California discrimination is a very broad term and requires in depth study to understand all of the various types of discrimination. This information will discuss some of the basics of job based discrimination, also called California workplace discrimination since this area is highly applicable to many in the workplace. The other areas of California disability discrimination, California pregnancy discrimination, California age discrimination law, and California employment discrimination will be covered in other updates.
Job Discrimination: Protected Categories
The first principle to understand is that if your employer chooses to fire you, a violation has not necessarily occurred. In order to be held liable for discrimination in California under California discrimination laws, your employer must have discriminated on the basis of one of the "protected categories." California employment discrimination law dictates the protected categories through its laws and statutes. It is not uncommon for employees to be covered under more than one category pursuant to California employment discrimination law. In fact, all employees are protected by at least one category - gender and sex.
California Discrimination: What is and is not covered?
Thus far, California courts permit employers to discriminate against employees on the basis of long hair and facial hair unless such hair is worn for religious preference. Employers may discriminate against employees on the basis of weight unless the weight is due to a medical condition. Nepotism is not a discriminatory practice and an employer can hire or replace an employee if the employer chooses to hire a family member. It is permissible for an employer to refuse to hire an employee if they are deemed to be “too young”, but not if the employee is too old (in excess of forty years old). While on its face, it may seem unfair, under California discrimination law, none of these examples fall under a protected category. To be clear, unless a protected category is clearly spelled out in a law or statute, federal or California discrimination law does not apply, and therefore there are no protections.
Why were you fired and was there a violation of California Discrimination Law?
The important issue is to consider the reason you were fired or not hired or not promoted. Was it due to race, gender, age or another protected category or did the person in charge simply not like you enough to hire, promote or not fire you? An experienced California discrimination attorney can provide valuable legal guidance in this area and help you determine if there has been a potential violation and if you have a claim.
Contact Our California Discrimination Attorneys
If you feel that you have been the victim of discrimination in the workplace, it is imperative to talk to a California discrimination attorney at once. There are California labor laws that govern how long you have to file your claim, so time is of the essence. Our California discrimination attorney will provide a free case evaluation whether you are unsure about your potential discrimination violation or if you are concerned you may have been discriminated against based on age, gender, race, disability or pregnancy. Our CA law firm offers contingency fee legal representation, which means that if we accept your case, our firm will advance all relevant costs and expenses without any “out of pocket” expenses incurred by you. All our employment discrimination cases are accepted on this contingency fee basis, so you pay nothing unless we prevail and collect for you.
