DISCRMINATION
Under California law and federal law, an employee has the right to be free from unlawful discrimination in the workplace. The California Fair Employment and Housing Act (also known as the “FEHA”) is the primary law that provides employees with protection from discrimination, retaliation, and harassment in employment. The employment provisions of the FEHA’s anti-discrimination provisions apply to all employers with five or more full-time or part-time employees.
What are the protected classes under California discrimination laws?
In California, employees are protected against discrimination by both state and federal law. These laws include the Fair Employment Housing Act (FEHA), the California Family Rights Act (CFRA), and the New Parent Leave Act (NPLA).
California’s protected classes include:
- Age (over 40)
- Ancestry/national origin
- Citizenship
- Color
- Disability (physical or mental)
- Gender identity/expression
- Genetic information
- Marital status
- Medical condition
- Military or veteran status
- Pregnancy
- Race
- Religion/creed
- Sex/gender
- Sexual orientation
Have you been discriminated against in your workplace? Do you not feel safe or have you been caused a great deal of stress? WE CAN HELP! Whether your employer, supervisor, or coworker discriminates against you, our California discrimination attorney can help.
Types of Workplace Discrimination
All employees should be treated equally or rewarded based on merit and achievement, and nothing else. There are even laws put in place to protect employees from being discriminated against based on protected characteristics. Unfortunately, this is often not enough to maintain a safe working environment.
Discrimination is illegal based on the following categories:
- Age
- Pregnancy
- Race
- Religion
- Gender
- Disability
- Sexual Orientation
If you find yourself unable to perform your job duties due to the discrimination you have faced, we may be able to help you seek restitution.
What does discrimination in the workplace look like?
Knowing the common situations in which discrimination can occur can help you recognize your rights as an employee. Here are just a few of the situations you might encounter that count as discrimination:
- Hiring and firing decisions: When you’re looking for a job or you find yourself in a position where your job is on the line, you expect that your skill and performance are the main criteria to protect your employment. Unfortunately, some employers make decisions based on characteristics like race or gender. If you are passed over for a job or you are terminated based on your gender, race, age, sexual orientation, or other protected class, you have legal rights.
- Refusing to give a promotion or raise: Unfortunately, employers can make decisions regarding promotions and raises based on age or gender. For instance, if you don’t receive a promotion because you are younger than someone else, but your skills and performance warrant the promotion, this situation can be discrimination.
- Poor working conditions: Discrimination laws prevent employers from making decisions based on your medical condition or other characteristics. If your employer puts you in difficult working conditions in an effort to make it more problematic for you, they are discriminating against you for an unjustified reason.
- Sexual harassment: Sexual harassment in the workplace is a form of discrimination. Common forms of sexual harassment include inappropriate touching, making sexual comments, repeatedly asking for dates after being turned down, and other behaviors that create a hostile work environment for an employee.
Know that there are laws in place to prevent you from experiencing discrimination in the workplace. If your employer does anything without a proper warrant, you have the option to file a discrimination complaint against the responsible party.