Employees in California are protected from discrimination in the workplace by both federal and state laws. Employers cannot discriminate against employees because of their ethnicity, color, national origin, sex/gender, faith, pregnancy, age, or disability. Additional bases of discrimination, such as marital status, gender identity, and sexual orientation, are also prohibited under California law. Employers should not fire, demote, lay off, or refuse promotion or other job benefits to workers who belong to one of the above-mentioned protected groups.


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Find a California Employment Lawyer for Workplace Discrimination

Retaliation against anyone who has complained about discrimination made a discrimination charge, or taken part in an employment discrimination investigation or litigation is also illegal.


Discrimination Against People with Disabilities

It is unconstitutional to discriminate against an employee because of his or her physical or mental impairment, because he or she is considered to have a disability, or also because of his or her relationship with someone with a disability or a perceived disability, according to the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). Employers must make fair accommodations for eligible workers with disabilities if the accommodation does not cause the employer "undue hardship." In order to decide on a fair accommodation, all employers and workers must engage in good faith, interactive process.

To begin, a person is deemed disabled if he or she has a physical or mental impairment that significantly limits one or more life activities, such as a medical condition that limits the employee's ability to function. Individuals that are medically diagnosed with a disability or who are suspected of having a disability are also included.

The following are some of the most common impairments:

  • Observation
  • Speech
  • Sight
  • Walking
  • Learning
  • Carrying out manual labor
  • Looking after oneself

Discrimination Based on Gender and Sex

Title VII of the California Equal Employment and Housing Act (FEHA) prohibits discrimination or unequal treatment based on an employee's gender. Employers are prohibited from paying workers of one gender less than employees of the other gender under state and federal anti-discrimination laws. Sexual discrimination in the workplace is also illegal in California and the United States. Discrimination on the basis of sexual identity is also prohibited under California law.

Men and women in the same workplace must be paid equally for equal work, according to federal and California law. The jobs do not have to be similar, but they must be comparable. It is the content of employees, not their names, that decides whether they are substantially equal. Salary, overtime compensation, incentives, stock options, profit sharing and incentive programs, health insurance, vacation and holiday pay, laundry or fuel allowances, hotel rooms, reimbursement for travel costs, and benefits are all provided under this statute. Employers should not decrease the wages of either sex to equalize their pay if there is a wage disparity between men and women.

California also has special protections in place to address the clear wage disparity between men and women in the workplace. Females are often paid considerably less than males for the same job, and they are also denied a variety of other benefits and opportunities for advancement, such as salary and equity in the companies they work for. "An employer shall not pay any of its workers at wage rates less than the rates paid to employees of the opposite sex for substantially equivalent jobs, when considered as a combination of talent, commitment, and duty, and done under similar working conditions" according to California Labor Code Section 1197.5(a). Even if the job description is different, the real question is whether the female employee is doing the same tasks as the male employee who is paid more.

In addition, under California law, concerns about unequal pay based on gender are covered. See California Labor Code Section 1197.5(j) ("An employer shall not discharge, discriminate against, or retaliate against any employee for any action taken by the employee to invoke or assist in the enforcement of" California's Equal Pay Act). Employers must also keep records of their workers' salaries and pay rates, work classifications, and other terms and conditions of employment for three years under the law." Section 1197.5 of the California Labor Code (d). Our prescreened employment attorneys collect this information through the discovery process of an employment dispute.

Is it legal for my employer to discriminate against me because I am LGBTQ?

No, the California Fair Employment and Housing Act (FEHA) and Title VII of the federal Civil Rights Act (Title VII) make it illegal for an employer to fire, demote, refuse to hire, promote, harass, or otherwise discriminate against you because of your sexual orientation, gender identity, or gender expression (such as by paying a lower wage or denying benefits that other workers receive).

Are there any exceptions to the provision that all LGBTQ jobs are covered under California and federal laws?

The majority of workers in California are protected by these rules, although there are a few exceptions:

  • Employees of religious institutions such as churches and mosques
  • Employees of small businesses. The discrimination protections outlined here apply to businesses with at least 5 workers (and the harassment provisions apply to all businesses, even if you are the sole employee), while federal discrimination protections apply to businesses with at least 15 employees.

