Discrimination

Workplace discrimination can be a confusing concept. So it's best to begin any discussion with a definition. Workplace discrimination is when an employer treats one of their workers less favorably than another worker (or workers) based on a specific trait or characteristic like national origin, race, age, gender, or disability. Once the issue is defined, the next step is learning to identify instances of workplace discrimination. Workplace Discrimination: Common Warning Signs Harmful jokes regarding a worker's gender, race, sexual orientation, national orientation, religion, disability, etc. Persistent bullying or "hazing" Physical harassment Disparate treatment amongst the workforce Workplace Discrimination is Illegal Under Federal and State Law: While workplace discrimination is illegal under federal and state law, it can be difficult to prove - particularly when it occurs during the hiring process. Many employers violate the law during the hiring process when they pass up job applicants for discriminatory reasons. If you believe a potential employer passed…Read More

Discrimination in the workplace on the basis of race, gender, religion, or sexuality is a labor law violation. If you experienced discrimination in the workplace, you might want to discuss filing a workplace discrimination lawsuit with an employment law attorney. Workplace Discrimination Lawsuits: On the Rise & Becoming More Common Did you know the number of workplace discrimination lawsuits in the United States is rising? And many expect the growth to continue. For years, a significant workforce pool didn't grasp what constituted workplace discrimination. Extreme cases served as examples, but more subtle forms of discrimination were mostly overlooked. In today's workplace, many companies implement training programs that include information about avoiding workplace discrimination and recognizing workplace discrimination, so employees are more likely to identify problems that violate labor law. And as the general workforce becomes more aware, more instances of workplace discrimination are not only recognized but resolved through appropriate legal action. If you need…Read More

There has been a relatively stable gender pay gap in the United States over the past 15 years. In 2020, Pew Research Center analysis of median hourly earnings of both full and part-time workers showed that women earned 84% of what men earned. Given this number, a woman would need to work an additional 42 days per year to earn the same pay as a man in a similar job. One of the many reasons employers use to defend alleged gender pay discrimination is salary history, however, this doesn’t account for the gender pay gap. What is the Gender Pay Gap? The gender pay gap refers to what women are paid in comparison to men. As the nation has held onto a fairly steady gender pay gap for the last 15 years (as stated above), when an employer bases compensation decisions on salary history, women are at a disadvantage. What is the Equal Pay Act?…Read More

Even though California is an employment-at-will state, California law prohibits employers from firing an employee for discrimination based on age, race, sexual orientation, disability, relation, national origin, or sex. Employers are also prohibited from retaliating against an employee for certain actions, such as the employee participating in lawful conduct occurring during nonworking hours and away from the employer’s premises. The Labor Commissioner of the California Department of Industrial Relations enforces the California laws that specifically prohibit discrimination and retaliation against employees and job applicants. Complaints against an employer must be filed within one year of the allegedly illegal act unless the law state otherwise. Currently, deadlines to file complaints have temporarily been suspended due to the coronavirus pandemic. Wrongful termination laws protect California workers when they are dismissed from their employment for unlawful reasons. Workplace retaliation laws protect workers who do not suffer a loss of employment but other adverse employment consequences because of the illegal retaliatory actions…Read More

Discrimination is a very real and very serious problem for people who have been identified in a protected class under state and federal laws. California happens to have one of the most expansive sets of protected classes, which include unlawful discrimination based on race, nationality, age, disability, sex, sexual identification, military service, and status as a domestic violence victim (to name a few). When you experience discrimination from your employer, you often know what it feels like and what it looks like. Unfortunately, there is much more to proving discrimination than your gut feeling. You have the burden to link your employers decisions and actions to the unlawful consideration of your protected class. Long story short, you will need an attorney and you will need to help build proof of discrimination through documentation. Before you consult with your attorney, consider gathering the following: If you have already lodged a discrimination complaint within your HR department…Read More

When you have proudly served this Nation, you deserve respect. Employers who discriminate against service members not only violate the law, but they offend us. Unfortunately, this has been a very real problem for veterans. In fact, there are numerous Federal and State laws that exist to protect service members from employer discrimination. Under Federal law and the California Military and Veterans Code, it is illegal for an employer or potential employer to discriminate against an officer or enlisted member of the armed forces when it comes to employment-related decisions. This means that employers cannot engage in the following conduct as because of a person’s (or family member’s) military service: Make an adverse hiring decision, such as denying or disqualifying an applicant based on their service. Take employment action against a person, including demotions, denial of promotions, changes to their job status, and termination of employment. Create company policies that disproportionately affect service members. Terminating…Read More

In California, people with disabilities are in a protected class of persons. This means that if you are qualified and able to work, an employer is prohibited from discriminating against you and must make “reasonable accommodations” so that you can work with your disability. Analogous to this is drug addiction, which is a terrible disease that often requires some form of intensive substance abuse treatment. Unfortunately, there is a legitimate balance between an employee’s right to privacy versus an employer’s right to employ effective, safe employees. The state of California has enacted numerous laws in an attempt to navigate this balance. In fact, California has many laws that protect employees beyond federal labor laws. This includes a freedom from discrimination due to the disabling condition of drug addiction. However, it is important to know that this freedom is not absolute. California Labor Code Under the California Labor Code, employers with more than 25 employees are required…Read More

Employment Discrimination Federal and state laws protect employees from discriminatory decisions and behavior by employers and potential employers. These protections extend to numerous classifications, including race, sex, age, disability, status as a new parent, citizenship or immigration status, crime victim, domestic violence victim, and military service. Federal or State Complaint If you believe that you have experienced employment discrimination, your first step is to consult with an employment law attorney. Do not delay. This is because there are strict statutes of limitations to raise an employment discrimination complaint ranging from six months to a year, depending on the type of employer. Failing to file a complaint by the deadline can bar you from getting any kind of relief. The next step in formally complaining about employment discrimination is to decide whether to file a federal complaint with the Equal Employment Opportunity Commission (EEOC) or a state complaint with the California Department of Fair Employment &…Read More

California Labor Code Section 2922 states that “An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month.” Most employees in California are considered “at will” employees, meaning that employment can be terminated, or the employee can quit, at any time without cause. Despite that this concept sounds simple, there are times when an at will termination is improper and state and federal laws that protect employees from improper termination. Discrimination The California Labor Code is filled with specific protections against discrimination for employees based on their protected class. These code provisions make it unlawful to engage in discriminatory employment action, including termination, based on sex, gender, race, age, disability, country of origin, victim status, pregnancy, or breastfeeding, among many other categories. Retaliation The Labor Code also provides for protections against…Read More

In the workplace, older employees deserve to be valued and respected based upon their years of hard work, insight, and valuable experience. Unfortunately, what older employees and job applicants actually go through can be cruel, as some employers choose young job applicants over older ones, promote younger employees, and “encourage” employees to retire early. Many types of employment discrimination are prohibited under California and Federal laws. This includes discrimination by an employer based on a person’s age. Both the Federal Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA) provide strong protections for people aged 40 or older. This is because age is a protected class under the ADEA and the FEHA. If you are nearing the age of forty or are already above forty, it is important to understand how the ADEA and FEHA work: When there is a difference in the two acts, California employees are given…Read More