Legal Question in Employment Law in California

Re: please define sexual discrimination

There are two kinds of sexual discrimination. A supervisor stating that women do not have the capabilities to operate technical equipment is discrimination based on sex. Making jokes about women may make for a hostile environment at work and may also be sexual discrimination. Foul language can also create a hostile environment and/or rise to the level of sexual harassment if directed at you personally. You can not bring suit against your employer unless you first bring it to the attention of your human resources department to provide them with the opportunity to take prompt effective action to investigate and stop the discrimination. Without knowing more facts it is difficult to advise you. You must file a complaint with the DFEH or the EEOC within one year of the discrimination. Please call my office to discuss further.

Re: please define sexual discrimination

Yes, Yes and probably not. Your first two questions relate to classic examples of discriminatory attitudes based on sex. Race also enters the picture if the jokes include ethnicity. These are the comments of a true neanderthal, some wrongly believe are extinct. Foul language, however, is usually not actionable unless, put in context, it is used against women, minorities, etc, or used to intimidate women, minorities, etc.

Employers may be held liable for the discriminatory actions of supervisors, but it helps to put the employer on notice, unless it is evident such complaints are fruitless or will cause retaliation. If that is the fear, consult with an experienced employment law attorney in your area to explore your options.

Re: please define sexual discrimination

Duh. That is classic discrimination. If you are the victim of it, feel free to contact me about your rights and remedies. This has been my specialty for over 20 years.