Discrimination
California Gender and Sex Discrimination Lawyers
Paid less than a male peer for the same work? Passed over for a promotion that went to a less qualified man? Penalised after maternity leave?
These are FEHA and Equal Pay Act claims, and the review is free.
What Sex Discrimination Covers Under FEHA
Government Code section 12940(a), with “sex” defined at 12926(r), covers pregnancy, childbirth, breastfeeding, and gender identity and expression. For identity-based claims see LGBTQ discrimination.
The fact patterns: promotion ceilings, “she will leave when she has kids” assumptions, client-facing roles reserved for men, harsher standards for women in leadership, and caregiver penalties that hit any parent.
Claims are not limited to women. Any sex can bring one. Sexual harassment has its own home at sexual harassment.
Paid Less for the Same Work? Your Equal Pay Rights
Under Labor Code section 1197.5 you are entitled to equal pay for substantially similar work, judged as a composite of skill, effort and responsibility. Titles do not have to match.
2026 update: SB 642 amended the Equal Pay Act effective January 1, 2026. The filing window is now three years, up from two, and a plaintiff may seek relief for the full period a violation existed, with recovery reaching up to six years.
California’s pay transparency stack backs this up. Salary-history questions are banned under Labor Code 432.3, pay scales must be disclosed on request and in postings under SB 1162, and pay-secrecy policies are illegal under Labor Code 232. Employers still break these weekly.
Proving Gender and Sex Discrimination
- The comparator’s pay, title and duties, and how you learned them. That conversation is legally protected under Labor Code 232.
- Promotion records: postings, interview panels, who advanced.
- Performance reviews carrying gendered language, such as “abrasive,” “not a team player,” or “too ambitious.”
- Assignment patterns that route revenue accounts to men and support work to women.
Employer Defenses, and Our Counters
The Equal Pay Act affirmative defenses are seniority, merit, a production-based system, or a bona fide factor other than sex. The factor must be applied reasonably and must explain the entire gap, and prior salary alone can no longer justify it.
“He Negotiated Harder”
Circular reasoning that courts increasingly reject.
“Different Departments”
The substantially-similar-work analysis crosses labels.
What Is a Gender Discrimination Case Worth?
Claims under California’s Fair Employment and Housing Act (FEHA), the state’s main workplace discrimination law, carry uncapped emotional distress damages plus fees under Government Code 12965. Equal Pay Act recoveries add liquidated damages equal to the wage gap, plus interest, under Labor Code 1197.5(h).
Deadlines Run on Two Clocks
The FEHA route: three years to file with the Civil Rights Department, the state agency that handles discrimination complaints, then one year from the right to sue letter.
The Equal Pay route: three years, with no agency exhaustion required.
What to Do Right Now
- Write down the pay-gap facts: names, numbers, duties, dates.
- Ask in writing for the pay scale for your position. SB 1162 makes it your right.
- Save reviews and promotion communications.
- Keep your salary conversations going. They are legally protected.
Frequently Asked Questions
Is It Legal to Pay Me Less Than a Man With the Same Job?
Only if a statutory defense fully explains the gap under Labor Code 1197.5.
Can I Be Fired for Discussing My Salary?
No. Labor Code 232 protects those conversations.
Do I Have to Be a Woman to Bring a Sex Discrimination Claim?
No. Any sex, plus caregiver and gender-identity claims.
My title differs from my comparator’s. Does that kill the claim?
No. The standard is substantially similar work, viewed as a composite.
How Far Back Can Equal Pay Damages Reach?
The filing window is three years, with recovery reaching up to six years for a continuing violation.
Employment Law Resources
- California Civil Rights Department, sex and gender discrimination: calcivilrights.ca.gov
- California Labor Commissioner, the California Equal Pay Act: dir.ca.gov
- Labor Code 432.3 and SB 1162, pay scale disclosure and the salary-history ban: leginfo
- SB 642 (2025), Equal Pay Act limitations and recovery expansion effective 1/1/2026: leginfo
Tell Us What Happened
One business day for a response. You pay nothing unless we win.