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What’s the Difference Between Gender Discrimination and Sexual Harassment?


— February 21, 2022

Sexual harassment is a much more specific form of misconduct, while gender-based discrimination encompasses many other forms of misconduct including sexual harassment.


When you hear the phrases “gender discrimination” and “sexual harassment,” you might assume that they are one and the same. However, this is not true. There are notable differences between these two legal terms, and they may lead to very different kinds of lawsuits for employers in Irvine. So what exactly is the difference? If you’ve suffered gender discrimination or sexual harassment at your workplace in California, can you sue?

The answer to the second question is a resounding “yes.” However, this is not an easy process. In order to file either a gender discrimination lawsuit or a sexual harassment lawsuit against your employer, you’ll need to get in touch with a qualified, experienced attorney. These legal professionals can assess your unique situation and determine whether you should file a sexual harassment lawsuit or a gender discrimination lawsuit. Once you’ve chosen the right option, your lawyer can guide your forward in the most efficient way possible. 

Gender Discrimination vs. Sexual Harassment

In simple terms, sexual harassment is a type of gender discrimination. So if you’re saying that sexual harassment and gender discrimination are the same thing, you’re technically correct – although this is misleading and slightly inaccurate. According to the Civil Rights Act, all gender-based discrimination is illegal. In order to help sexual harassment victims, sexual harassment was classified as a form of gender-based discrimination. This allows sexual harassment victims to file lawsuits under the Civil Rights Act.

Two women on sofa; image by Ben White, via Unsplash.com.
Two women on sofa; image by Ben White, via Unsplash.com.

In other words, sexual harassment is a much more specific form of misconduct, while gender-based discrimination encompasses many other forms of misconduct including sexual harassment. Sexual harassment refers to misconduct of a sexual nature, while gender discrimination might include:

  • Not promoting women
  • Not hiring women
  • Firing women for being pregnant
  • Paying men and women unequally

An Example of Gender Discrimination in Irvine

To show you what a gender discrimination lawsuit actually looks like, let’s examine a recent, local example. In November of 2021, an Irvine-based company called Rivian Automotive Inc. was sued for gender discrimination. This lawsuit was filed on behalf of a female employee who was excluded from meetings because she was a woman. She also made remarks about production targets and prices that were completely ignored. She claims these remarks were ignored because she is a woman. Note that nothing sexual happened in this scenario, which is why a gender discrimination lawsuit was filed (and not a sexual harassment lawsuit). 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching for a qualified, experienced sexual harassment attorney, there’s no shortage of legal professionals who are willing to assist you. With their help, you can strive for the best possible outcome and pursue a considerable settlement for your damages. It’s important to remember that both sexual harassment and gender discrimination are illegal in California. Regardless of which type of lawsuit you choose to file, you are fully entitled to justice. Book your consultation today. 

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