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What Makes Discrimination Illegal?

California laws protect employees from discrimination because of their race, color, national origin, religion, age, disability, pregnancy, sex and sexual orientation. In addition, employers cannot terminate employees for certain public policy reasons. Acts of discrimination can be expressed by an employee receiving disparate treatment and disparate impact. The former means discrimination against a person differently because of a protected class, like sex or race. Slurs, offensive “jokes,” comments or other actions against people in protected classes would constitute unlawful discrimination if such conduct creates an intimidating/offensive working environment or affects the performance levels. Disparate impact is where a company policy excludes certain individuals from the job or from promotions.

The anti-discrimination law also protects whistleblowers. An employer cannot dismiss or demote an employee for whistleblowing any potentially illegal activities.

FEHA Prohibitions and Remedies

California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating. To be stopped from discrimination, a private employer needs to have at least five employees and a public employer needs to have only one employee. Non-profit corporations and associations also come under FEHA prohibitions as long as they employ people. Employees who are subject to unlawful termination and harassment may be able to recover past lost wages and other benefits; future lost wages and benefits; general damages, which can include emotional distress and pain and suffering, punitive damages and attorney fees.

Age Discrimination Claims for “Dumping the Worn-outs”

Both the federal law as well as the FEHA prohibits age discrimination in the workplace. FEHA makes it illegal for employers to refuse to hire or employ, or to discharge, dismiss, reduce, suspend or demote any individual who is at least 40 years old or to harass an employee/applicant for employment because of age. People under 40 years old are not protected.

If a relatively junior employee is capable of providing the same quality work done by a highly paid senior employee, the employer might replace the senior with the employee with less experience. However, if wage considerations are not the real motivator and the employer wants to dump a veteran employee under the garb of such replacement, it would be illegal under California discrimination law. It is not illegal to replace people who are making high wages with people who will make less because they have less seniority. Here, the employee must prove that it is the age, not the wages, which is motivating the employer to fire older workers. Thus, it is illegal to replace a person over 40 with a person under 40, if age is the reason.

However, this practice has to be distinguished from the layoffs as part of downsizing. Employees who agree to take early retirement and are offered special packages are called ‘golden handshakes.’ Though this is not age discrimination per se, if it is intended to get rid of older workers just because of their age, it is illegal.

Sexual Orientation Discrimination

Individual identities and sexual orientations are becoming a hot subject matter of workplace rights. The reluctance of society to absorb people with a different sexual orientation is reflected in the employment sector, and violating the rights of gay and lesbian employees still receives a cold response, as there used to be few laws to safeguard their interests. However, winds of change have swept over these prejudices and many states, including California, now have laws prohibiting sexual orientation discrimination in both private and public jobs. An executive order specifically outlaws discrimination based on sexual orientation in the federal government.

There is no federal law that prohibits this type of discrimination in private employment. However, a private employer cannot evade responsibility citing the absence of federal regulation. The employer has to follow the law prohibiting sexual orientation discrimination in the state where his/her business operations are based. A prudent employer needs to be cautious even if there is no express prohibition under the state law. The employee can bring a suit for discrimination on the basis of sexual orientation under myriad theories like intentional or negligent infliction of emotional distress, harassment, assault, battery, invasion of privacy, defamation, interference with employment contract and termination in violation of public policy.

Racial Discrimination

Employers in California have a duty to prevent racial discrimination in the workplace and to protect employees from retaliation if they complain about racial harassment or discrimination. If an employer does retaliate, an employee has grounds for a lawsuit. Employees who are subject to racial discrimination may be entitled to remedies like past and future wages in addition to damages for emotional distress, pain and suffering, attorney’s fees and punitive damages.

Ask Discrimination Lawyers for a Free Case Review

A segregating workplace environment hurts the productivity of employees, and the employer should take the proactive measures to assure equity by all means. To prevent disparities from widening is crucial for the smooth functioning of the organization. It is common sense that a friendly working environment will enhance productivity. If you have faced discrimination, contact an employment discrimination attorney at our law firm today to schedule your free, no-obligation attorney consultation. You have rights as a worker, and we will uphold them.