A Breakdown of Employer Obligations in Preventing Gender Discrimination

Gender discrimination at work can affect far more than a single job assignment or workplace interaction. When you're treated differently because of your gender, sex, pregnancy, gender identity, or related characteristics, you may begin questioning your career prospects, financial security, and ability to feel comfortable at work. 

Being passed over for an opportunity, paid less than a similarly situated coworker, subjected to inappropriate comments, or disciplined differently can have lasting consequences. If you've experienced this treatment, it's understandable to want clear answers about what your employer should have done and what options you have.

Employers have obligations under federal and California law concerning discrimination, harassment, retaliation, and related workplace conduct. These responsibilities can include adopting appropriate policies, responding to complaints, providing required training in certain circumstances, and taking reasonable steps to prevent unlawful conduct. 

An employment lawyer can help you assess whether your employer's actions have violated applicable protections and what remedies could be available. The attorneys at Toni Jaramilla help employees in Los Angeles evaluate workplace concerns involving gender discrimination and other employment law matters. They clients throughout California from their office in Los Angeles.

Maintaining a Workplace Free From Discrimination

One of an employer's fundamental responsibilities is complying with laws that prohibit discrimination based on protected characteristics. Federal laws, including Title VII of the Civil Rights Act, prohibit certain employment discrimination based on sex. California provides additional protections through state law, including the Fair Employment and Housing Act.

These laws can apply to decisions involving hiring, compensation, promotions, assignments, discipline, termination, benefits, and other terms or conditions of employment. An employer generally can't make an adverse employment decision because an employee belongs to a protected group.

Gender discrimination isn't always obvious. It can involve direct statements, policies that disproportionately affect a protected group in certain circumstances, or patterns of treatment that reveal different standards being applied to employees. Consult with an employment lawyer to learn more.

Establishing Policies and Training Programs

Written workplace policies can give employees and supervisors information about prohibited discrimination and harassment. Employers establish policies explaining prohibited conduct, reporting procedures, and expectations for workplace behavior.

California employers also have training obligations depending on factors such as the size of the workforce and the type of conduct covered by applicable law. Training can help supervisors and employees recognize prohibited conduct and understand how complaints should be handled.

Effective workplace policies commonly address several areas:

• Prohibited discrimination: Policies should identify conduct that isn't permitted under applicable workplace laws.

• Harassment prevention: Employees should receive information about inappropriate conduct and available reporting channels.

• Complaint procedures: Workers should know where and how they can report workplace concerns.

• Supervisor responsibilities: Managers should understand how to respond when an employee raises a discrimination or harassment concern.

• Anti-retaliation protections: Policies should communicate that retaliation for protected complaints or participation in certain investigations isn't permitted.

• Consistent workplace standards: Employers should apply workplace policies without imposing different standards based on gender or another protected characteristic.

Policies aren't merely documents to place in an employee handbook. How an employer applies those policies can matter when evaluating a workplace dispute.

Responding to Complaints and Investigating Claims

An employer's responsibilities don't necessarily end after it creates a policy. When an employee reports possible discrimination or harassment, the employer has obligations concerning the response and investigation. The appropriate response can depend on what the employee reports. Employers need to gather information, speak with relevant individuals, review records, and take appropriate action based on what the investigation reveals.

Employees who report discrimination should consider documenting their concerns and consulting an employment lawyer. Keeping copies of relevant emails, messages, performance evaluations, schedules, workplace policies, and other records helps establish what happened.

You’ll also want to record important details about verbal conversations. Note the date, location, people involved, statements made, and any action taken afterward. Keep your records factual and avoid altering communications or accessing information you're not authorized to view.

Preventing Retaliation After a Complaint

Retaliation is another major concern for employees who report gender discrimination. Employees might worry that speaking up will lead to reduced hours, undesirable assignments, disciplinary action, termination, or other negative treatment.

Federal and California laws protect employees from certain forms of retaliation when they engage in legally protected activity. Whether a particular action qualifies as unlawful retaliation depends on the circumstances. If you've reported discrimination, consider reaching out to an employment lawyer and keeping records of subsequent employment decisions. These include:

• Changes in duties: Record significant changes to your responsibilities and when they occurred.

• Schedule changes: Keep documentation of unusual changes to your hours or work schedule.

• Performance evaluations: Preserve reviews, warnings, commendations, and other performance-related records.

• Compensation changes: Keep pay statements or other documentation concerning compensation.

• Disciplinary actions: Document warnings or disciplinary measures that occur after your complaint.

• Termination information: Preserve termination notices, emails, and other communications if your employment ends.

Documenting these developments doesn't mean every negative employment action is automatically retaliation. Employers can make legitimate workplace decisions, but the timing and surrounding circumstances are relevant when assessing a claim.

Employment Lawyers Are Here for You

For employees, recognizing employer obligations can provide useful context when something at work doesn't seem right. You don't have to determine on your own whether a particular action violates employment law. Preserving relevant records and obtaining advice can help you make informed decisions about what to do next. Toni Jaramilla helps employees in California address workplace disputes involving discrimination, harassment, retaliation, and other employment law concerns. 

Their attorneys can review the circumstances surrounding your employment, discuss potential legal protections, and help you evaluate available options based on the facts of your situation. If you're concerned that your employer hasn't met its obligations concerning gender discrimination, contact Toni Jaramilla to discuss your circumstances.