Which State Laws In California Would Cover Sex And Gender Discrimination?
Civil rights laws in California are split up into employment-related and non-employment related. When it comes to employment related civil rights protections, we refer to the Fair Employment and Housing Act. Outside of the employment context, in reference to day-to-day activities, there are another set of laws provided by the Unruh Civil Rights Act. The Unruh Civil Rights Act establishes that all people in the state of California are free, equal, and entitled to fair accommodations in any business establishment. Therefore, this act protects victims of discrimination from businesses based on their sex or gender.
If a business wanted to exclude women, for example, the Unruh Civil Rights Act would prohibit that. This law has also developed over time to include a wider range of civil rights protections including protections against sexual battery and sexual harassment. For example, newly added sections of the Unruh Civil Rights Act now cover gender-based harassment. This includes criminal acts such as sexual assault and rape. On the federal level, Title IX protects victims of sexual assault who attend educational institutions that fail to adequately protect against sexual assault on school campuses.
A state corollary to Title IX is Education Code Section 200, which also protects against acts of hate violence, and bias-related incidents. Any public school receiving funding from the state is subject to Education Code Section 200 and thereby must ensure equal benefits on campus and protect against incidents of sexual harassment or sexual battery. Thus, there are a variety of laws in California that cover sex and gender discrimination, whether it occurred at work, school, or during day-to-day business encounters.
What Are Some Examples Of Unlawful Sex Or Gender Discrimination In California?
There are a wide range of examples of sex or gender discrimination in California. If a college student is sexually assaulted by another student, this type of assault could be considered sex or gender discrimination. There are also examples of sex or gender discrimination occurring in the workplace, many of which are what we might be described as quid pro quo sexual harassment. With quid pro quo sexual harassment, a boss or superior offers a subordinate employee advancement at work in exchange for sexual favors. Overall, the most common instances of sex or gender discrimination occur at the workplace or in schools.
Why Is Someone Being Raped On Campus By Someone Else An Example Of Discrimination Based On Sex?
With instances of campus rape, the victim not only has a case against the rapist but also potentially has a case against the school. Under Title IX, all students are entitled to the same education regardless of sex, and there shall be no discrimination based on sex. Therefore, if someone is raped on campus, it will likely significantly impose on their educational experience.
Since experiencing rape is a majorly disruptive event that usually occurs based on sex, and because it will impact the victim’s ability to have an equal education, Title IX now requires schools to follow minimum standards to prevent assault. If a school is deliberately indifferent to the risk that someone is going to be subject to rape on campus, or if the school fails to take the appropriate remedial action after someone is raped on their campus, there can be liability under Federal and State anti-discrimination laws.
Due to the distinction between criminal and civil cases, an experienced attorney could potentially represent a victim of sexual assault or rape in a civil case even if there were no criminal charges filed or if the criminal case didn’t result in a conviction. In these instances, we may still be able to bring a civil claim against an individual perpetrator, educational institution, or business.
For more information on Sex And Gender Discrimination Laws In CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 257-8999 today.
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