Types of Discrimination
California Employment Discrimination Lawyer
An original law prohibiting workplace discrimination is Title VII of the Civil Rights Act of 1964. This piece of legislation made it illegal to discriminate against an employee based on the person’s race or color, national origin, sex, or religion. Other federal laws, including the Americans with Disabilities Act (ADA), have served to augment the Title VII protections against discrimination by contributing additional categories of protected classes against which discrimination is illegal. Discrimination consists of using certain personal characteristics in making decisions regarding hiring and firing, payment, promotion or transfer, training, fringe benefits, and other terms and conditions of employment.
In addition to the federal anti-discrimination laws, California also has its own statute, the Fair Employment and Housing Act (FEHA). This law prohibits harassment and discrimination based on the following factors, including others:
Any employer with five or more employees is prohibited by the FEHA from using the fact that an employee is pregnant to discriminate in terms of pay, work conditions, privileges, or other aspects of employment. Furthermore, you are entitled to take up to four months of disability leave on the basis of your pregnancy, among other rights.
Your employer cannot legally discriminate against you or harass you based on any type of actual or perceived disability. This includes not only physical disabilities but also mental impairment, as well as certain conditions, including HIV / AIDS, cancer, and genetic characteristics. The FEHA provisions concerning disability are broader than what is available under the federal ADA, meaning that you have greater protection against disability discrimination in California than you might in other states.
The legal protection against age discrimination is offered only to those who are age 40 years and older and who believe that they have been denied a position, passed over for a promotion, denied benefits, or discriminated against in any other way on the basis of their age. Without this safeguard, older employees might have a harder time finding a position or advancing in their careers.
Sexual Orientation Discrimination
If you have reason to believe that you have been discriminated against in the workplace on the basis of your sexual orientation, you may have grounds to file a lawsuit with the goal of recovering monetary damages. An employer cannot legally deny a position, promotion, pay raise, or benefits to an employee based on the fact that the employee is of a certain sexual orientation.
The FEHA prohibits discrimination against an employee on the basis of religious affiliation. It also requires that the employer make reasonable accommodation for the employee’s religious beliefs, such as by allowing the employee to wear religious dress or to observe certain grooming practices.
Racial discrimination has historically been a major problem in the United States, and efforts to combat it were responsible in large part for the 1964 Civil Rights Act and other laws. Unfortunately, race discrimination continues to be an issue in the California and elsewhere, but you have a right to take legal action when you have been targeted by this type of unfair treatment.
In addition to the types of discrimination listed above, the FEHA also prohibits the denial of medical and family care leave or pregnancy leave, as well as retaliation for protesting illegal discrimination in a whistleblower claim.
Monetary Damages for Workplace Discrimination in the San Fernando Valley
Under the terms of the FEHA, an employee who has been discriminated against can sue the employer who has violated his or her rights. The lawsuit can result in an injunction ordering the employer to cease and desist from engaging in the discriminatory practice, to hire or reinstate the employee, and to pay monetary damages for lost wages and emotional distress.
If your employer has discriminated against you or mistreated at work you in the form of harassment, wrongful termination, improperly paid or withheld wages, or retaliation, contact the employment lawyers at Chaleff Rehwald for immediate expert assistance. A lawyer from our team will discuss your options during a comprehensive and free case evaluation. Swift action will be taken on your behalf.