Discrimination Against Pregnant Women

In any area of job, including hiring, firing, compensation, work assignments, promotions, layoffs, training, fringe benefits such as leave and health insurance, and any other term or condition of employment, both federal and California law prohibits discrimination based on pregnancy.

If a woman is temporarily unable to work due to a medical condition related to pregnancy or childbirth, her employer or other protected agency must handle her like every other temporarily disabled employee. If the employer provides light duty, substitute duties, disability leave, or unpaid leave to other temporarily disabled workers, it may be required to do so for pregnant employees as well.

Pregnancy-related impairments (for example, gestational diabetes or preeclampsia, a disorder marked by pregnancy-induced hypertension and protein in the urine) can also be disabilities that require fair accommodation. In the absence of unreasonable hardship, an employer may be required to offer a suitable accommodation (such as leave or adjustments that allow an employee to do her job) for a disability related to pregnancy (significant difficulty or expense).

Furthermore, a new parent (including foster and adoptive parents) may be entitled to 12 weeks of unpaid leave (or paid leave if the employee has received or accrued it) to care for the new child under both Federal and California law. To be eligible for the leave, the employee must have worked for the company for at least 12 months, and the company must have a certain number of employees.

An employee must notify her employer, either verbally or in writing, that she is taking a leave of absence. In most cases, she must give her employer 30 days' notice if the need is foreseen. If she doesn't realize she'll need to take leave 30 days ahead of time, she just has to give notice as soon as possible.

An employer may not discriminate against a pregnant employee for requesting or taking pregnancy disability leave or for objecting to any policy, procedure, or behavior by her employer that she reasonably feels violates her pregnancy-related rights.


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Employees are protected from pregnancy discrimination by a variety of regulations, including:

  • Parts 12921, 12926, and 12940(a) of the California Government Code (prohibits discrimination based on gender, pregnancy, and related medical conditions)
  • Section 12945(a)(4) of the California Government Code (prohibits an employer from interfering with, restraining the exercise of, or the attempt to exercise, any rights under the Pregnancy Disability Law Leave)
  • "It shall be an unfair work practice for an employer to discharge or discriminate against any person because of any of an individual's exercise of the right to family care and medical leave," according to California Government Code Section 12945.2(l)(1).
  • 2 CCRCCR 11043 (guarantees employee's right to return to same or comparable position after Pregnancy Disability Law Leave); 2 CCRCCR 11044 (guarantees employee's right to return to same or comparable position after Pregnancy Disability Law Leave); 2 CCRCCR 11044 (guarantees employee's right to return to same or comparable
  • Pregnancy Discrimination Act, 42 USCUSC Section 2000(e) (prohibits discrimination based on pregnancy)
  • Article I, Section 8 of the California Constitution (prohibits discrimination against workers on the basis of sex, including pregnancy, without restriction, demoting an employee, reducing an employee's hours without consent, reducing an employee's salary without consent, or dismissing an employee from employment)

Discrimination may also take the form of bosses making assumptions on how the employee's output would be affected by the pregnancy or infant. "How are you going to manage with the new baby?" or withdrawing the employee from key projects are two examples.

New parents with a child with special needs are often subjected to illegal discrimination as a result of their child's medical condition. This is known as "associational prejudice," and it's also against the law in California.

The California Labor Code also offers special provisions for breastfeeding mothers who need to pump when they return to work (lactation accommodations).


Discrimination Based on Religion

It is illegal to discriminate against an employee because of his or her faith or religious beliefs, including religious dress or the need to take time off for religious services or holidays, under both California and federal law.

The law safeguards not only adherents of conventional, organized religions like Buddhism, Christianity, Hinduism, Islam, and Judaism but also those with genuine religious, ethical, or moral convictions. Religious discrimination may also occur when someone is treated differently because he or she is married to (or affiliated with) a religious person or has a link to a religious organization or community. Certain regulations may also require employers to accommodate workers' religious traditions and observances, such as religious dress and grooming.

Harassment of an individual because of his or her faith is prohibited, including making derogatory comments regarding a person's religious views or practices. While simple mockery, offhand remarks, or isolated events that aren't really serious aren't illegal, harassment is when it is so regular or extreme that it causes a hostile or offensive work atmosphere or leads to an adverse employment decision (such as the victim being fired or demoted).

What Does Religious Discrimination Entail?

While private employers are not bound by the Constitution's limitations on government, they are subject to federal and state laws prohibiting religious discrimination in the workplace.

