Employers sometimes make employment decisions based on a person’s appearance or other characteristics. When this happens, they can be liable for discrimination. It is a common occurrence and many employees are victims of violations disguised as cutbacks, layoffs and other excuses.
Under California’s Fair Employment and Housing Act (FEHA), employees are protected against harassment and discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age [if 40 or over], sexual orientation, or military and veteran status.
FEHA offers protection against discrimination in: hiring, terminating, selecting for training programs, employment opportunities, compensation, conditions, or privileges of employment. Cal Gov. Code 12940. Moreover, an employer must “take all reasonable steps necessary to prevent discrimination from occurring.” Cal Gov Code 12940(k).
California law also prohibits retaliation against any person for making a complaint for discrimination or harassment based on the categories above, for assisting another in making such a complaint, or for opposing any action in the workplace that would constitute a violation of FEHA and requires employers to take “all reasonable steps necessary” to prevent discrimination and harassment.
We fight for employees who have been discriminated against in the workplace. Our attorneys will explain the process with you and answer any questions you may have. Please call (424) 888-0848 or us the form below to discuss you case.
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There are many kinds of discrimination that employees can face. The following are the most common:
If you are a pregnant employee, you have the right to take reasonable leave without fear of retaliation and the right to apply for a job without an employer refusing to hire you because you’re pregnant.
Employers often engage in pregnancy discrimination once they become aware an employee is pregnant. Employees may notice changes to their pay, employment status and/or privileges or other adverse employment decisions.
Employees 40 and over are protected from age discrimination at work.
Your age should not be a factor at work. Unfortunately, terminating an employee (or not hiring an employee) on account of their age is becoming more and more frequent. Age discrimination can come in many forms. Older workers may be left out of meetings, be the subject of jokes or harassment, receive unfairly poor performance reviews, not receive adequate training and ultimately may be fired or laid off.
Comments from upper management that the “company needs a fresh start,” “needs to recruit young, aggressive employees,” or “needs young blood” can be signs of age discrimination. These comments should raise an alarm, especially for older employees. You should take note of these comments, who said them and when the incident occurred. This will help you during a discrimination lawsuit.
Under state and federal laws, it is illegal to discriminate against an employee due to any physical or mental disability, or even if the employee is perceived to have a disability.
Our attorneys have extensive experience in this area of the law and have the resources and legal expertise necessary to obtain maximum compensation if you have been discriminated against based on a disability.
