Maybe you were told you were too “aggressive” when a colleague was praised for being assertive. Maybe you were passed over for opportunities that consistently went to employees of another gender. Maybe a supervisor made comments about how someone of your gender should look, behave, or handle a particular role.
Then you were fired.
Gender discrimination is not always announced as gender discrimination. An employer may give another explanation: performance, attitude, attendance, restructuring, or simply that someone else was a “better fit.”
Sometimes those explanations are legitimate.
But California law generally prohibits covered employers from firing or otherwise discriminating against an employee because of sex, gender, gender identity, or gender expression.
If you believe your gender played a role in your termination, here are some things to consider.
What Does Gender Discrimination Mean Under California Law?
California’s Fair Employment and Housing Act (FEHA) protects employees from discrimination based on sex and gender, as well as gender identity and gender expression. California law also protects an employee’s right to dress or appear consistently with their gender identity or gender expression, subject to lawful workplace standards.
Gender discrimination can affect more than termination. It can involve hiring, promotions, compensation, assignments, working conditions, and other terms or privileges of employment.
Being treated badly by a supervisor of another gender does not, by itself, establish gender discrimination. Nor does being fired while belonging to a protected group.
The important question is whether your sex or gender played a role in the employer’s decision.
Look at How Employees of Other Genders Were Treated
One useful place to start is comparison.
Were employees of another gender treated differently when they engaged in similar conduct?
For example:
- Were you disciplined for behavior that was tolerated from other employees?
- Were employees of another gender given better assignments or opportunities?
- Were workplace rules enforced differently against you?
- Were employees of another gender given warnings or second chances when you were not?
- Did employees performing similar work receive different pay or treatment?
The comparison does not always have to be perfect. But differences in how an employer treats employees in similar circumstances can provide important context.
Think About Comments and Gender Stereotypes
Gender discrimination does not always take the form of an explicitly hostile statement.
Sometimes it appears through assumptions about how someone of a particular gender should behave.
A supervisor might criticize a woman for being too assertive while rewarding the same behavior in a man. An employer might assume that a man should not need time away from work to care for his children. An employee may be criticized for dressing or presenting in a way that does not conform to someone else’s expectations about gender.
Comments can also be more direct.
If a supervisor or decision-maker made comments about your sex, gender, gender identity, or gender expression, write down what you remember—particularly if the comments were made around the time of discipline or termination.
Ask Why You Were Fired—and Compare That Explanation With the Evidence
Your employer may tell you that gender had nothing to do with your termination.
Maybe you were told you had performance problems. Perhaps you violated a workplace policy. Maybe the company says your position was eliminated.
Sometimes that is exactly what happened.
But look at the evidence.
If you were fired for poor performance, what do your earlier evaluations say? If you supposedly violated a policy, how did the employer respond when other employees violated the same rule? If your position was eliminated, did someone else take over substantially the same work?
Some things worth noting include:
- Explanations that change over time;
- A sudden history of discipline after previously positive performance;
- Different treatment of similarly situated employees;
- Comments reflecting gender stereotypes; or
- Emails, messages, or other records that conflict with the reason given for your termination.
No single inconsistency necessarily proves discrimination. But several inconsistencies can make the larger picture worth examining.
Preserve Relevant Records
If you believe gender discrimination contributed to your termination, preserve records you are legally entitled to keep.
These may include:
- Your termination letter or separation paperwork;
- Performance evaluations;
- Disciplinary notices or write-ups;
- Emails, texts, or workplace messages;
- Relevant workplace policies;
- Records relating to promotions, assignments, or compensation;
- Complaints you made to Human Resources or management; and
- Other communications related to your termination.
It can also help to create a timeline of important events.
Write down relevant verbal conversations while they are still fresh. Include approximately when they occurred, who was present, and what was said.
Consider Whether You Reported Discrimination Before You Were Fired
If you complained about gender discrimination or harassment before your termination, that may raise a separate issue.
California law prohibits retaliation against employees for opposing practices prohibited by FEHA or participating in certain proceedings under the law.
Consider what happened after you complained.
Did your supervisor’s attitude change? Did you suddenly receive discipline? Were responsibilities taken away? How much time passed between your complaint and your termination?
Being fired after making a complaint does not automatically establish retaliation. But the timing and sequence of events may matter.
Can an Employer Fire You if You Believe the Decision Was Sexist or Unfair?
An employer can make an unfair, mistaken, or poorly reasoned decision without necessarily violating California discrimination law.
The legal question is more specific: Did your sex or gender play a role in why you were fired?
That is why context matters.
A single negative performance review may mean one thing on its own. The same review may look different if it appeared after years of positive evaluations, followed gender-related comments from a supervisor, and applied standards that were not imposed on employees of another gender.
What Should You Do Next?
If you believe you were fired because of your gender, preserve the records available to you and write down the sequence of events leading to your termination.
California employees generally have three years from the alleged discriminatory act to initiate the CRD employment complaint process, although deadlines and procedural requirements can depend on the claim and circumstances.
You do not need to determine on your own whether you can prove gender discrimination before seeking legal advice.
An experienced Los Angeles, CA employment attorney can review how you were treated, how other employees were treated, the employer’s stated reason for your termination, and the events leading up to it to help determine whether your rights may have been violated.