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GENDER DISCRIMINATION

Discriminating against an employee in the terms or conditions of employment on the basis of that person’s gender is against the law. This includes, discrimination in pay, title, hours, vacations, and most everything else, including whether or not a person is hired, terminated, or promoted. Further, making employment decisions based on gender stereotypes such as ideas about gender roles is also illegal.

Additionally, pursuant to the California Equal Pay Act, employers may not discriminate in wages on the basis of gender. Meaning, when male and female employees perform jobs with substantially equal skill, effort, and responsibility, in similar working conditions, they must receive equal pay; unless, the employer can show that payment decisions are based on a reasonable factor other than sex, such as merit, seniority, or quantity based. Violations of the Equal Pay Act must be corrected by increasing the wages of the lower paid sex. Not by decreasing the wages of the higher paid sex.

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