Orange County Discrimination Attorney California Employment Law
Employees in San Clemente, California have the right to be free of illegal discrimination in the workplace. Unfortunately, thousands of employees are discriminated against by their employers every day. Employers should be held accountable for their discriminatory actions. If you believe that you have been discriminated against at work, it is essential that you retain an Orange County discrimination attorney as soon as possible. At the Spencer Law Firm in San Clemente, our experienced and knowledgeable Orange County discrimination attorney will protect your rights and fight to recover any damages you have sustained.
What Is Employment Discrimination?
Under California and federal law, an employer is prohibited from discriminating against an employee on the basis of a protected category, such as race. The applicable statutes list and define certain protected categories. An employee must prove that one of these categories is the motivating factor behind an employer’s discriminatory action. The employee can not recover under the law if the reason for the employer’s adverse action is not a protected category. For example, if an employer does not like an employee’s personality and does not approve a promotion for that reason alone, there is no discrimination. An employer’s adverse action must also affect a “term or condition” of employment. A term or condition of employment includes the major aspects of an employee’s job, such as:
- conditions of work
Types Of Employment Discrimination
The California Fair Employment and Housing Act (FEHA) and various federal laws prohibit discrimination in employment based on the following protected categories:
- Race: generally defined as a person’s ancestry or ethnic characteristics. It is illegal under both California and federal law to discriminate against an employee on the basis of an employee’s race or color.
- Gender /sex: employers are prohibited from discriminating against an employee, or treating an employee differently, because of gender. This includes issues such as equal pay, stereotyping, and gender roles.
- Age: discrimination in the workplace based on age is prohibited by the FEHA and the Federal Age Discrimination in Employment Act (ADEA). The laws apply to employees 40 years of age and older (i.e. it is not discrimination to refuse to hire someone because they are too young).
- Disability: The FEHA and the Federal Americans With Disabilities Act prohibit an employer from discriminating against an employee because of his or her disability. The disability must substantially limit one or more major life activities. Employers are required to make reasonable accommodations to allow an employee to perform his or her work.
- Religion: employers are prohibited from discriminating against an employee on the basis of religious beliefs or practices. Employers are required to make reasonable accommodations of an employee’s religious beliefs or practices in the workplace, unless doing so would create an undue hardship on the employer’s business.
- Pregnancy: under the FEHA and federal law (Title VII of the Civil Rights Act of 1964) employers may not discriminate against pregnant employees. The prohibition covers pregnancy, childbirth, and related medical conditions.
- Sexual orientation: it is illegal under the FEHA for an employer to discriminate against an employee based on the employee’s sexual orientation or perceived sexual orientation.
- National origin: under federal law (the Federal Immigration Reform and Control Act and Title VII of the Civil Rights Act of 1964) it is illegal for an employer to discriminate against U.S. citizens, U.S. nationals, and authorized aliens because of national origin.
San Clemente, California Employment Law Discrimination Attorney
Discrimination in the workplace is common occurrence in San Clemente, California. However a claim against an employer can be a complex and time consuming endeavor. If you have been discriminated against at work, it is important to contact an experienced discrimination attorney to represent you. At the Spencer Law Firm, our seasoned discrimination attorney in San Clemente have successfully resolved many discrimination cases for our clients. We can provide you with the best legal representation available and will aggressively fight to see that you are compensated.