Every employee has the right to go to work and not experience discrimination, no matter the reason. In fact, California law makes it explicitly clear that certain classes of individuals have absolute and total protection from discrimination in the workplace. These “protected classes” make up a variety of different categories in the workforce, and when they are discriminated against, it can have far-reaching implications for businesses.
As one of California’s premier employment law firms, Maison Law is proud to advocate for marginalized employees. Our experienced, skilled class discrimination lawyers know how to build and prosecute an effective case so that these employees can hold their employers accountable for unlawful actions and recover fair compensation.
What Are the Protected Classes Under California Law?
In order to understand who possesses (or what condition allows for) protections under California law in the workplace, it would be beneficial to take a look at the actual statute itself. The law that protects California employees is the California Fair Housing and Employment Act (FEHA), and it enumerates the characteristics and conditions that are protected from unlawful discrimination in the workplace. Specifically, the Act:
- Prohibits discrimination or retaliation against a protected class of employee, intern, applicant, contractor, or volunteer.
- Applies to companies with five or more employees.
- Applies to employees of both public and private companies.
With that framework in place, the law protects the following groups and conditions:
- Race
- Color
- Ancestry
- National origin
- Religion
- Creed
- Age (employees 40 and over)
- Disability, either mental and physical
- Sex
- Gender
- Pregnancy, childbirth or related conditions
- Sexual orientation
- Gender identity
- Gender expression
- Genetic information
- Marital status
- Military or veteran status
An important distinction also exists under the law, in that it extends other categories like medical status, political affiliation, or those employees that register complaints about a hostile work environment or other illegal activities in the workplace. As such, protected classes are not simply limited to minorities and other obvious classes.
What Are the Legal Options For California Employees?
When individuals in these classes suffer discrimination or retaliation in the workplace, they have two basic legal options: first, they can file an administrative complaint with either:
- California’s Department of Fair Employment and Housing (DFEH), or;
- Equal Employment Opportunity Commission (EEOC)
Complaints with these administrative bodies will be investigated, and ultimately ruled on. Rulings will typically enforce the law and order the employer to rectify the situation, but cannot order the payment of damages or reinstatement of the employee to their original position in cases where they have been wrongfully fired. Those outcomes can only be accomplished by the second option: filing a civil lawsuit.
Filing a Lawsuit
Filing a civil lawsuit is the most direct way an employee can exact financial retribution from an employer that unlawfully discriminated against them in the workplace. While the financial side of a lawsuit is the most practical outcome, a lawsuit also has the added bonus of making the public aware of the employer’s illegal employment practices and could also potentially lead to the court ordering the employer to change them. Still, every lawsuit is a gamble and requires both courage and patience. On top of that, there is a three-year statute of limitations to file a lawsuit in California. A statute of limitations is the time limit in which the employee can officially bring a claim, which is three years from the date of the adverse employment action in California. Missing this deadline means the employee loses their right to filing a lawsuit for damages.
Generally, a discrimination lawsuit has three phases:
- Pre-litigation – The main portion of this phase revolves around evidence gathering. On top of whatever evidence the employee may bring, the complaint findings with the DFEH or EEOC will paint a clearer picture of the conduct that occurred to initiate the action.
- Litigation – The longest phase of any lawsuit, litigation can sometimes take years to conclude. Litigation begins once the Complaint is officially filed with the court and involves the discovery process, which is the formal exchange of evidence and information between the employee (the Plaintiff) and the employer (the Defendant) through interrogatories, production of documents, subpoenas and depositions.
- Resolution – Once the litigation phase winds down, resolution will be discussed. Most cases resolve either before trial at mediation or through settlement negotiations, but some cases make it all the way to a jury trial. Once at trial, the decision of the jury is (usually) final.
The decision to file a lawsuit should not be taken lightly, no matter how well the facts of the employee’s case may seem. While you do not need to consult with one of Maison Law’s skilled employment lawyers. California discrimination lawyers prior to filing a lawsuit, it would be in your case’s best interest to do so. Their team of experienced lawyers know how to best apply California law to the employee’s case, and can help them build the strongest possible case for damages.
Contact a California Class Discrimination Lawyer:
When employers engage in unfair conduct, our California discrimination lawyers can help. They have spent years developing a system for building effective cases, with a proven track record of success. Contact them today to get started with a free case evaluation.
