Unlawful Dismissal Due to Sex or Gender
Employers are prohibited from terminating employees based on their sex or gender. This includes discrimination based on gender stereotypes, where an employee does not conform to traditional gender expectations. For example, a female employee, Ann Hopkins, faced discrimination when she was proposed for partnership at her firm but was deferred for reconsideration despite her qualifications. She faced sex-stereotyping comments and was advised to conform to more feminine behaviors and appearances. The U.S. Supreme Court ruled in Price Waterhouse v. Hopkins (1989) that gender cannot be a factor in employment decisions, establishing that an employer must prove that they would have made the same decision regardless of gender. If you face similar discrimination, contact our experienced employment lawyers.
Unlawful Dismissal Due to Age
It is illegal to terminate an employee due to age, which applies to individuals 40 years and older, as per California Government Code § 12926(b). Employers may unlawfully dismiss older employees based on stereotypes about their abilities. For instance, Jeannie McKenzie, an admitting clerk, was terminated despite meeting performance expectations. She presented evidence of age discrimination, showing that younger employees replaced her. The Court of Appeal in Begnal v. Canfield & Associates, Inc. (2000) upheld that substantial evidence of age discrimination could lead to a successful claim. If you believe you were unlawfully terminated due to age, contact our office for legal support.
If you believe you have been wrongfully dismissed due to any of these protected characteristics, the employment law attorneys at SAW LAW GROUP are here to help. Contact us to discuss your case and protect your rights.
