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Passed in 1964, the Civil Rights Act makes it illegal for an employer to discriminate against an employee (or prospective employee) based on his or her sex. Employers are required to give equally-educated and experienced male and female job candidates the same chance when they apply for positions with the employer, and employers are also required by law to pay male and female employees equal pay if they are performing the same job, with the same responsibilities, in the same work environment.

Sex discrimination has become an area of heightened legal concern over the past few decades as more women enter the workforce. Additionally, gender discrimination, which is closely tired to sex discrimination has increased dramatically in the past several decades as more and more opening gay, lesbian and transgender members of our community enter the workforce.

What is the difference between sex and gender discrimination?

Sex and gender, though closely tied together, do not mean the same thing. However, discriminating against an employee based on either their sex or their gender is illegal. Sex refers to an individual’s genetic makeup – whether they are genetically male or female. Gender may match sex, or an individual may have a gender which differs from their sex. Examples of sex discrimination would be an employer who refuses to hire equally educated, experienced and competent women, while an example of gender discrimination is an employer who fires an individual who is genetically female, but gender-identifies as a man.

Both sex and gender discrimination civil rights lawsuits can be difficult to prove, which is why it is essential that if you believe that you have been discriminated against due to your gender or sex that you contact an experienced civil rights and sex discrimination attorney immediately. The local law firm of Robert David Baker, Inc. has been aggressively representing workers in the greater San Jose area for more than 30 years, and we look forward to meeting you and aggressively advocating for all of your rights under the law.

Sex and gender discrimination can occur not only with already hired employees, but with prospective employees as well. Some employers prefer not to hire women with young children, while they will hire men with your children, over the belief or concern that women will take off more time for their children than male employees will, or that women should stay home while men should work.

What are some examples of sex or gender discrimination?

Sex and gender discrimination can take many forms, and can also include harassment based on sex, gender, gender identity or gender expression. Workplace sexual harassment and retaliation for complaints about discrimination or harassment are examples of illegal, discriminatory actions. Both men and women can be, and are, victims of sex and gender discrimination. Proving sex and gender discrimination cases can be difficult, which is why you need to hire a thorough, experienced, and local law firm to represent you. The law office of Robert David Baker, Inc. will fight to get you the justice and compensation you deserve under the law.

The law office of Robert David Baker, Inc. gets justice and compensation for victims of gender and sex discrimination

The law office of Robert David Baker, Inc. is committed to ensuring that all employees are treated fairly under the law, regardless of sex or gender, gender identity or gender expression. We have spent over three decades aggressively advocating for equal rights for all workers, regardless of their sex or gender. We are ready to fight for you, and are a local firm you can trust.


Are you a San Jose or greater Bay Area employee who has faced job discrimination, workplace retaliation or job termination . .
Workers in the United States are protected by a number of state and federal laws aimed at keeping employers honest . .
Were you a hardworking San Jose or Bay Area resident who has faced discrimination at work?. .
It is illegal in the State of California for employers to discriminate against workers over the age of 40. .
Although most everyone knows that it is illegal in the State of California, and in the entire United States. .
In the past, many people considered sexual harassment in the workplace to be a given. .