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    My employer discriminated against me… What are my rights?

    As an employee, you are protected by both Federal and state laws against discrimination. In fact, California’s employment and labor laws are some of the strongest and most employee friendly in the nation. The Fair Employment and Housing Act (known as “FEHA”) gives Californians protections from discrimination based on many different criteria. It is enforced by the Department of Fair Employment and Housing (“DFEH”).

    Employees are protected throughout their entire employment process, meaning from hiring all the way through to discharge. This will include job applicants who are not yet employed by a company or employer. So discrimination that occurs during the application process can also be illegal and entitle an individual to compensation.

    Overview of FEHA

    The Fair Employment and Housing Act (FEHA) is codified in the California Government Code Sections 12900-12996. It applies to public and private employers, labor organizations, and employment agencies with five or more employees. FEHA prohibits discrimination, harassment, and retaliation based on protected characteristics and mandates reasonable accommodations for employees with disabilities.

    How do I know if my employer discriminated against me?

    Discrimination takes many forms. It can be overt. But far more often it is more subtle and less obvious. Discrimination generally occurs when an employee or job applicant receives different/less favorable treatment as a result of them having particular trait or characteristic that is protected.

    Discriminatory behavior by employers typically takes two forms. One type of discrimination targets a specific employee and is the kind of discrimination that people generally think of. In this form of discrimination, the employer must have the intent to discriminate against you.

    In this situation an employer may demote, refuse or fail to hire, harass, treat differently, or take some other form of negative action against an individual based on a protected characteristic. For example: an employer not hiring a potential employee because of their race or passing an employee up for a promotion because she is a woman. However, other forms of this type of discrimination may be less obvious, like exclusions from meetings, change in an employee’s workload, reduced hours or pay, mocking or making jokes about an individual’s ethnic background, accent, or foreign name.

    The second general category of discriminatory behavior occurs when an employer creates a particular company policy that applies across the board to all employees, however the policy ends up having a more negative impact on a certain group of employees who have a particular characteristic. So an employer may not even have the intent to discriminate, but ultimately as a result of their policy discrimination occurs. The employer may still be liable for discrimination, though they didn’t have a bad intent or motivation, because employees are adversely impacted. An example of this may involve having certain strength requirements for an application that may screen out disproportionate numbers of female applicants.

    As previously mentioned, discrimination may be hard to spot. Generally, if an employee suffers some negative or adverse impact as a result of having a protected characteristic, they may have been the victim of discrimination and have rights. Also, it is important to keep in mind that anyone can discriminate. An African American supervisor can discriminate against an African American employee. A female employer can discriminate against a female job applicant.

    What Constitutes Discrimination Under FEHA?

    Discrimination under FEHA occurs when an employer takes adverse action against an employee or job applicant based on a protected characteristic. Adverse actions can include:

    Refusing to hire or terminating an employee based on a protected characteristic.

    Denying promotions or demoting employees due to their protected status.

    Providing unequal pay or benefits based on discriminatory reasons.

    Assigning less favorable job duties or positions due to discrimination.

    Denying access to training programs or apprenticeships.

    Creating a hostile work environment or subjecting employees to different working conditions based on a protected characteristic.

    Protected Characteristics Under FEHA

    FEHA protects employees and job applicants from discrimination based on the following characteristics:

    Discrimination based on an individual’s race or skin color.

    Discrimination based on religious beliefs, practices, or observances.

    Discrimination based on an individual’s country of origin, ethnicity, or ancestry.

    Discrimination against individuals with physical or mental disabilities, including HIV and AIDS.

    Discrimination based on medical conditions, such as cancer or genetic characteristics.

    Discrimination based on genetic information, including family medical history.

    1. Discrimination based on whether an individual is single, married, divorced, widowed, or separated.

    Discrimination based on sex, gender identity, gender expression, pregnancy, childbirth, or related medical conditions.

    Discrimination based on an individual’s sexual orientation.

    Discrimination against individuals who are 40 years of age or older.

    Discrimination based on an individual’s military service or veteran status.

    Discrimination based on an individual’s reproductive health decisions.

    Employer Obligations Under FEHA

    Employers have several obligations under FEHA to ensure a discrimination-free workplace:

    Employers must implement and enforce policies that prohibit discrimination, harassment, and retaliation based on protected characteristics.

    Employers must provide reasonable accommodations for employees with disabilities, religious beliefs, or pregnancy-related conditions. This includes modifying work duties, providing assistive devices, or adjusting work schedules.

    Employers with five or more employees must provide sexual harassment prevention training to all supervisory and non-supervisory employees. This training must be conducted every two years.

    Employers must establish procedures for employees to report discrimination, harassment, and retaliation. These procedures should ensure that complaints are investigated promptly and thoroughly.

    Employers are prohibited from retaliating against employees who assert their rights under FEHA, such as filing a complaint or participating in an investigation.

    Remedies for Discrimination Under FEHA

    Employees who suffer discrimination in the workplace have several remedies available under FEHA:

    Employees can recover lost wages and benefits from the date of the discriminatory action to the date of judgment or settlement.

    In cases where reinstatement is not feasible, employees may be awarded front pay, which compensates for future lost wages and benefits.

    Employees may be entitled to compensatory damages for emotional distress, pain and suffering, and other non-economic losses resulting from the discrimination.

    In cases involving egregious conduct by the employer, such as intentional discrimination or retaliation, employees may be awarded punitive damages. These damages are intended to punish the employer and deter similar conduct in the future.

    Employees who prevail in discrimination lawsuits may be entitled to recover their attorney’s fees and court costs. This ensures that employees can afford to pursue legal action if necessary.

    In some cases, employees may be reinstated to their former position with appropriate accommodations. This remedy is more common in cases involving public sector employees or where the employment relationship can be restored.

    Case Studies and Examples

    To illustrate the application of these laws, consider the following examples:

    John, an African American employee, was passed over for promotion multiple times despite being highly qualified. He discovered that less qualified white employees were promoted instead. John filed a complaint with the CRD, which found that his employer had engaged in racial discrimination. John was awarded back pay, compensatory damages for emotional distress, and attorney’s fees.

    Maria, an employee with a physical disability, requested a reasonable accommodation to modify her workstation. Her employer refused and terminated her employment. Maria filed a lawsuit, and the court ruled in her favor, awarding her back pay, front pay, compensatory damages, and punitive damages for the employer’s intentional discrimination.

    Sarah, a pregnant employee, was demoted after informing her employer of her pregnancy. She filed a complaint with the CRD, which determined that her employer had violated FEHA by discriminating against her based on her pregnancy. Sarah received back pay, compensatory damages, and reinstatement to her original position.

    The Fair Employment and Housing Act (FEHA) provides comprehensive protections for employees in California, ensuring that they are free from discrimination, harassment, and retaliation in the workplace. Employers have several obligations under FEHA to create a discrimination-free environment and provide reasonable accommodations for employees with disabilities, religious beliefs, or pregnancy-related conditions. Employees who suffer discrimination have several rights and remedies available to them, including filing complaints, seeking damages, and pursuing legal action.

    If you believe your employer has violated your rights under FEHA, we encourage you to contact us for a comprehensive evaluation of your case. Together, we can ensure that your rights are protected and that justice is served.

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