Federal anti-discrimination laws generally apply to private employers with at least 15 employees. However, California prohibitions reach even smaller private employers prohibiting employers of 5 or more employees from discriminating against job applicants or employees or retaliating against them for asserting their rights.
Discrimination in California Workplaces
Laws prohibiting discrimination apply to all different types of business practices, including:
Advertisements for job openings
Screening of job applicants
Interviewing job applicants
Hiring new employees
Assigning transfers to employees
Offering employee promotions
Terminating an employee
Determining compensation
Controlling working conditions
Selection for training opportunities
Inclusion in apprenticeship programs
Anti-Discrimination Laws Apply to Employers' Business Practices
Anti-discrimination laws apply to public and private employers, employment agencies, and labor organizations. There are many different types of discrimination that can cause significant harm to California workers.
Different Types of Discrimination Often Seen in California Workplaces:
Age discrimination: discriminating against someone based on their age
Disability Discrimination: discriminating against someone based on their disability
Pregnancy discrimination: discriminating against someone based on their pregnancy
National origin discrimination: discriminating against someone based on their nation of origin
Genetic Discrimination: discriminating against someone based on their genetics
Discrimination based on sexual orientation: discriminating against someone based on their sexual orientation
Racial discrimination: discriminating against someone based on their race
Gender-based discrimination: discriminating against someone based on their gender
In addition to discrimination, harassment based on protected characteristics is also illegal, including sexual or racial harassment.
Requirements for Reasonable Accommodations in California Workplaces:
In certain instances, an employer must make reasonable accommodations for a protected characteristic if a worker is otherwise qualified to complete their job. For example, an employer may be required to make adjustments to a worker with a physical disability's workstation if doing so allows them to perform their job or if a worker's religion mandates specific dress or grooming practices, an employer may be required to accommodate what may otherwise violate dress code or company policy.
Retaliation Often Follows Workplace Discrimination:
In many cases, acts of workplace discrimination are often followed closely by acts of workplace retaliation. Employers are prohibited from retaliating against an employee who reports an instance of discrimination, files a claim of discrimination, files a claim of harassment, cooperates in an investigation of another employee's discrimination claim or lawsuit, etc. Common acts of workplace retaliation include termination, demotion, or harassment.
If you need to discuss filing a California discrimination lawsuit or have questions about California labor law violations, contact Moss Bollinger, Sherman Oaks, California personal injury attorney. He's dedicated to protecting and asserting the rights of his clients. Call 866-942-7974 today for a free consultation, or contact us online.