Employment Discrimination

The State of California is considered to be an employee-friendly state because of its laws that are even more protective of employees than those of the Federal Government. These laws were created to give employees more rights and to protect them from discrimination at the workplace. Discrimination laws also protect undocumented immigrants. California’s Fair Housing and Employment Act (FEHA), specifically protects employees from discrimination based on:

FEHA protects employees from discrimination not only when they are being fired, but also protects them during the the process of being hired, promoted,  demoted, or when being selected for training programs that would lead to employment, or in the pay and terms of the employment. In other words, any negative actions taken by the employer against the employee in the workplace is employment discrimination in California if it is based on the employee’s protected status (age, sex, religion, disability, etc.). Employees who are discriminated against could be entitled to get money compensation based on past lost pay, future lost pay, job benefits, and also compensation for pain and suffering and emotional distress. Additionally, employees could sometimes get punitive damages (to make an example out of the employer and to punish the employer) and the employee’s attorney’s fees for bringing a lawsuit.

 

Types of Discrimination

There are two categories of employment discrimination in California. The first occurs when the employer discriminates intentionally against the employee because of his/her protected status (age, race, disability, etc.) known as disparate treatment, which is the most common type of employment discrimination. In order to prove disparate treatment discrimination in California, the employee (plaintiff) must prove all of the following:

  1. That the employee was fired, demoted, refused to be hired or experienced any other kind of adverse employment action
  2. That the protected status (age, race, disability) was a motivating reason for the adverse employment action
  3. That the employee was harmed (physically, mentally, financially)
  4. That the adverse employment action (e.g., firing) was a substantial factor in causing the harm

The second type of employment discrimination in California is when the employer’s policies negatively impacts a protected class of people disproportionately, known as disparate impact. This type of discrimination does not require the employer to have a discriminatory motive, but only that the employer’s policy affect a certain group of employees (for example, persons over 40) in a negative way when compared to everyone else. In order to prove disparate impact discrimination in California, the employee (plaintiff) must prove all of the following:

  1. That the employer had an employment practice or a selection policy that had a disproportionate negative effect on members of a protected class (age, race, disability, etc.)
  2. That the employee is a part of a protected class
  3. That the employee was harmed (physically, mentally, financially)
  4. That the employer’s practice/selection policy was a substantial factor in causing the employee’s harm

If you have been discriminated against by your employer because of your age, sex, race, disability, etc., DBY Law can help you get justice and money compensation. The firm will work aggressively towards finding all the facts and achieving the best results possible to get you what you deserve. As a California employee, you should not tolerate discrimination at work by your employer. DBY Law can help you fight for your rights and get you money compensation. Call the firm today at (213) 316-8844.