Gender Expression & Identity

Throughout much of the 19th century, women could not hold office, serve on juries, or bring suit in their own names, and married women traditionally were denied the legal capacity to hold or convey property or to serve as legal guardians of their own children. Women were even denied the right to vote until adoption of the Nineteenth Amendment half a century later. Various advances in the law have eliminated these impediments to the equality of men and women. Under the Fifth Amendment to the United States Constitution, no person shall "...be deprived of life, liberty, or property, without due process of law..." The Fourteenth Amendment states that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person with its jurisdiction the equal protection of the laws. Title VII of the Civil Rights Act of 1964 state that all personnel actions affecting employees or applicants for employment shall be made free from any discrimination based on sex. Under the federal laws cited above and the California Fair Employment and Housing Act, an employer may not discriminate in the terms and conditions of employment because of gender. All employees must be treated equally regardless of their sex.

Contact The Spivak Law Firm Today

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
Ready to Get Started?