California is generally an excellent place to live and work. It offers a diverse range of industries and job opportunities, which themselves offer a chance for professional development and the ability to make a solid living for you and your family.
However, there’s another side to working in California, one that isn’t so pleasant. Issues like discrimination and harassment, which are common throughout workplaces in the country, are also present in California. Even with some of the strongest anti-discrimination and harassment laws in place, these issues still come up. That’s why it’s important to understand how the law works and how it can hold employers accountable.
Workplace Anti-Discrimination Laws in California
Discrimination in the workplace is an unfortunate reality throughout California, and is generally defined as any form of:
- Unfair or unequal treatment of an employee or job applicant based on certain characteristics
In order to combat the issue, the state has extensive anti-discrimination laws that apply at both state and federal levels. These include:
- The California Fair Employment and Housing Act (FEHA) – The FEHA is the main state law that prohibits discrimination, harassment, and retaliation against employees and job applicants in California workplaces. It outlaws discrimination based on certain “protected characteristics” like age, race, color, national origin, religion, gender, sexual orientation, or disability.
- Title VII of the Civil Rights Act of 1964 – The main federal law that prohibits discrimination in the workplace, Title VII of the Civil Rights Act establishes many of the same protections as the FEHA.
- The Americans with Disabilities Act (ADA) – This federal law prohibits discrimination against individuals with disabilities in the workplace and requires employers to provide reasonable accommodations to employees with disabilities.
- The Age Discrimination in Employment Act (ADEA) – This federal law prohibits discrimination against employees who are 40 years of age or older.
- The Equal Pay Act (EPA) – This federal law prohibits pay discrimination based on sex.
It’s also important to understand that discrimination can occur at any part of the job process, even before the person is actually hired. Examples of workplace discrimination may include:
- Refusing to hire someone because of their race, religion, or other protected characteristics.
- Paying employees with similar job duties and qualifications different salaries because of their gender.
- Denying an employee a promotion or training opportunity because of their age.
- Creating a hostile work environment by subjecting an employee to unwanted comments or behavior because of their sexual orientation.
- Terminating an employee because of their disability.
Workplace discrimination can take many forms, and it is not always overt or intentional. Further, it can also be based on unconscious biases or stereotypes. Because it’s such a serious issue, employees should understand how to recognize discriminatory actions in the workplace and how to take action when it does occur.
What California Companies Are the Worst Offenders For Discrimination Cases?
With an economy and workforce as diverse as California, it can often lead to issues of workplace discrimination. Unfortunately, even with laws in place that prohibit this treatment, several California companies have faced legal action for their discriminatory treatment of workers. Some of the more prominent California workplace discrimination cases in recent years have included the following:
There have been several discrimination lawsuits filed against Google in California in recent years. In September 2018, three female former employees filed a lawsuit against Google, alleging gender pay and promotion discrimination, as well as a hostile work environment. The case was granted class-action status in March 2020, allowing more than 10,000 women who worked at Google in California from 2013 to the present to join the lawsuit. Google eventually settled the lawsuit for $118 million.
In December 2020, the National Labor Relations Board (NLRB) filed a complaint against Google, alleging that the company violated U.S. labor laws by spying on and retaliating against employees who participated in protected labor organizing activities. The complaint also alleged that Google unlawfully terminated employees who engaged in protected labor organizing activities.
Tesla
One of the most prominent technology companies in the world, Tesla has also faced criticism for its treatment of workers. However, it faced a slew of racial discrimination lawsuits filed in February 2022. The lawsuits were initiated by Black assembly workers at Tesla’s manufacturing plant in Fremont. The workers were subjected to racial epithets and other offensive and racist comments from supervisors and coworkers.
In the past, Tesla has faced several discrimination suits filed by employees, including claims of racial discrimination. In February 2021, a former employee filed a lawsuit against Tesla alleging racial discrimination, harassment, and retaliation. The employee claimed that he was subjected to racist epithets and threats of violence by coworkers and that Tesla failed to take appropriate action to address the issue. Tesla was eventually ordered to pay $3 million in damages.
Activision
Gaming and software company Activision was taken to task for its treatment of female workers in a lawsuit filed by the Department of Fair Employment and Housing (DFEH) that alleged sexual harassment and pregnancy discrimination. The suit alleged that a “frat boy” culture permeated the company, and resulted in frequent sexual harassment and discrimination against the company’s female employees.
Following the filing of the lawsuit, several high-level executives, including the company’s president, left Activision. In March 2022, a U.S. District Court judge in California preliminarily approved an $18 million settlement.
Disney
In April 2021, Joel Hopkins, a former executive at the Walt Disney Company, filed a lawsuit against the company alleging that he was subjected to discrimination and harassment based on his sexual orientation.
Hopkins, who is gay, worked as an executive in Disney’s streaming division, Disney+, until he was terminated from his job in 2019. According to the lawsuit, Hopkins faced discriminatory treatment and harassment from his colleagues and superiors, including being excluded from meetings and discussions, being passed over for promotions, and being subjected to derogatory comments and jokes about his sexuality.
The lawsuit also alleges that Hopkins was retaliated against after complaining about the discrimination and harassment, including being given negative performance evaluations and being eventually terminated from his job.
Experienced, Dedicated California Employment Lawyers Can Help You
At Maison Law, we believe that every person in California deserves to work in an environment free of discrimination and harassment. Not only does the law require this, but taking action against employers that violate these laws is sometimes the only way to protect your rights. If you are experiencing workplace discrimination and harassment, don’t hesitate to contact our team of experienced California employment lawyers. We’ll provide you with dedicated legal support and make sure you get the treatment you deserve. Contact us today to schedule a free, no-obligation consultation.
