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
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
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.
For a free consultation about sexual harassment with
an experienced employee rights attorney, contact David Spivak:
- Email
David@FightSexualHarassment.com
- Call toll free (877) 277-2951
- Visit The Spivak Law Firm, 9454 Wilshire Blvd., Ste
303, Beverly Hills, CA 90212
- Fax (310) 499-4739
The Spivak Law Firm is a full service employee rights
law firm. David Spivak and his team are proud to represent aggrieved employees
like you in the following matters:
For further information on your rights in the work
place, please visit our other websites:
