Workplace Harassment
– “Protected Characteristics”
Workplace harassment is illegal when it is based on an employee’s “protected characteristics”.
Under California’s broad, employee friendly laws, “protected characteristics” are defined as:
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 harassment at work you should discover the many forms of workplace harassment that exist. Below we have listed some common forms of harassment at work.
Sexual Harassment
If you have been forced or asked to have unwanted sex to get or keep a job you may have been a victim of sexual harassment.
You, as a victim, are entitled to lost wages, other economic losses, emotional distress damages, interest, and attorney fees.
Sometimes, if the company knew but did nothing, you may get punitive damages (damages to punish and make an example of the employer).
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.
Not sure if you have a case?
Contact us.
The consultation is free.
Our advice is 100% confidential.
Our contingency fees mean we only get paid when you do.