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Have you been the victim of discrimination at work? Discrimination based on an employee’s identity and protected class is illegal. Fortunately, California has some of the broadest anti-discrimination laws in the country through the Fair Employment and Housing Act (FEHA).
Both federal law and California state law prohibit employers from discriminating against and/or harassing an employee on the basis of the employee’s:
But California’s state non-discrimination law, known as the Fair Employment and Housing Act (“FEHA”), goes further and prohibits employers from discriminating against and/or harassing an employee on any of these additional bases:
When an employer treats an employee or applicant differently on the basis of any of the above classes, then that employer may be liable for unlawful discrimination. The employer may also be liable for the “failure to take all reasonable steps necessary to prevent discrimination,” which is a separate claim in California. An employer’s employee handbook and legally-required non-discrimination policy, among other factors, will play a critical role in determining the employer’s liability in a discrimination case.
Everyone deserves to go to work in a safe and supportive environment.
California employers are also prohibited from unlawfully retaliating against employees. Retaliation is a form of discrimination and occurs when an employer fires, disciplines, or otherwise takes “adverse employment action” against an employee because she/he engaged in a “protected activity.” Protected activities include things like:
If a California employee is engaged in these types of behaviors, and if that employee later is terminated or demoted or suffers other adverse employment action, then that employer may be liable for unlawful retaliation.
When a California employer, supervisor, or co-worker harasses or “bullies” an applicant or employee on the basis of any of the above classes, and when that harassing behavior is so severe and pervasive that it alters the terms and conditions of employment, then that employer may be liable for unlawful harassment. The employer may also be liable for the “failure to take all reasonable steps necessary to prevent harassment,” which is a separate claim in California. An employer’s employee handbook, legally-required anti-harassment policy, and the employer’s compliance with California’s mandatory employee sexual harassment training requirements, among other factors, will play a critical role in determining the employer’s liability in a harassment case.
The Gutierrez Law Firm knows discrimination, harassment, and retaliation law. We have litigated these cases, counseled clients on these issues, and conducted sexual harassment prevention training courses and seminars. If you have questions or need help on a discrimination, harassment, or retaliation matter, we can help.