Title VII of the Civil Rights Act of 1964 is the main law that governs the legality of religion in the workplace. Private employers are prohibited from discrimination on the basis of race, color, religion, sex, or national origin under Title VII. The Fair Employment and Housing Act in California offer similar provisions with some additional benefits.

Understanding Workplace Religious Discrimination

In the workplace, there are a few different types of religious discrimination. They can be divided into two classes. The first is when an employer discriminates against an individual because of their religious beliefs. The second occurs when an employer refuses to tolerate a worker's religious beliefs.

Employers are not allowed to recognize religion when making job decisions under the law. For example, an employer cannot refuse to hire someone or move them over for a promotion because of their religious beliefs.

Furthermore, it is illegal for an employer, boss, or coworker to threaten, intimidate, or make unwanted jokes at the expense of an employee. If an employee reports abuse, threats, or offensive jokes to a boss or HRHR department, the employer is required to investigate and correct the situation. The employer may be sued for workplace discrimination based on religion if they neglect the situation or discriminate against the employee by firing or demoting them.

It's also important to remember that this standard protects atheists, agnostics, and other non-religious people from discrimination. When considering them for a promotion, an employer might not take their lack of religion into account. During an interview or on an application, an employer should not inquire about an employee's faith. This puts them at risk of being sued.

Furthermore, an employer can not prefer workers who share their religious beliefs. The employer cannot legally discriminate against people of other religions unless the job is based on religious work.


Discrimination Based on Race and National Origin

Employers are prohibited from discriminating against employees based on their ethnicity, color, ancestry, or national origin under both California and federal law. The country in which an employee was born, or the country from which his or her ancestor originated, is referred to as national origin.

Employers are prohibited from discriminating against job applicants and workers on the basis of race, whether in recruiting, salary, promotion, benefits, or termination, under federal law, specifically the Civil Rights Act of 1964.

The law prohibits employers from making hiring decisions based on prejudices (or assumptions about the traits or abilities of members of a particular race). Employment decisions centered on a person's heritage, birthplace or community, linguistic traits, or surnames associated with a particular national origin are also prohibited. The Fair Employment and Housing Act in California provide victims with similar rights, as well as improved benefits and remedies.

Employers are not allowed to make hiring decisions based on an applicant's or employee's race under the statute. An employer, for example, cannot legally select a white candidate over a black candidate. Furthermore, an employer cannot hire workers based on their nationality. Employers are not allowed to pay workers differently depending on their race.

Despite the fact that anti-discrimination laws have been in effect since 1964, workplace discrimination nevertheless occurs. It occurs in Los Angeles as well as in the United States. It may be difficult to prove a case of racial discrimination when someone is passed over for a promotion or refused jobs because of their race or national origin. It necessitates the discovery of facts that the employer makes unfair hiring, firing, or promotion decisions.

Many that have been the victims of illegal discrimination are usually the best advocates for themselves. When you suspect your employer has handled employees unfairly because of their race, documenting examples of biased speech and decision-making strengthens your argument.

Harassment / Overt Racial Discrimination in the Workplace

Race discrimination cases come in a variety of shapes and sizes. A plaintiff may allege that they were harassed because of their race or nationality. They may also argue that their grievances were ignored by management or human resources. This is comparable to a sexual harassment claim. An employee is being targeted by a company-wide cultural problem. Employees can make racially insensitive remarks, use racial slurs, or otherwise bully or threaten a colleague because of their ethnicity. When an employee complains about this conduct, management frequently ignores the complaint or retaliates by firing or demoting the employee.

In these types of cases, the defendant usually comes up with a different reason for the dismissal. They can cite performance evaluations, claim that the employee's work was subpar, or provide another justification. The role of your employment lawyer is to prove that the employer's official justification for firing you was just a ruse.

The mere existence of jokes or slurs is insufficient to create this type of litigation. Your employment lawyer must demonstrate that the actions were repeated and widespread enough to create a hostile work atmosphere. You will also need to demonstrate that people in positions of authority within your organization choose not to listen to your concerns or grievances. However, in some cases, a single act can be so out of character that it constitutes a threat or intimidation. In that case, a single act may be enough to bring a lawsuit.

