Discrimination at Work

 

Discrimination Law

Many who call us ask: “What is considered discrimination at work?” or “Was I discriminated against?”

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.

What is Job Discrimination? What are the Protected Categories?
In order to be held liable for discrimination in California, your employer must have discriminated on the basis of one of the “protected categories.” It is not uncommon for employees to be covered under more than one category, and in fact, all employees are protected by at least one category – gender and sex.

These categories include:
Racial Discrimination DISABILITY DISCRIMINATION
National Origin
Sexual orientation
Gender
Age Discrimination
Disability
and new laws name Military and veteran status

California Discrimination: What is and What is Not Covered?


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.

DISCRIMINATIONSo, were you discriminated against at work? The important issue is to consider the reason you were fired, 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 TODAY

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MORE EMPLOYMENT HELP

CALCULATE HOW MUCH OVERTIME YOU ARE OWED! CLICK HERE.
* In California you are entitled to overtime when you work more than 8 hours a day, the FLSA under Federal law mandates OT pay over 40 hrs worked in a week.

-DIRTY BOSS TRICKS.
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Are alternative work weeks legal? CLICK HERE.

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