Workplace Discrimination

– “Protected Characteristics”

       Federal laws make workplace discrimination illegal when it is based on an employee’s “protected characteristics”. California laws provide even more protections for these employee’s.

       Under California’s broad, employee friendly laws, “protected characteristics” mean: 

Race  ~  Religious  Creed  ~  Color  ~  National  Origin  ~  Ancestry

Physical  Disability  ~  Mental  Disability  ~  Medical  Condition

Marital  Status  ~  Sex  ~  Age  ~  Sexual  Orientation

       If you have any of these “protected characteristics” it means you are a member of a protected class. If you belong to in a protected class and you believe you are a victim of discrimination at work you should discover the many forms that exist. Below we have listed some common examples of workplace discrimination.

Pregnancy Discrimination

       If you are a pregnant worker in California, you may not realize that you’re protected by pregnancy discrimination laws.

       You have a right to Maternity Leave called Pregnancy Disability Leave (PDL).

       There are additional laws in place that can protect your rights including the California Family Rights Act (CFRA) and Family Medical Leave Act (FMLA).

       We can help you understand your rights.   Read more…

Disability Discrimination

       When ill or injured, it can be difficult to understand your rights at the workplace or what disability discrimination at work may look like.

       Under the Fair Employment and Housing Act (FEHA), your employer must make reasonable accommodations to your work duties or work schedule so that you can do the essential parts of your job with your physical restrictions.

Gender Discrimination

       Gender discrimination happens when an employee is treated differently because of their gender.

       It is difficult to provide for a family when you are not treated the same as the opposite sex.

       Many employers only consider candidates of a single gender for positions. Some people refer to this different or preferential treatment of the opposite sex as the “glass ceiling.”

       It makes it feel impossible to progress in your career.

Age Discrimination

       Age discrimination is illegal under FEHA, as well as the Federal Age Discrimination in Employment Act.

       In general, it can be seen as different treatment of an employee because you are over 40 years of age.

       This kind of discrimination may be shown by employee policies or actions that favor younger employees in regard to promotion, compensation, scheduling, hiring and firing.

       It can also occur together with disability discrimination and harassment.   Read more…

Race Discrimination

       The Civil Rights Act that passed in 1964 made it illegal for any employer to discriminate based on race regarding terms or conditions of employment. 

       Race discrimination often results in loss of employment or opportunities. 

       It can also have a serious impact on people due to the emotional distress that usually accompanies this horrible mistreatment.

       No one should have to suffer from race discrimination at work.   Read more…

Workplace Retaliation

       California law prohibits employer retaliation against you when you complain about discrimination or engage in protected activity under the FEHA.

       You have a right to resist or object to discrimination or harassment.

       It is unlawful “[f]or any employer … or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.”

Wrongful Termination

       While many employees are terminated for reasons that are unfair, not all unfair terminations result in wrongful termination. 

       A termination is only wrongful if it violates the law. Although you might believe your termination is wrongful, it must also be unlawful for us to help. 

       Typically, wrongful termination is a violation of the FEHA occurring when an employer terminates someone based on a protected characteristic, in retaliation for opposing discrimination; or in retaliation for engaging in a protected activity. 

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