Lawsuits for Glass Ceiling

When an organization fails to employ people based on their race, these forms of litigation occur. In other words, individuals of a certain race are underrepresented in executive roles. A employment lawyer would try to prove that their client has more credentials, more experience, or a better overall work record than the person who was eventually offered the job. The trick to proving the merits of individuals who were passed over for promotion over those to whom management eventually gave the job is to prove the merits of those who were passed over for promotion.

Lawsuits of Disparate Impact

Harassment and retaliation cases are not the same as disparate impact lawsuits. The plaintiff is attempting to prove that a seemingly neutral program is disproportionately affecting members of one ethnicity.

These kinds of incidents aren't uncommon. Workplace grooming policies may often have an unfair impact on people of different races. Furthermore, they are almost always built on a status quo established by and for white men.

Employees can be required to be a certain height by their employer. Asian and Latino men may be disproportionately affected by this proposal. If an employee complains about the policy, the employer must justify the policy's necessity. In certain cases, a minimum height requirement can be needed to perform those tasks. An employment lawyer will try to show that there are other options for dealing with the case besides discrimination.

The issue of banning dreadlocks as part of a grooming uniform has recently come up in the courts. Many people believe dreadlocks are unsanitary or don't fit in with company culture. This grooming standard, on the other hand, seems to be aimed at African Americans.


Discrimination Based on Age

Employers are prohibited from discriminating against employees based on their age under the FEHA and the Age Discrimination in Employment Act (ADEA). To be eligible for these laws' protections, an employee must be 40 years old or older.

Age discrimination is illegal in the workplace in all areas, including recruiting, firing, compensation, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment. The Age Discrimination in Employment Act (ADEA) and the Fair Employment and Housing Act (FEHA) of California, as well as regulations provided by the Federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing, are among these rules (DFEH).

Inquiring about older workers' retirement plans or forcing them to retire may be considered age discrimination. A few jobs, however, have legitimate mandatory retirement ages (such as air-traffic controllers and pilots). Even if an employment policy or procedure extends to anyone, regardless of age, it could be unconstitutional if it has a negative effect on candidates or workers over the age of 40 and is not based on a fair factor other than age. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Is it legal for a company to refuse to hire me because of my age?

Except for the exceptions mentioned above, most employers cannot legally refuse to employ you because you are older. During a work interview, a potential employer is not prohibited from inquiring about your age or date of birth. It's also not against the law for them to demand that you disclose it on an application. It's also not illegal for them to inform you that you're "overqualified" for a job, even though you are. If you're eligible for the position, though, an employer can't refuse to hire you because they're worried you'll retire or leave for another job.

If you believe a potential employer has declined to recruit you because of your age, speak with an employment attorney. It's possible that you have a case.

Employees who file complaints about age discrimination are protected from retaliation.

Workers also complain to their bosses or human resources about issues such as younger employees being given preferential treatment or older employees being asked to leave. It makes no difference whether age discrimination existed or not in a retaliation case; all that matters is whether the employee legitimately believed he or she was the target of discrimination and complained about it. "An employer can not dismiss an employee because he opposed discrimination against a fellow employee, even though he was wrong and there was no discrimination," Flat v. North American Watch Corp., 3 Cal. App. 4th 467, 477 (1992).

It is also illegal to threaten anyone because of their age.

Harassment can take many forms, such as making derogatory comments about a person's age. While simple mockery, offhand remarks, or isolated events that aren't really serious aren't illegal, harassment is when it is so regular or extreme that it causes a hostile or offensive work atmosphere or leads to an adverse employment decision (such as the victim being fired or demoted). The harasser may be the victim's boss, a boss in another department, a coworker, or someone who isn't an employee of the company, as a client or customer.

Unlawful Discrimination in the Workplace

To win a workplace discrimination case, the employee must prove that the employer took adverse employment action against him or her and that the action was motivated by discrimination. The following are examples of adverse work actions:

  • Termination or dismissal without cause, or wrongful termination
  • Discharge that is constructive (where working environment became so intolerable that resignation becomes appropriate)
  • Demotion, transfer, or an undesirable work assignment are all possibilities.
  • Salary reduction
  • Inability to conduct interviews or recruit
  • Refusing to promote
  • Any other hiring decision that has a significant impact on the terms and conditions of jobs

Not all discrimination cases are as straightforward, and proving that negative job action is discriminatory can be difficult because employers seldom confess to acting with discriminatory intent. Employees must prove that an employer's decision is not just unjust or incorrect but also that the action was motivated by discriminatory prejudice. Biased comments from bosses and coworkers, as well as recruiting practices, such as when employees of one race are routinely replaced with people of another ethnicity, are common examples of prejudice. Workplace statistics may also be a strong predictor of discrimination since they demonstrate how such policies or activities affect different groups differently.

