Common violations

rACE & National Origin

sex Discrimination
SEXUAL HARASSMENT

gENDER - bASED hARASSMENT

Disability discrimination

pREGNANCY Discrimination

Genetic info discrimination

Color Discrimination

Hostile Work Environment

Religion

mARITAL sTATUS DISCRIMINATION

lgbtQ RIghts

Discrimination is unequal or disparate (different) treatment because of an employee’s membership in a protected class or disparate impact to a protected class. Under both state and federal laws there are a number of protected classes including:

Disparate treatment discrimination can be manifested in a variety of ways including refusal to hire, refusal to promote, demotion, termination, racial steering, sexual harassment, unequal pay, different terms and conditions of employment, and other unfair treatment based on membership in a protected class. To present a case for disparate impact discrimination the employee should be able to show all of the following elements:

• There was a negative employment action such as refusal to hire, promote, or demotion

• The employee’s membership in a protected class was a motivating reason for the decision

• The employee suffered some harm due to the employer’s action

As a defense the employer may attempt to argue that the reason for the negative employment action was based on some other reason such as poor performance, a reduction in force, or personality conflict. The employee will have an opportunity to show that this is what the law refers to as mere “pretext” - in other words, a fake reason offered by the employer to hide their illegal behavior. There are many ways the court will use to determine if the reason given by the employer is likely to be true or if it is more likely that the adverse employment action was motivated by illegal discrimination, in whole or in part. A Labor & Employment Attorney can advise you if your situation falls under either of these categories and can help uncover evidence of both discrimination and pretext.

Disparate Impact discrimination is an unintentionally discriminatory policy or practice that adversely impacts an otherwise protected class of people. In other words, when an employer’s policies or practices adversely affect a group of people that belong to the same protected class. Some examples of disparate impact would be an employer requiring a hiring test that eliminates all or most people from a particular race from the hiring pool or having a dress code policy that has more opportunities for violations for female employees than male employees - such as requiring all female employees to wear dresses.

Anti-discrimination laws also protect employees from a practice known as “Steering”. Steering occurs when a protected class of people are steered or directed towards a particular type of job or excluded from a type of job. For example, if female applicants of Mexican origin apply for jobs at a hotel, it is recommended that they apply for housekeeping positions or their application is sent to the housekeeping department. Another example of steering is when white male employees are groomed and prepared for management roles while female or non-white employees are not.

Sex or gender- based discrimination is also common. Sex or gender-based discrimination is when an employee is treated differently because of their gender. This can include sexual harassment, steering, or other unfair treatment. On June 15, 2020, the United States Supreme Court ruled that prohibitions on gender-based discrimination in the workplace encompasses bias against LGBT workers.

With so many protected classes of people you made need a Labor & Employment Attorney to help determine if your situation rises to the level of unlawful discrimination.

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Laws protecting California Employees From

Discrimination

There are several laws which protect California employees from discrimination. Here are a few:

• Title VII of the Civil Rights Act of 1964

• Fair Employment and Housing Act (FEHA)

• Family Medical Leave Act (FMLA)

• Equal Pay Act of 1963

• Americans with Disabilities Act (ADA)

• Age Discrimination in Employment Act of 1967 (ADEA)

• Federal Labor Standards Act (FLSA)

• California Labor Code

• Healthy Workplace Healthy Families Act

• The Genetic Information Nondiscrimination Act (GINA)

• The United States Constitution

For more information click the “learn more” button or CLICK HERE to schedule a no cost consultation with an Attorney

How Can The Employment Justice Project Help?

There are several ways that the Employment Justice Project can help. Every case is different and while EJP can make no guarantee of results in your specific situation, here are a few examples of the assistance EJP may be able to provide:

• Listen

• Educate you on your rights and possible claims

• Counsel and Advise

• Request and review employee file and payroll records for evidence of violations

• Interview witnesses

• Educate your employer on your rights and their responsibilities under the law

• Advocate on your behalf

• Advocate for reinstatement

• Advocate for resolution of your claims

• Negotiate recovery of lost wages, emotional distress damages and other penalties

• Negotiate terms of settlement or severance agreement

• Negotiate a neutral reference or other favorable terms

• Litigate, if needed and appropriate

CLICK HERE to schedule a no cost consultation with an Attorney

Wage & Hour

overtime

meal and rest breaks

unpaid wages

exempt vs non-exempt

eMPLOYEE VS INDEPENDENT CONTRACTOR

Discrimination

SEXUAL HARASSMENT

gENDER bASED hARASSMENT

rACE

pREGNANCY

LGBTq

Wrongful Termination

whistle-blower

RETALIATION

HEALTH AND SAFETY

cONSTRUCTIVE tERMINATION

SEVERANCE