The California Fair Employment and Housing (“FEHA”) prohibits discrimination on the basis of gender. A prospective plaintiff must prove that they were qualified for the position they were performing, they suffered an adverse employment action, such as a termination, demotion or denial of an available job, and the circumstances suggest a discriminatory motive. Guz v. Bechtel National, Inc.(2000) 24 Cal.4th 317.
When determining whether “adverse action” has occurred the law mandates that the unique circumstances of the affected employee, as well as the context of the particular workplace must be taken into consideration. Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal. 4th 1028, 1052.