Recognizing Illegal Job Discrimination In California Workplaces
Federal and state laws prohibit job discrimination in California. Several types of job discrimination are recognized under California employment law, but here's the most straightforward summary: Employers cannot make employment actions and decisions based on an employee's protected characteristics or for doing protected activities.
Do note that more specific policies are related to each type of characteristic and activity. But, in general, if you are refused a job, fired, harassed, demoted, or received pay cuts because of the abovementioned factors, you might have a job discrimination claim in California.
Here are some more detailed discussions about employment discrimination as experienced by a prescreened California Employment Discrimination Lawyer:
Protected Characteristics Vs. Protected Activities
They're both causes of job discrimination claims, each defined as follows:
Protected Characteristics: Includes a list of personal characteristics associated with an employee, which can include the following:
Protected Activities: Includes things employees have the legal right to do, and cannot be punished for doing so. This includes:
Filing a job discrimination claim in California
Reporting discrimination and harassment to HR
Taking an FMLA leave
Taking a maternity leave
Taking time off because of domestic abuse, assault
Making personal reproductive choices
Taking time off to vote, serve the jury, or serve in the military
Participating in an investigation involving your employer
Becoming a witness against your employer
Becoming a whistleblower for potentially illegal or unsafe company practices
If an employer does or tolerates adverse employment actions based on any of the above traits or activities, you have a potential job discrimination claim in California.
Contact a California Employment Discrimination Attorney to assert your rights. Consulting legal counsel is also advised for those who might be unsure whether they have a valid claim.
What Are Considered Adverse Employment Actions In California?
The job discrimination claims you and your California Employment Discrimination Lawyer will file depend on the adverse action that your boss has done. Here are a few of the most common employment claims that are filed in California:
Discriminatory work harassment can cause a hostile work environment. This could push an employee to the point of being unable to work or live properly.
Retaliation is often associated with the "punishment" of employees for doing a protected action. For example, your employer cut your pay because you reported work harassment to HR.
Employers cannot fire employees for discriminatory reasons. It is illegal to fire employees because of their protected characteristics or because they did a protected activity.
4. Workplace Discrimination
Unfair treatment in the workplace, in general, is considered illegal. For example, you cannot be given lower salary compared to others in the same position due to your protected characteristics. Likewise, employers cannot refuse disabled employees when they request reasonable accommodations.
How To Prove Job Discrimination In California
When it comes to reporting and filing claims against your employer, evidence is vital. You must present proof that the discriminatory actions happened through documents, messages, photos, and other evidence.
A California Employment Discrimination Lawyer will conduct their own investigations to collect and compile evidence to strengthen your job discrimination claim in California.
More importantly, you have 2 years to file a report. If you fail to do so, you will lose any right to file claims. So, don't hesitate to contact a California Labor Lawyer when you experience job discrimination.
Consult A Prescreened California Employment Discrimination Lawyer Near Me
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