a)). Sexism becomes illegal when it drives a job decision or turns into harassment. The rule applies to employers with five or more employees, according to the Civil Rights Department (CRD).
The definitions are broad. “Sex” includes pregnancy, childbirth, breastfeeding, and related medical conditions. “Gender” means sex “and includes a person’s gender identity and gender expression.” Gender expression means “a person’s gender-related appearance and behavior,” whether or not it fits stereotypes tied to the sex assigned at birth (Government Code section 12926(r)).
- Being fired or laid off while coworkers of another gender keep their jobs
- Being passed over for a promotion, raise, or transfer
- Earning less than a coworker of another sex for similar work
- Losing out on training that leads to better jobs
- Getting worse shifts, duties, or schedules than coworkers
- Being treated differently because of how you dress or present your gender
- Being called the wrong name or pronouns on purpose
The law protects any person. Discrimination against women, men, and transgender and nonbinary workers is covered. For a broader look at your rights, see our guide to workplace discrimination in California. When a manager simply plays favorites, our article on when favoritism becomes illegal discrimination explains where the line falls.
Is It Legal to Hire Only One Gender?
Generally, no. Refusing to hire someone because of sex or gender is unlawful under section 12940(a). The statute allows an exception only when the requirement is “based upon a bona fide occupational qualification” (Government Code section 12940). That exception is narrow. A job posting or hiring practice that favors one gender deserves a close look, and an employment attorney can evaluate whether the exception could apply.
Is Unequal Pay Gender Discrimination?
Yes. Wage discrimination based on sex is illegal. Under the California Equal Pay Act, an employer cannot pay you less than employees of another sex for “substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions” (Labor Code section 1197.5(a)).
| Equal Pay Act question | What Labor Code 1197.5 says |
|---|---|
| What can justify a pay gap? | Only a seniority system, a merit system, a system based on production, or “a bona fide factor other than sex, such as education, training, or experience” ((a)(1)) |
| Can my old salary explain it? | No. “Prior salary shall not justify any disparity in compensation” ((a)(4)) |
| Can I talk about pay? | Yes. An employer cannot stop you from “disclosing the employee’s own wages, discussing the wages of others” ((k)(1)) |
| How far back can I recover? | For the whole period of the violation, “but not to exceed six years” ((i)(2)) |
The Labor Commissioner says an employer that violates the law owes the lost wages, interest, and “an additional equal amount as liquidated damages.” Learn more about discussing wages with coworkers.
Gender Identity, Gender Expression, and Pronouns at Work
Gender identity and gender expression are protected under section 12940(a). The Civil Rights Department explains what that means in practice:
- “Employers and co-workers must respect an employee’s chosen name and pronouns.”
- Intentionally using the wrong pronouns or name for a gender-nonconforming employee can contribute to a hostile work environment.
- “All employees have a right to safe and appropriate restroom and locker room facilities.”
- A dress code must be enforced “in a non-discriminatory manner,” with the same standard for all employees.
- An interviewer “should not ask questions designed to detect a person’s gender identity.”
Sexual Harassment and Pregnancy Discrimination Are Covered Too
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. “A single incident of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile work environment” if it unreasonably interfered with your work or created an intimidating, hostile, or offensive working environment (Government Code section 12923(b)). Learn more about a hostile work environment and 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.
California Law vs. Federal Law
Most California workers have stronger protection under state law than under federal law.
| Protection | California | Federal (Title VII) |
|---|---|---|
| Employers covered for discrimination | 5 or more employees (CRD) | 15 or more employees (EEOC) |
| Employers covered for harassment | 1 or more employees (CRD) | 15 or more employees (EEOC) |
| Sexual orientation and gender identity | Named in Gov. Code 12940(a) | Covered as sex discrimination (EEOC) |
| Equal pay standard | “Substantially similar work” (Lab. Code 1197.5) | Federal Equal Pay Act (EEOC) |
The EEOC says “discrimination against an individual because of sexual orientation or transgender status is discrimination because of sex,” and that Title VII covers employers with “15 or more employees.”
How Do You Prove Gender Discrimination?
Most cases are built from comparisons and timing, not a single confession. Evidence that often matters includes:
- How coworkers of another gender in similar jobs were paid, promoted, or disciplined
- Comments about your gender, pregnancy, appearance, or family plans
- Changes in reviews or duties after you complained, disclosed a pregnancy, or came out
- Pay records, job postings, and promotion decisions
Keep records you are lawfully entitled to keep, and do not take confidential company files. See what to document if you are experiencing workplace misconduct, or read how to know if you have an employment law case.
Can My Employer Retaliate If I Complain?
No. Your employer cannot punish you for opposing discrimination or for helping with 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.
What Can You Recover, and How Much Is a Case Worth?
According to the Civil Rights Department, remedies for employment discrimination can include back pay, front pay, hiring or reinstatement, promotion, out-of-pocket expenses, damages for emotional distress, punitive damages, and attorney’s fees and costs. Equal pay claims add the unpaid wages, interest, and an equal amount as liquidated damages.
No official average exists. A gender discrimination lawyer looks at lost pay, the strength of the evidence, and the harm you suffered. Our article on the average wrongful termination settlement in California explains the factors that often drive value.
How Long Do I Have to File a Gender Discrimination Claim?
Deadlines depend on the type of claim. For FEHA employment claims, the Civil Rights Department says you “must submit an intake form to CRD within three years of the date you were last harmed.” An equal pay claim under Labor Code 1197.5 “may be commenced no later than three years after the last date the cause of action occurs.” Other claims can have different deadlines. An employment attorney can evaluate which deadlines apply to you, so it is worth having your situation reviewed early.
What to Look For in a Gender Discrimination Lawyer
- Employee-side only. Choose a firm that represents workers, not companies.
- California law focus. FEHA and the California Equal Pay Act often give you more than federal law.
- Related claims. Gender discrimination cases often include harassment, retaliation, or unequal pay. Your lawyer should handle all of them.
- Clear fees. Ask how fees work before you sign anything.
Serving Employees Across California
We represent workers in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers. If you are looking for a Los Angeles gender discrimination lawyer, we serve the whole county from our Burbank office.
Gender Discrimination Lawyer FAQs
How much does a gender discrimination lawyer cost?
Nothing up front. We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees. Learn more about how contingency fees work.
Can men file a gender discrimination claim?
Yes. Section 12940(a) protects “any person” from discrimination because of sex or gender (Gov. Code 12940(a)). Men, women, and transgender and nonbinary workers are all protected.
Is sexual orientation discrimination illegal at work?
Yes. Sexual orientation is a protected trait under Government Code section 12940(a). The EEOC also treats it as sex discrimination under federal law.
Does the California Equal Pay Act cover race too?
Yes. The Labor Commissioner explains that employers may not pay employees less than others of a different sex, race, or ethnicity for substantially similar work.
Can I sue for gender discrimination in California?
Yes. Under FEHA, a lawsuit generally follows a right-to-sue notice from the Civil Rights Department, and the lawsuit must be filed within one year of that notice (CRD). An early right-to-sue notice starts that clock, so consider speaking with an employment attorney first.
Do I need to file with the EEOC first?
No. A California FEHA claim goes through the CRD, not the EEOC. An employment attorney can evaluate whether a federal claim also makes sense for you.
Does gender discrimination law apply to small employers?
Partly. Discrimination rules apply to employers with 5 or more employees, but harassment is “prohibited in all workplaces, even those with fewer than five employees” (CRD).
Request a Free Case Review
If your employer treated you unfairly because of your gender, a gender discrimination lawyer at our firm can review what happened and explain your options. Request your free case evaluation, contact us, or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
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.