Employees have a right to be free of workplace discrimination, which also applies to California. If you are a victim of workplace discrimination or think you might be one, then you should be aware of discrimination laws in the workplaces of California.
What is Workplace Discrimination?
Simply put, discrimination occurs when a job applicant or an employee gets less favorable treatment due to a specific characteristic they have. For instance, discrimination can be due to gender, sexual orientation, race, or disability. Most employers in California are prohibited from engaging in workplace discrimination.
Common Forms of Workplace Discrimination
There are many common forms of discrimination. Some of them are:
- Refusing to hire or promote a person because of a characteristic or membership in a specific group.
- Choosing to demote or fire an employee because of a characteristic or membership in a specific group.
- Implementing a company policy that disproportionately affects workers with a characteristic or membership in a specific group.
- Ignoring it when employees are harassed because of a characteristic or membership in a specific group.
- Not accommodating religious or disability-related needs of employees.
The Legal Framework of California
Discrimination in the workplace is prohibited by different state and federal laws. Which ones are applicable will depend on which kind of discrimination took place.
The Purpose
Workplace Anti-Discrimination Laws are created and implemented to ensure society’s betterment. The governments have announced that seeking, holding, or obtaining employment without facing any discrimination is a civil right. The State of California also believes that protection against unlawful workplace discrimination is a matter of public policy.
How California’s Law Help Protect Against Workplace or Employment Discrimination
California has many laws that protect individuals from any form of discrimination. One of the most important acts is The Fair Employment and Housing Act. Also known as “FEHA,” it protects employees in California from discrimination on different factors, such as gender, race, religion, disability, sexual orientation, age (for employees over 40), and veteran status.
This act applies to all organizations or employers with five or more employees. The DFEH, or Department of Fair Employment and Housing, enforces it. So, you must file your complaint with them if you face discrimination at work in California.
How Federal Laws Protect Against Discrimination at Work
Many federal laws protect individuals from workplace discrimination. The most important ones are mentioned here.
- According to the Civil Rights Act of 1964, employment discrimination based on color, race, religion, sex, and nationality is prohibited.
- Similarly, The Equal Pay Act of 1963 ensures that employers don’t have different pay rates between genders for the same work in most situations.
- The Americans with Disabilities Act protects people with physical and mental disabilities from discrimination.
- The Genetic Information Nondiscrimination Act (2008) bans employers from using the genetic data of prospective and current employees when making critical employment decisions like hiring, firing, or promoting employees.
- The Age Discrimination Act ensures protection against age-related discrimination. It is usually to help older workers.
- EEOC, or Equal Employment Opportunity Commission, a US federal agency, is responsible for enforcing and administering several federal laws that govern workplace discrimination.
Need More Help? Talk to the Team of Laura M. Wilson & Associates Inc.
If you have more questions regarding workplace discrimination laws in California, feel free to connect with the team of Laura M. Wilson. In addition to helping you get legal advice from an expert, we can help you return to work after a workplace injury that led to disability.
We provide various services such as SJDB Service, RTWSP Service, Expert Witness, Vocational Evaluation, Vocational Rehabilitation Counseling Services, and Transferable Skills Analysis.
Our vocational rehabilitation counselors will decide which services are right for you and offer a solution that helps you return to work and retain your job if you want to.
To book a one-on-one session with one of our experts, book an appointment here or call us toll-free at (800) 531-5608. Our team of experts will devote time to listening to your case and provide you with a customized solution. Get in touch today!
Reference:
https://www.worklawyers.com/discrimination-law-california/

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