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Gender and Pregnancy Discrimination 
The
laws against sexual harassment grew from the desire to eliminate gender
discrimination. Throughout much of the 19th century, women could not
hold office, serve on juries, or bring a lawsuit in their own names.
Married women traditionally were denied the right to hold property or to
serve as legal guardians of their own children. Women were denied even
the right to vote until adoption of the Nineteenth Amendment half a
century later. Various advances in the law have eliminated these
impediments to the equality of men and women. The Fifth Amendment United
States Constitution, no person shall “...be deprived of life, liberty,
or property, without due process of law...”
 The Fourteenth Amendment
states that no state shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States; nor shall
any State deprive any person of life, liberty, or property, without due
process of law; nor deny to any person with its jurisdiction the equal
protection of the laws. Under federal law, all personnel actions
affecting employees or applicants for employment must be free from any
discrimination based on sex. Under California and federal law, an
employer may not discriminate in the terms and conditions of employment
because of gender. All employees must be treated equally regardless of
their sex. For further information on discrimination in the workplace,
please visit
www.fightdiscrimination.net.
Oftentimes, victims of sexual harassment have claims of gender
discrimination that can be filed together in the same lawsuit. For
example, a woman who is denied a promotion because she refused to have
sex with her boss can bring a claim for gender discrimination and sexual
harassment.
 Pregnancy
Discrimination and Maternity Leave.
One
form of sexual discrimination is pregnancy discrimination. An employee
may not be discriminated against because of a pregnancy, child birth or
related condition. Additionally, employers may not punish employees for
taking pregnancy, maternity or paternity leave. Furthermore, employers
are generally required to provide reasonable accommodations to a
pregnant employee. For further information on pregnancy discrimination,
please visit
www.pregnancyrights.com.
Sex Orientation (Preference) Discrimination
Sexual orientation discrimination, also known as
sexual preference discrimination, is also illegal. Gay men and lesbians
face widespread discrimination on the basis of their sexual identity as
do persons of trans-gender identity. California’s antidiscrimination
laws require employers to take all necessary measures to eliminate such
discrimination. |
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