Discrimination at work is unlawful and wrong – period. Yet it still exists in workplaces throughout California.
Whether on the basis of gender, disability, race, ethnicity, age, pregnancy or any other protected basis, discrimination can have dramatic and damaging economic, physical and emotional impacts on the affected employee and his or her family.
Discrimination often comes in the form of being wrongfully terminated, improperly included in a lay-off, or in skewed hiring, compensation or promotion decisions (including bonuses) – all of which lead to lost wages.
California, thankfully, has some of the strongest laws in the country to protect employees from discrimination and hold employers accountable when they violate these important laws.
The California Fair Employment and Housing Act prohibits employment discrimination based on race or color; religion; national origin or ancestry, physical disability; mental disability or medical condition; marital status; sex or sexual orientation; age, with respect to persons over the age of 40; and pregnancy, childbirth, or related medical conditions.
California protects employees with disabilities, perceived disabilities, or serious medical conditions from discrimination. Disability discrimination is the improper treatment of someone based on their physical or mental impairment.
California law prohibits employers with five or more employees from discriminating on the basis of an employee’s physical disability, mental disability, medical condition, or genetic condition.
Employers have an obligation to work with employees to determine and make available reasonable accommodations that will allow the employee to continue their employment. This duty to accommodate occurs as soon as the employer knows of the employee’s disability.
An employer is required to engage in an “interactive process” with an employee to determine whether a reasonable accommodation is available.
This is an informal process with the employee or the employee’s representative in which the parties work together to identify a reasonable accommodation that will enable the employee to perform the job effectively.
Employers must act quickly and in good faith. All too often, California employers are quick to discriminate against employees who present with an unexpected disability in an effort to not have to accommodate the employee’s disability. The employer thinks it is easier to utilize the services of an employee who is not disabled and does not need an accommodation.
Under California law, a pregnant employee must be treated as though she has a temporary disability, and therefore provided with reasonable accommodations, including the opportunity to take protected leave of absence before and after the birth of her child.
Pregnant employees must also be allowed to attend all prenatal doctor appointments and other pregnancy related obligations. Pregnancy discrimination by a qualified employer is always prohibited, regardless of whether the employee is disabled from the pregnancy.
Discrimination against a pregnant employee is especially damaging, as it affects a mother, her family and her unborn child at a time when they are especially vulnerable.
The protections against discrimination extends to a mother’s right when she returns to work to breastfeed or pump breastmilk during working hours in order to feed her new baby. The requirements for California employers are very specific, yet often not followed by California employers.
The California workforce is getting older and the implications on employees are dramatic, so California law rightfully protects employees over the age of 40 from age discrimination.
Older workers are often improperly perceived by employers as too expensive or too close to retirement. Both of these considerations in a workplace decision are illegal.
California law uniquely confirms that salary is an indication of age – meaning the employee earns a higher salary because he or she has been in the workplace for longer. Therefore, consideration of salary in an employment decision, such as termination, is illegal in California.
California law correctly protects employee who have earned the right to a high salary through years of hard work and dedication. Unfortunately, most national-level companies are unaware of this law and continue to make unlawful employment decisions based on improper criteria, like age or salary.
Women are often denied equal pay when compared with their male coworkers. It is against the law for a California employer to discriminate against a person based on the employee’s sex or gender.
Under California law, discrimination based on a person’s sex, gender, gender identity, or gender expression are prohibited. Gender expression is a person’s gender-related appearance and behavior and is not necessarily based on the person’s sex assigned at birth.
Employers and others may have preconceived ideas and gender-based stereotypes that make generalizations about the qualifications, job performance, physical abilities, work habits, and productivity of women and men.
The laws prohibiting gender discrimination in employment are intended to protect all workers by providing work opportunities based on their abilities and not their gender.
Anyone who has been subjected to unlawful discrimination in the workplace know that the impact of such discrimination can be overwhelming.
California law provides that damages available in an employment discrimination lawsuit may include money damages, punitive damages, and equitable remedies.
Damages from employment discrimination may include: back pay, front pay, higher income from promotion or raise not given, lost health or pension benefits, bonus payments owed, pain and suffering and other emotional distress damages.
Employees who have suffered discrimination can also seek attorney’s fees and costs from pursuing these important rights. An employee may also eligible to be awarded punitive damages. Punitive damages act as a way to punish the behavior of the employer in an effort to deter the employer or other employers from engaging in similar wrongful behavior in the future.
Ashley Davenport of Davenport Law has extensive experience fighting for the rights of people who have been victims of discrimination and other prohibited acts in the workplace.
We will work with you to fight back against the unlawful acts of employers in discriminating against hard-working employees on the basis of gender, disability, race, ethnicity, age, pregnancy or any other protected basis.
Through the voices of employees taking action, we can help to protect future employees from such misconduct.
If you have been subject to harassment, discrimination or retaliation at work, call Ashley Davenport at 310-504-3989 for a free consultation to discuss your potential claims.