Harassment

Harassment is unwanted behavior motivated by race, color, faith, sex (including pregnancy), national origin, age (40 and up), or disability. Employers are prohibited from harassing employees "because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic details, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status," according to California Government Code section 12940(j).

When (1) enduring the offensive behavior is a condition of continued employment, or (2) the conduct is serious or persistent enough to establish a work atmosphere that a rational individual might consider threatening, hostile, or violent, harassment becomes illegal. Individuals should not be harassed in retaliation for bringing a discrimination charge, testifying, or engaging in any way in an investigation, proceeding, or litigation brought under these laws; or opposing work practices that they reasonably believe discriminate towards individuals.


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Petty slights, annoyances, and isolated events would not be considered criminal (unless they are particularly serious). To be illegal, the behavior must produce an oppressive, aggressive, or offensive work atmosphere for rational people.

Offensive jokes, slurs, epithets, or name-calling, physical attacks or threats, bullying, ridicule or mockery, insults or put-downs, offensive objects or images, and interference with job performance are all examples of offensive behavior.


What Damages Are Discrimination Victims Entitled To?

A lawsuit for employment discrimination is a civil proceeding. In a civil suit, the plaintiff receives monetary damages (also known as "damages") to compensate him or her for the defendant's injury. Discrimination can result in a number of financial losses as well as other injuries. The following are the most common damages for which you can be compensated under federal and state anti-discrimination laws.

Back Pay

Back pay applies to wages lost as a result of discrimination from the date of the discriminatory act to the date of a favorable verdict for the plaintiff. So, if a jury decides that your ex-employer dismissed you because of your gender and you missed payments. As a result, you will be entitled to back pay from the date of your termination to the date of the jury's favorable decision.

Front Pay

"Front pay," like back pay, applies to missed revenue as a result of discrimination. Front compensation, on the other hand, compensates you for potential earnings you will miss as a result of the discriminatory act. The plaintiff's potential end date for front pay is determined by how long he or she will be without pay. For instance, if you can persuade a jury that you will be unable to find another job for a year, you will be paid in advance for that period. This is usually established by demonstrating the inability to find employment and making an economist or other expert testify at trial. Your employment lawyer will talk to you about the need for an expert and the expense of hiring one. Your employment lawyer might also be able to suggest experts that he or she has worked with in the past.

Lost Future Benefits

The value of missed work benefits, such as health care coverage, dental insurance, pension or 401k plans, stock options, and profit-sharing, can also be included in your losses from workplace discrimination. It may be difficult to put a monetary value on missed benefits, and your employment lawyer will need to employ an expert witness to testify at trial.

Damages Caused by Emotional Distress

At trial, claimants in workplace discrimination lawsuits often claim emotional distress damages (also known as "pain and suffering"). To be awarded these damages, you must demonstrate to the jury that the prejudice caused you mental or emotional harm. These injuries will need to be checked by a mental health professional. Since the jury determines the sum of such damages, estimating the amount of a potential award of this aspect of damages is highly speculative. Your employment lawyer, on the other hand, may be able to give you an idea of what other plaintiffs have won in similar cases.

Punitive Damages

Punitive damages are meant to punish or render an example of a defendant who has engaged in especially egregious behavior. Punitive damages are not available in every jurisdiction, and even where they are, they are difficult to obtain. To win punitive damages at trial, you'll almost certainly have to meet a higher standard of evidence. And, like emotional distress awards, the size of such damages is completely up to the jury and difficult to predict ahead of time.

Fees for Attorneys

In your employment discrimination lawsuit, you could be awarded lawyers' fees in addition to the money you may recover for your injuries. This means the defendant will be responsible for the legal costs. This is a big win for plaintiffs in workplace discrimination litigation because it eliminates the need for attorneys' fees (most plaintiffs' attorneys work on a contingent fee basis, which means they take a portion of your award).


Find a California Workplace Discrimination Lawyer 

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