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For example, if an employer creates stereotyped expectations of femininity for women in the workplace, this violates Title VII.

Further, if an employer’s practice or policy inhibits aggressiveness for women but the roles that women are placed in require such a characteristic, this creates a bind for women since they are forced to behave in a certain way and if they do not they may be terminated.

Many times, it is the employer’s practice, whether consciously or subconsciously, that subjects the victim to higher standards of evaluation than that which is applied to the opposite sex.

This means that applicants or employees that face sex or gender discrimination are entitled to obtain relief under the federal Title VII of the Civil Rights Act of 1964 (“Title VII”) and California’s Fair Employment in Housing Act (“FEHA”).

The reasonable accommodations would then allow the employees to continue working within their healthy parameters.

There are other laws similar to the PDA that offer anti-discrimination and anti-retaliation such as the Family and Medical Leave Act, and the Fair Labor Standards Act.

Contact our Sacramento office to schedule a free no obligation consultation with an attorney regarding your gender/sex discrimination claim.

Last modified 31-Jan-2018 06:40