Sex and Gender Discrimination

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Attorney Robert B. Payaslyan, Esq

What is Sex or Gender Discrimination?

Under the Fair Employment and Housing Act, employers can’t discriminate against workers due to their sex, gender, gender identity, gender expression, or sexual orientation. It is unlawful for an employer to refuse to hire, terminate, or discriminate against a worker in compensation or terms, conditions, and privileges of employment because of the worker’s above-mentioned classifications. (Pregnancy, breast feeding, and pregnancy related disabilities are also considered protected classes under this section of the law). These forms of discrimination typically look like an employer intentionally treating a worker less favorable due to their sex or gender, including by, offering lower pay, refusing to promote, refusing to hire, and terminating employment.

Legal Liability

If you have been discriminated, retaliated, or harassed based on your sex, gender, gender identity, gender expression, or sexual orientation, you may be entitled to compensation for lost wages, lost career opportunities, emotional distress, and punitive damages if your employer acted with malice, oppression or fraud. Your rights are still protected, and you may still be entitled to damages, even if your employer alleges that you were terminated for performance issues or selected in a layoff or reduction in force.

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