Illegal employment practices can affect hiring, pay, leave, promotions, discipline, and termination. Federal and state laws protect workers from many unfair workplace actions.
The U.S. Equal Employment Opportunity Commission explains several illegal employment practices that may violate federal law. California employees may also have additional protections under state law.
1. Discrimination
Employers cannot make employment decisions based on protected traits. Federal law protects workers from discrimination based on race, color, religion, sex, pregnancy, national origin, age 40 or older, disability, and genetic information.
Discrimination may affect hiring, pay, promotions, discipline, work assignments, layoffs, or firing. California law may also protect additional categories, including marital status, medical condition, gender identity, and sexual orientation.
2. Denying Protected Leave
Some employees have the right to take job-protected leave for serious medical or family reasons. The Family and Medical Leave Act may provide eligible workers up to 12 workweeks of unpaid leave in a 12-month period.
FMLA may apply when an employee has a serious health condition, cares for a qualifying family member, welcomes a child, or handles certain military-related needs. Military caregiver leave may provide up to 26 workweeks in a single 12-month period.
Employers may violate the law by denying protected leave, discouraging leave, or punishing an employee for using it.
3. Failing to Pay Overtime
Covered, nonexempt employees must receive overtime pay when the law requires it. Under federal law, overtime usually applies after 40 hours in a workweek.
California law often provides broader overtime rights. Many nonexempt California employees earn overtime after eight hours in a workday, 40 hours in a workweek, or certain seventh-day work.
Employers may violate wage laws by misclassifying employees as exempt, requiring off-the-clock work, or failing to include certain compensation in the regular rate of pay.
4. Retaliation
Retaliation occurs when an employer punishes a worker for exercising a protected right. Protected activity may include reporting discrimination, requesting accommodations, filing a wage complaint, or participating in an investigation.
Retaliation can include firing, demotion, schedule cuts, threats, harassment, or unfavorable assignments. A retaliation claim may exist even if the original complaint is not ultimately proven.
5. Wrongful Termination or Forced Resignation
At-will employment does not allow every termination. An employer may not fire an employee for an unlawful reason.
Wrongful termination may involve discrimination, retaliation, whistleblowing, protected leave, or refusal to violate the law. A forced resignation may also be unlawful when the workplace becomes so intolerable that a reasonable person would feel compelled to quit.
Employment disputes can also involve claims against employees. Her Lawyer explains related issues in its article on employee theft penalties and possible defenses.
6. Refusing Disability Accommodations
The Americans with Disabilities Act requires covered employers to provide reasonable accommodations for qualified employees with disabilities unless the accommodation would create undue hardship.
Reasonable accommodations may include modified schedules, accessible equipment, remote work, reassignment to a vacant position, or changes to workplace policies. The employer and employee should usually engage in an interactive process.
A flat denial, unnecessary delay, or failure to discuss options may create legal problems.
7. Refusing Religious Accommodations
Employers must consider reasonable accommodations for sincerely held religious beliefs or practices. Accommodations may include schedule changes, voluntary shift swaps, dress code exceptions, or prayer breaks.
An employer may deny an accommodation only when the law allows it. The analysis depends on the burden the accommodation would place on the business.
Employers should not mock, punish, or isolate employees for requesting religious accommodations.
8. Unfair Promotions or Job Assignments
Employers may choose among qualified workers. However, they cannot base promotions or assignments on protected characteristics.
A promotion decision may become unlawful if it relies on stereotypes, favoritism tied to protected traits, retaliation, or discriminatory testing. The same rule applies to training opportunities and desirable job assignments.
Poor performance alone does not always create liability for an employee. Her Lawyer’s article on whether an employer can sue an employee for poor performance explains related employment disputes.
9. Workers’ Compensation Retaliation
Employees generally have the right to report workplace injuries and seek workers’ compensation benefits. Employers may not punish workers for filing a claim or reporting an injury.
Retaliation may include firing, reduced hours, demotion, discipline, or intimidation. Employers also should not pressure employees to avoid reporting injuries.
Workers’ compensation retaliation can overlap with disability discrimination, leave violations, and wrongful termination.
10. Discriminatory Job Advertisements
Job advertisements can violate employment law when they discourage applicants based on protected traits. For example, ads that prefer “young applicants,” “men only,” or “recent college graduates” may create age or sex discrimination concerns.
Employers should focus job ads on skills, experience, duties, and lawful qualifications. Recruitment practices should also avoid excluding protected groups.
FAQs About Illegal Employment Practices
What is an illegal employment practice?
An illegal employment practice is a workplace action that violates federal, state, or local employment law. Examples may include discrimination, retaliation, unpaid overtime, unlawful termination, or denial of protected leave.
Can an employer fire an at-will employee for any reason?
No. At-will employment still has limits. An employer may not fire someone for a discriminatory, retaliatory, or otherwise unlawful reason.
Is every unfair workplace decision illegal?
No. A decision may feel unfair without violating the law. Legal claims usually require a protected category, protected activity, wage violation, contract issue, or another recognized legal basis.
What should an employee keep after a workplace violation?
Helpful records may include emails, schedules, pay stubs, policies, performance reviews, text messages, witness names, and written complaints. These records may help show what happened and when.
Legal Help With Employment Law Concerns
Illegal workplace practices can affect pay, job security, reputation, and future employment. Early legal guidance can help identify whether the conduct may violate federal or California law.
Her Lawyer’s California employment attorneys assist with workplace disputes involving discrimination, retaliation, leave, wages, and termination. Contact Her Lawyer to discuss an employment law concern.