Practice Areas
Gender Discrimination, Equal Pay, Wrongful Termination
Sexist culture at work? Not being paid your worth? Not only will we help you shatter the glass ceiling, we will make them sweep up the pieces.
Our workplaces are made by men, for men, and some of these companies never quite adjusted.
They continue to be permeated by a sexist culture. Men are selected for promotion and advancement. Women are expected to fall in line. If a woman leans in, she gets pushed out. Gender discrimination can be complex, as it is often perpetuated by other women. These women have achieved a position of power and respect within a male-dominated culture (often by acting like men) and will defend this culture by suppressing other women.
Gender discrimination may manifest in the form of an HR manager who automatically takes the side of a misogynistic manager without listening to the woman. Some of the other symptoms of a sexist culture include: lack of promotions or professional advancement, having to laugh off insensitive comments, not feeling welcome to report uncomfortable situations, and/or a lack of equal pay.
We often hear about “equal pay for equal work” and it sounds so simple.
It seems like it would be common sense for women to be paid as much as men. Unfortunately, women continue to be underpaid compared to men, and particularly women of color suffer a significant wage disparity. In the State of California, if you are paid less than a man, you may be experiencing an equal pay problem. Many employers unknowingly or unintentionally pay women less. They may explain that the man asked for more money or negotiated more aggressively. Still, the woman has to be paid as much as the man.
The tougher issue with equal pay problems is that women do not know they are being paid less.
She may find out by a coworker bragging about his pay or seeing someone’s paystub on a desk. Discussing pay at work is a protected activity. There may be secrecy policies in place to try to discourage employees from discussing pay. Such a policy is a legal red flag. The assumption that we should keep our salary private prevents many women from discovering they are being underpaid.
Women in California do not even have to prove that the job was equal, only that it was “substantially similar.”
If you suspect that you may be underpaid, dare to ask. Reporting pay disparity is a protected activity which means that you may not be retaliated against for inquiring about a pay gap. Unfortunately, many employers do retaliate, especially against women of color who experience an even wider pay gap. These employers often do not encourage strong women who stand up for what’s right, and prefer malleable girls who do what they’re told. Often in these job sites there is a “bro culture” or an “old boys club.”
On Gender Identity and Inclusivity
We welcome everyone, regardless of gender identification. We use terms such as “women” as most of our AFAB clients identify as such, and we use the term “mother” as most of our birthing clients identify as such. The language used in law is generally based on the traditional binary and uses man/woman, mother/father, and we are often forced to use the same language. The law is slowly catching up.
Please know that your gender identity is a protected class. Being intentionally misgendered at work can be a form of gender discrimination. Being treated differently after a transition can also be a form of gender discrimination. This is a developing area of the law, and most firms will not appreciate the importance of these cases. We have brought these cases before and are the right firm for your case. We understand the need for society to respect a person’s gender identity and we encourage you to contact us.
Delvaux Law is intended to be a law firm inclusive of all genders and gender identities.
Men also experience discrimination at work! Specifically, men are often retaliated against when taking parental leave to bond with a new child. Men can be discriminated against for having a pregnant wife in what is called “associational disability discrimination”. When these men lose their jobs, it impacts the entire family. We have represented many of these men and brought victories to their families. Delvaux law also welcomes men to put in an intake. We have also represented men in age, race and disability discrimination cases. In our experience, it has been many women calling us for experiencing discrimination at work. This is why some of the language on this website addresses women. However, Delvaux Law is not a law firm exclusive of men.
If you find yourself battling a sexist or racist culture at work, you do not have to fight this battle alone.
Let us lead the charge for you and shatter the glass ceiling once and for all.
In need of a California gender discrimination attorney or wrongful termination attorney? We are the right California employment attorneys for you.
