Workplace discrimination is illegal and understanding what it looks like is the first step in protecting your rights. Laws are in place to ensure fair treatment for all employees and job applicants, covering a wide range of business practices. If you believe you’re facing unfair treatment, knowing your rights is crucial, and consulting a Discrimination At Work Lawyer can be a vital step in addressing the situation.
What Constitutes Illegal Discrimination in the Workplace?
Discrimination in employment isn’t just about overt acts; it can be subtle and ingrained in various aspects of the employment process. State laws prohibit discrimination in virtually all business practices, ensuring a level playing field for everyone. These practices include:
- Advertisements for Jobs: Job postings must be inclusive and cannot deter certain groups from applying.
- Applications, Screening, and Interviews: From the initial application to the final interview, every stage must be free from discriminatory questions and biases.
- Hiring, Transferring, and Promotions: Decisions regarding who gets hired, moved to different roles, or promoted must be based on merit and qualifications, not protected characteristics.
- Termination or Separation of Employees: Firing or laying off employees cannot be based on discriminatory reasons.
- Working Conditions and Compensation: This encompasses all aspects of the work environment, including pay, benefits, and daily treatment. Everyone should receive equal pay for equal work, and working conditions should be fair and respectful for all.
- Training and Apprenticeship Programs: Access to training and development opportunities should be available to all employees without discrimination.
- Employee Organizations and Unions: Membership and participation in unions and employee organizations must be free from discriminatory practices.
In California, the Fair Employment and Housing Act (FEHA) is a cornerstone of employee protection. It applies broadly to both public and private employers, labor organizations, and employment agencies. For employers with 5 or more employees, FEHA makes it illegal to discriminate against job seekers and employees based on protected categories. These categories include race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, disability, genetic information, age, or veteran status. Furthermore, FEHA protects individuals from retaliation if they assert their rights under this law.
Harassment is Also a Form of Discrimination
It’s important to recognize that harassment in the workplace is also prohibited under FEHA. This includes unwelcome conduct based on a protected category that creates a hostile work environment. This protection extends beyond just employees to applicants, unpaid interns or volunteers, and even contractors. Notably, harassment is illegal in all workplaces, even those with fewer than five employees, highlighting the seriousness with which it is treated.
Family and Medical Leave Rights
Beyond general discrimination, California law provides specific protections for family and medical leave. The California Family Rights Act (CFRA) mandates that employers with 5 or more employees must grant eligible employees job-protected leave for various family and medical reasons. This includes caring for a child, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition, as well as for the employee’s own serious health condition. CFRA also allows eligible employees to take leave to bond with a new child (birth, adoption, or foster care placement) within a year of the child’s arrival. The definition of “child” and “parent” under CFRA is broad, encompassing various family relationships.
Furthermore, employers of 5 or more employees are required to provide up to four months of disability leave for employees disabled due to pregnancy, childbirth, or related medical conditions.
Employer Responsibilities: Sexual Harassment Training
To proactively prevent discrimination and harassment, California law requires employers of 5 or more employees to provide sexual harassment training to both supervisory and non-supervisory employees. The Civil Rights Department (CRD) in California takes complaints seriously when individuals believe employers have failed to comply with these training and education mandates.
When to Consult a Discrimination at Work Lawyer
Navigating employment law can be complex. If you believe you have experienced discrimination at work, consulting a discrimination at work lawyer is advisable. They can help you understand your rights, assess your situation, and guide you through the process of filing a complaint or taking legal action. A skilled attorney specializing in workplace discrimination can be your advocate, ensuring your voice is heard and your rights are protected.
