Employment Discrimination

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Employment Discrimination

Employment discrimination happens when an employer treats an employee differently based on discriminatory intent or bias rather than a legitimate business reason. In California, the legal standard for employment discrimination revolves around whether any protected categories (or discriminatory factors) were a “substantial motivating factor” in an employment decision, such as hiring, pay, promotion, or termination.  The protected categories under the California Fair Employment & Housing Act are:

PROTECTED CATEGORIE

  • Age (over 40)
  • Ancestry
  • Citizenship Status
  • Color
  • Disability ( physical or mental)
  • Gender (including gender identity, gender expression, facility access, and pronoun preference)
  • Genetic Information
  • Marital Status
  • Medical Condition
  • Military or Veteran Status
  • National Origin
  • Physical or Mental disability
  • Pregnancy (including childbirth, breastfeeding, or related medical conditions)
  • Race (including natural hairstyle)
  • Religious Creed (including religious dress and grooming practices)
  • Reproductive Health Decisions
  • Sex
  • Sexual orientation (LGBTQ+)
  • Use of Cannabis off the job and away from the workplace

The antidiscrimination protection extends to individuals who are perceived to be members of a protected category or who are associated with someone who is a member of a protected category.

FEHA applies to employers with five or more employees, although its anti-harassment provisions apply to employers with just one or more employees. Employees can enforce their rights under FEHA by filing a complaint with the California Civil Rights Department (CRD)or filing a private lawsuit. Before filing a lawsuit, the affected employee must file a complaint with the CRD to exhaust administrative remedies before filing a lawsuit. An affected employee may also request an immediate right-to-sue letter without waiting for the CRD to complete an investigation.

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