What You Need to Know About California Employment Discrimination
Employees may feel discriminated against at work. Here’s everything you need to know about California employment discrimination FAQs.
In California, employment discrimination occurs when a co-worker or other company member discriminates against an employee. California law protects all employees of public and private businesses. An individual could file a complaint if they are a victim of employment discrimination.
What is employment discrimination?
Discrimination is when someone treats an individual differently or negatively for a particular reason. Employment discrimination occurs when co-workers make an employee feels discriminated against in the workplace.
Can laws protect me from employment discrimination?
The California Department of Fair Employment and Housing (DEFH) enforces state law to make employment discrimination illegal. DEFH created the Fair Employment and Housing Act (FEHA) to protect all California’s public and private employment agencies.
How does California law protect employees from discrimination?
California considers the following reasons for discrimination illegal:
- Race
- Origin
- Religion
- Age (over 40)
- Mental disability
- Physical disability
- Sex
- Gender
- Medical conditions
- Sexual orientation
- Gender identity/expression
- Genetic information
- Marital status
- Military status
When is employment discrimination illegal in California?
Employment discrimination is illegal at all public and privately-owned businesses in California.
Does employment discrimination only include situations occurring at work?
Discrimination against employees may occur daily in the workplace or other employment situations.
California law considers employment discrimination if an employee gets discriminated against in any of the following situations:
- Advertisements
- Applications
- Screenings
- Interviews
- The hiring process
- Firing an employee
- Compensation
- Training programs
Related: Reasonable Accommodation in CA: Accessibility at Work
Can an employer’s deterrence of job applicants qualify as employment discrimination?
California law prohibits businesses with five or more employees from discriminating against applicants.
Can my employer commit employment discrimination if I am an unpaid intern?
A California business cannot legally discriminate against any individuals working for the employer. California legally considers employment discrimination even if the individual is unpaid, an intern, an apprentice, or a volunteer.
How does California view employment discrimination against pregnant women?
A pregnant employee may experience employment discrimination if the employer does not allow the pregnant employee time off. Under California law, employers with five or more employees must allow up to four months of leave for a pregnant employee. If an employer does not allow the pregnant employee time off, California considers their actions as employment discrimination.
Is sexual harassment in the workplace employment discrimination?
If an employee believes someone sexually harassed them in the workplace, California will determine whether the behavior qualifies as employment discrimination and sexual harassment. All California employees must complete sexual harassment training. An employee may violate employment discrimination if another employee believes they do not abide by the training.
What can I receive if I suffer from employment discrimination?
California law may provide discriminated employees with the following remedies:
- Attorney’s fees
- Emotional damages
- Punitive damages
- Lost earnings
- Future lost earnings
- Reinstatement
- Promotion
- Out-of-pocket expenses
- Company policy changes
- Training
- Additional reasonable accommodations.
Related: California Final Paycheck Laws: Explained
How can I complain about employment discrimination?
If an employee experiences employment discrimination, they can file a complaint to the DFEH using the correct intake forms. An employee can complete a complaint online or through the mail. The filing employee must provide all information about the employment discrimination, including the involved individuals’ names. The DFEH will confirm the employment discrimination case if the described act explicitly violates California law on employment discrimination.
How long do I have to file the employment discrimination complaint in California?
Employees may file employment discrimination complaints up to three years after the discrimination occurred by California law.
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If you or a loved one would like to learn more about California Employment Discrimination FAQs, get your free consultation with one of our Employment Attorneys in California today!