Going to work is a vital part of everyday life. Employees spend a majority of their time at work, which can provide them with important things like purpose, validation, and financial security. There is a reasonable expectation that our workplaces will provide us with a safe place to grow and move forward toward our goals. However, there are times when the workplace becomes a hostile place. Usually, this occurs either through discrimination or retaliation. When this happens, it can be nearly impossible for the employee to exist inside the confines of the work environment.
An employee that has suffered discrimination or retaliation in the workplace can turn to our California Workplace Discrimination Lawyers at Maison Law for help. Our firm has built a strong reputation for obtaining results for victims of workplace discrimination throughout California.
What are the California Laws That Prohibit Discrimination?
Workplace discrimination is often very subtle, especially initially. Still, when it does occur, there are protections in place. Specifically, workplace discrimination occurs when an employee or job applicant receives negative or hostile treatment because of certain characteristics. The law is very clear in California that employers are prohibited from engaging in discrimination, both at the state and federal levels.
As it pertains to California employees, the California Fair Employment and Housing Act (FEHA) protects these individuals from workplace discrimination and allows them legal remedies if they are discriminated against in the workplace. It applies to public and private employers, labor organizations, and employment agencies. It is illegal for employers of five or more employees to discriminate against job applicants and employees because of a protected category or retaliate against them because they have asserted their rights under the law. Furthermore, any employee, whether it be an intern or a full-time worker, is protected from workplace harassment.
Who are the Protected Individuals Under the FEHA?
The FEHA provides extensive details for those individuals who are protected from workplace discrimination. It lays out exactly who is protected and what actions constitute discrimination by an employer. Under the FEHA, the individuals are protected from discrimination based upon the following characteristics:
- Race
- Religion
- Color
- National Origin
- Ancestry
- Sexual Orientation
- Sex
- Gender
- Gender Identity or Expression
- Physical or Mental Disability
- Medical Condition
- Age (those over 40 years old)
- Genetic Information
- Marital Status
- Military and Veteran status
It’s important to understand that workplace discrimination can affect anyone, even those employees that may not fit into one of the above categories and isn’t just limited to minorities. On top of protections under state law, federal law also prohibits most types of employment discrimination.
Harassment
Employees in California are not only protected from discrimination but are also protected from workplace harassment. Usually, harassment and discrimination go hand-in-hand. Harassment is usually understood to be any unwelcome behavior or policies that are based upon the employee’s characteristics. Harassing behavior occurs whenever an employer creates or encourages an offensive or hostile work environment for an employee. Typically, the employee is forced to “constructively discharge” themselves from the workplace, meaning they quit.
How Does Discrimination Occur in California Workplaces?
Much the same as the FEHA lays out who is protected from workplace discrimination, it also ennumerates several prohibited practices that an employer can engage in, including the following:
- Demoting or firing an employee because of their protected characteristic or their belonging to a protected group.
- Refusing to hire or promote a qualified worker because of their protected characteristic.
- Setting policies that will disproportionately affect employees who have a certain protected characteristic.
- Failing to accommodate the religious or disability-related needs of certain employees, including a refusal to engage in the mandated interactive process.
- Allowing employees to be frequently and severely harassed in the workplace.
- Cutting the employee’s pay or work hours.
- Denying the employee reinstatement after a layoff.
- Denying the employee medical, financial, or other benefits.
- Subjecting the employee to a hostile work environment in order to force them to quit.
When workplace discrimination occurs, it is important to have support. Maison Law’s experienced California workplace discrimination lawyers know how to best orient your case and take pride in their ability to lend a sympathetic ear to any client’s claims of discrimination.
Work With Compassionate California Employee Discrimination Lawyers
Suffering the hardships of being discriminated against at work is something no employee should have to go through. Still, it happens everyday in California. In these trying times, consulting with our experienced team at Maison Law can provide you with a thorough understanding of your rights and will simply allow you to feel heard. If you have suffered workplace discrimination, don’t hesitate to contact our office today for a free consultation.
