Whether you are a long-time employee seeking a promotion or a potential employee at your initial interview, employers are strictly prohibited from discriminating on the basis of:
In another bold move against the LGBT community, President Trump's administration has asked a federal appeals court to deny discrimination protection for transgender individuals.
You have a bundle of joy on the way, and you couldn't be more excited. You're preparing for the big day when your baby will arrive, and it's normally a joyful time. But you're noticing you're being treated differently at work ever since you announced your pregnancy. Not only is it adding stress, but pregnancy discrimination in the workplace is against the law.
Employment discrimination can take the form of religious discrimination in some cases. Religious discrimination is a prohibited employment practice under California law and federal law. A religious discrimination claim is handled similar to other cases of employment discrimination, i.e., by the filing of a claim initially with the federal Equal Employment Opportunity Commission or the state agency that handles such claims.
The statutes against age discrimination protect employees who are age 40 and older from discrimination in hiring, firing, promotions, wages, benefits or layoffs solely because of their ages. The main federal statute, which applies in California and all other states, is the Age Discrimination in Employment Act. All states also have their own legislation against employment discrimination that complement the federal counterparts.
The Equal Employment Opportunity Commission (EEOC) is the agency of the federal government that receives and decides employment discrimination complaints in California and all other jurisdictions in the country. Persons claiming employment discrimination generally start by filing a claim with the EEOC, often under the direction and auspices of their employment law attorneys. In rare cases, the EEOC itself will sponsor and pursue an important claim on behalf of discrimination victims in the federal courts.
Wrongful termination cases dealing with alleged discrimination follow similar legal precepts and holdings nationwide, including in California. That is because employment discrimination cases are brought mainly under uniform federal statutes in federal district courts. In those cases where plaintiffs choose to proceed in a state forum, the state laws and legal principles are similar to federal law.
A wrongful termination suit in California, which is filed on behalf of an employee against the former employer, may be based on federal or state law, depending upon the facts and issues involved. In some instances, the employee may base an employment discrimination case on both state and federal statutes that have been violated. One general principle of employment law is that it is illegal for the employer to retaliate against an employee who is a legitimate whistle blower or even one who simply tries to report illegality to the employer.
Sex discrimination is defined as treating someone differently because of that person's sex. Discrimination due to gender in any aspect of employment comprises a violation of California and federal laws. An employee who has been the victim of such employment discrimination will usually initiate a complaint with the EEOC, which is the federal agency that handles such claims. However, in certain situations the case may be initiated before an agency of the state.
The Equal Employment Opportunity Commission handles the prosecution of employment discrimination matters under federal law in California and nationwide. A state agency in each state handles similar matters, generally under the anti-discrimination law of that state. In most complaints filed before the EEOC, the complainant is represented by an experienced employment litigation attorney. In some instances, the EEOC investigates and brings its own employment discrimination complaints in larger cases or where it wants to establish a certain principle of employment law.