California Discrimination Laws Explained

Author: jestermarusmith | Posted: 08.02.2012

California labor laws have come to exist long before maltreatments and aggravations were discovered. Addressing the issues on discrimination, authorities have developed laws to counter such recurring concern.

Both Federal and California laws forbid discrimination in the workplace based on an employee’s “protected classes” that comprise:

• Sex

• Color

• Race

• Age

• Religion

• National origin

• Marital status

• Gender preference

• Disability (either physical or psychological)

Different Types of Discrimination

There are various types of discrimination. The “disparate treatment” and “disparate impact” discrimination that means an employee is treated differently because they are a member of a protected class.

Disparate treatment – This includes employer actions such as promotion and termination. It can also be considered if older workers are laid off or only males are promoted.

Disparate impact – This comprises employer policies that have an unequal adverse effect on protected classes. Examples of this are:

a) A company policy of counting all absences and leaves against seniority that has a lopsided adverse impact on females who have taken their time off for pregnancy.

On the other hand, what can be attributed to harassment – harassing behavior – are as follows:

a) Intimidation

b) Slurs

c) Unwanted touches (body parts or clothes)

d) Unmerited demeanor

e) Repetitious favors that is sexual in nature

Taking into account harassment that result in hostile work environment, the conduct could have been extreme and pervasive that it creates a work environment that is hostile or abusive.

Quid pro quo

This is the Latin word for “this in exchange for that”. It refers to a circumstance where the employee’s supervisor has conditioned job benefits such as promotion or continuation of employment, on the employee’s accommodating the supervisor’s sexual favors or conduct.

In here, if the harasser is the employee’s supervisor, the employer will be held liable for the supervisor’s delinquency. If the harasser is the employee’s co-worker, nonetheless, the employer will be held liable only if a supervisor knew or should have known of the harassment and failed to take immediate and proper corrective action.

What a Lawyer Can Do?

In cases of discrimination, it is important to seek legal assistance from an experienced employment lawyer so that you will be guided accordingly on the proceedings of your legal dispute.

You can never go wrong when you have the best lawyer before facing anyone from the opposing party. Moreover, the lawyer’s help could range from giving you recommendation up to dealing with the ins and outs of the litigation process.



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