Under California law and federal law, an employee has the right to be free from unlawful discrimination in the workplace. The California Fair Employment and Housing Act (also known as the “FEHA”) is the primary law that provides employees with protection from discrimination, retaliation and harassment in employment. The employment provisions of the FEHA’s anti-discrimination provisions apply to all employers with five or more full-time or part-time employees. In California, state law prohibits an employer from taking any adverse action against a protected individual based on his or her:
- religious creed (including religious dress and grooming practices);
- national origin;
- physical or mental disability;
- medical condition;
- genetic information;
- marital status;
- gender identity;
- gender expression;
- sexual orientation;
- military and veteran status;
- age (if 40 or over); or
- pregnancy, childbirth, breastfeeding or related medical conditions.
The following actions, if taken because of a protected characteristic, will constitute an unlawful employment practice:
- refusing to hire or employ;
- refusing to select for a training program leading to employment or an unpaid internship;
- discharging from employment or from a training program leading to employment or an unpaid internship;
- discriminating in compensation or terms, conditions or privileges of employment.
Are you a victim of workplace discrimination?
If you have been discriminated at work based on being a member of a protected class (whether as an employee or even during the hiring and firing process), you may be able to bring a claim for discrimination under either California or federal anti-discrimination laws. The lawyers at our office regularly handle discrimination cases across the entire state of California. Reach out now for a free confidential consultation and to learn more about cases brought on behalf of victims of workplace discrimination.