Employment Discrimination
It is generally unlawful for an employer to discriminate based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person. Employment discrimination can include, but is not limited to, compensation or wages, failure to promote, wrongful termination, and failure to hire.STATUTE
“It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.”
Government Code Section 12940(a)
APPLICATION
Employment discrimination can come in a variety of forms, including, but not limited to, compensation or wages, failure to promote, wrongful termination, and failure to hire.
TYPES OF DISCRIMINATION
As is evident from the plain language of the statute above, California’s Fair Employment and Housing Act prohibits discrimination based on several categories including:
- race
- religion
- country of origin
- disability (whether physical or mental)
- marital status
- sex
- gender
- gender identity
- gender expression
- age
- sexual orientation, or
- military and veteran status
These same laws also protect disabled workers – requiring employers to offer reasonable accommodations to their employees with disabilities and requiring employers to engage in a good faith discussion with a disabled person prior to terminating them to see if the disability can be accommodated.
Some of the most common discrimination practices are surrounding the following:
- Age Discrimination — Employees or job applicants who are aged 40 or older are protected by age discrimination laws. An employer is not able to terminate, demote, or deny an employee employment, privileges, or benefits because of their age. Additionally, the Older Workers Benefit Protection Act protects older workers by ensuring that they are given 21 days to review documents waiving their rights, including severance agreements, and 7 days to revoke them.
- Pregnancy Discrimination — There are protections for pregnant women from being discriminated against based on their pregnancy, medical conditions, and childbirth.
- Religious Discrimination — It is illegal to discriminate against an employee based on religion and must allow for religious observances and practices.
- Sexual Orientation Discrimination – Laws are in place to protect an employee from being discriminated against based on sexual orientation or perceived orientation.
- Disability Discrimination – Aside from being prohibited from discriminating against employees who have a medical condition or disability, employers are also unable to discriminate against employees who are perceived to have a medical condition or disability, or who have a history of having a disability.
- National Origin Discrimination – Aside from being illegal for employers to demote, terminate, deny employment or other benefits and privileges based on national origin, it is also illegal to discriminate based on an employee’s language or accent. Employers are prohibited from banning languages at work unless there is a nondiscriminatory reason.