Federal and California law prohibit discrimination in the place of employment. In order for discrimination in the workplace to be unlawful, it MUST be based on a protected class. California protected classes are the same as those under federal law plus California law has added additional protected classes. The protected classes in California are:
Age over 40
Race
Religion
Gender
Disability
Medical Condition
Sex, including pregnancy, child birth or related medical conditions, including pregnancy complications or disabilities
Marital status
Sexual orientation or identity
AIDS/HIV
Political activities or affiliation
Military or Veteran Status
Victim of domestic violence, assault or stalking
Color
National origin
Another requirement for discrimination to be unlawful in the place of employment is that the employer have at least 5 employees.
To sum up workplace discrimination laws, the discrimination must be BECAUSE or mostly because of the employee’s protected characteristic and the employer must have at least 5 employees.
Many employees believe that any discrimination must be illegal/unlawful. That is not true. For example, an employee gets passed up for a promotion he/she thinks was deserved. Instead of promoting the employee, the employer promotes someone they like better or feel is better at the job, etc. As long as the reason they like the other employee better is NOT BECAUSE the employee who was not given the promotion is of a particular gender, has a medical condition, is pregnant, took maternity leave, is over 40, etc., etc.
An example of unlawful discrimination in employment situations is when an employer fires, demotes, harasses, etc. an employee BECAUSE the employee is older (must be at least 40 years of age.) Or an employer who has a pattern of paying males more money than females, etc.
On June 1, 2015, the United States Supreme Court agreed with the Equal Employment Opportunity Commission in its ruling that a job applicant for a sales position at Abercrombie & Fitch was denied her rights when she was not hired for the job BECAUSE she wore the religious scarf known as a hajab. It is unlawful to discriminate against protected classes in the hiring process as well as after the employee is working. Employers faced with discrimination lawsuits can expect a costly and sometimes very long process. Consult with Law Office of Kristine S. Karila about this topic to protect your business or if you are an employee or job applicant who has faced unlawful discrimination in the labor/employment arena.
Employers should have an employee manual which clearly states that the employer does not discriminate based on protected class, provide an employee with a guideline as to how to complain about unlawful discrimination and make every effort to ensure the workplace is free from unlawful discrimination.
Law Office of Kristine S. Karila, Employment Law Attorney with over 23 years of experience to discuss. (949) 481-6909.
Copyright 2015 Law Office of Kristine S. Karila.
Age over 40
Race
Religion
Gender
Disability
Medical Condition
Sex, including pregnancy, child birth or related medical conditions, including pregnancy complications or disabilities
Marital status
Sexual orientation or identity
AIDS/HIV
Political activities or affiliation
Military or Veteran Status
Victim of domestic violence, assault or stalking
Color
National origin
Another requirement for discrimination to be unlawful in the place of employment is that the employer have at least 5 employees.
To sum up workplace discrimination laws, the discrimination must be BECAUSE or mostly because of the employee’s protected characteristic and the employer must have at least 5 employees.
Many employees believe that any discrimination must be illegal/unlawful. That is not true. For example, an employee gets passed up for a promotion he/she thinks was deserved. Instead of promoting the employee, the employer promotes someone they like better or feel is better at the job, etc. As long as the reason they like the other employee better is NOT BECAUSE the employee who was not given the promotion is of a particular gender, has a medical condition, is pregnant, took maternity leave, is over 40, etc., etc.
An example of unlawful discrimination in employment situations is when an employer fires, demotes, harasses, etc. an employee BECAUSE the employee is older (must be at least 40 years of age.) Or an employer who has a pattern of paying males more money than females, etc.
On June 1, 2015, the United States Supreme Court agreed with the Equal Employment Opportunity Commission in its ruling that a job applicant for a sales position at Abercrombie & Fitch was denied her rights when she was not hired for the job BECAUSE she wore the religious scarf known as a hajab. It is unlawful to discriminate against protected classes in the hiring process as well as after the employee is working. Employers faced with discrimination lawsuits can expect a costly and sometimes very long process. Consult with Law Office of Kristine S. Karila about this topic to protect your business or if you are an employee or job applicant who has faced unlawful discrimination in the labor/employment arena.
Employers should have an employee manual which clearly states that the employer does not discriminate based on protected class, provide an employee with a guideline as to how to complain about unlawful discrimination and make every effort to ensure the workplace is free from unlawful discrimination.
Law Office of Kristine S. Karila, Employment Law Attorney with over 23 years of experience to discuss. (949) 481-6909.
Copyright 2015 Law Office of Kristine S. Karila.
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