Discrimination and Harassment

California and federal laws, including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.) and the California Fair Employment and Housing Act (“FEHA”) (Cal. Gov. Code § 12940 et seq.),  make it illegal for employers to treat their employees worse on the basis of certain protected characteristics. Specifically, the law prohibits harassment and discrimination in the workplace on the basis of the following characteristics that are protected under the law: 

 

  • Age (40 and above)

  • Race

  • National Origin 

  • Gender and Gender Expression

  • Sex 

  • Sexual Orientation

  • Pregnancy

  • Marital Status

  • Disability (physical and mental)

  • Medical Condition 

  • Religion 

Discrimination can present itself in different forms. It could be that you are denied pay raises or promotions, passed over for certain job opportunities, given more thorough background searches, given unfavorable work assignments, transferred to a different job location, or demoted or terminated, because you fall under a protected class. 

Harassment may be more obvious than discrimination in that it usually involves conduct that results in a hostile work environment. For instance, racial harassment could involve racial slurs or epithets directed against or about individuals in the workplace. Sexual harassment often involves unwanted sexual comments and physical touching, but it can also be more subtle. The law protects also against quid pro quo sexual harassment, which could involve a supervisor conditioning various aspects of employment based on sexual favors.

Failure to accommodate

California and federal laws, including Title I of the Americans with Disabilities Act of 1990 (“ADA”) (U.S.C. § 12101, et seq.) and the California Fair Employment and Housing Act (“FEHA”) (Cal. Gov. Code § 12940 et seq.) require employers to engage in the interactive process and to make reasonable accommodations for employees who suffer from certain mental and physical disabilities, so long as the disability is known to the employer and the employer will not suffer undue hardship as a result of the accommodation. For instance, if you have a physical condition that requires you to be seated during the workday, and the legitimate business needs of the employer do not require you to be standing, then the employer may be obligated to provide you with that accommodation. The law also requires that employers engage in the interactive process by trying to accommodate your disability. So if you have a mental condition, such as ADHD or depression, and you tell your employer about it, your employer must engage in the interactive process and take steps to help you retain your employment.

Medical Leave

California and federal laws, including the Family and Medical Leave Act (“FMLA”) (U.S.C. § 2601, et seq.) and California Family Rights Act (“CFRA”) (Cal. Gov’t Code § 12945.2, et seq.) enable employees to take leave while being assured that they can return to their job. Generally speaking, employees have the right to take up to 12 weeks of leave for pregnancy, to bond with a new child, or to care for one’s own serious health condition or that of a close a family member. If you are denied this leave, you have the right to compensation in the form of lost wages, emotional distress and possibly punitive damages.