Got Trouble? We can help.

Job discrimination in California

In California you have the right to seek money damages if you can prove that your job termination had an unlawful and discriminatory purpose. Discriminatory practices can occur in hiring and firing, determining compensation, job assignment, and promotions, to name a few.

The courts continue to define what forms of discrimination are legally actionable. They include harassment on the basis of race, color, religion, sex, national origin, disability, or age. Further, it is considered unlawful for employers to make any employment decisions based on sex, race, age, religion, or disabilities of any kind or to deny you employment opportunities because of your association with people of a particular race, religion, national identity, or disability.

Discrimination based on age in California

Most employers (those with twenty or more employees) are prohibited from discriminating against employees who are over the age of forty. Employers must be very careful when hiring a replacement for a terminated employee. If you are terminated, you may argue that your termination was discriminatory and support your case by showing that your employer replaced you with a younger person. While hiring a younger person is not conclusive of age discrimination, most judges will allow such evidence to be admitted at trial.

Equal pay requirement

The Federal Equal Pay Act requires any employer that is already subject to the federal wage and hour law to provide equal pay to men and women who perform "equal work," unless the difference in pay is caused by differences in seniority, merit or some other factor that is not based upon sex.

Discrimination based on disability

The Americans With Disabilities Act (ADA) prohibits discrimination against the disabled. In order to be protected by the ADA, you must show that you are in fact disabled, have a history of being disabled, or were being treated by his employer as being disabled prior to the issue surfacing. Once these facts are established, you are protected against discrimination, and furthermore, your employer will be required to provide "reasonable accommodation" for you at your workplace. "Reasonable accommodation" may mean modified work hours and/or work duties, unpaid time off, or special devices that will help you to performance your job.

Discrimination based on national origin

The Immigration Reform and Control Act (IRCA) prohibits any employer with more than three employees from discriminating against a U.S. citizen, or an "intended citizen" (one who is lawfully applying for citizenship) on the basis of the employee's national origin. The law was passed in response to Congress enacting tighter standards and more stringent penalties against employers who hire illegal aliens.

Discrimination based on religion

The U.S. and California constitutions provide citizens with certain fundamental social rights. Chief among them is the freedom to practice one's religion without governmental interference. Some religions require their followers to wear certain types of clothing and some have dietary requirements.

Discrimination based on sexual preference

California law protects gay and lesbian employees from discrimination in the workplace including being treated differently or being harassed because of sexual preference. As of 2007, a growing number of states, including California, have enacted laws specifically prohibiting discrimination based on sexual orientation in both public and private jobs.