Discrimination

Employment Discrimination laws seek to prevent discrimination based on a variety of biases, including race, sex, religion, physical disability, and several others. Discriminatory practices that are against the law include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment.

In California, the State Constitution and the Fair Employment and Housing Act (Cal.Gov.Code § 12940) prohibit discrimination in employment. The Department of Fair Employment and Housing enforces California’s laws against discrimination and harassment. The federal government has promulgated several laws that prohibit discrimination at work. For further information on the topic of workplace discrimination, please visit www.fightdiscrimination.net.

Harassment / Hostile Work Environment

Harassment at work can take many forms, including unwanted sexual advances, offering employment benefits in exchange for sexual favors, making or threatening reprisals after a negative response to sexual advances, leering, making sexual gestures, displaying of suggestive objects or pictures, cartoon or posters, making or using derogatory or racial comments, epithets, slurs, and jokes, verbal sexual advances or propositions, verbal abuse of a racial, sexist or sexual nature, graphic verbal commentaries about an individual's body or race, sexually or racially degrading words used to describe an individual, suggestive or obscene letters, notes or invitations, physical conduct: touching, assault, impeding or blocking movements. Certain kinds of harassment may be challenged in a lawsuit.

In California, a victim of harassment must complain to the California Department of Fair Employment and Housing (http://www.dfeh.ca.gov/) or the United States Equal Employment Opportunity Commission (http://www.eeoc.gov/) before bringing a civil suit. It is important that you consult with a legal professional before taking action because strict deadlines and pleading rules apply to such claims. For further information on the topic of workplace harassment, please visit www.fightsexualharassment.com.

The following forms of discrimination and harassment are illegal:

·         Age (over 40)

·         Ancestry

·         Color

·         Disability

·         Family or medical leave

·         Immigration status

·         Marital status

·         Medical condition

·         Military service

·         National origin

·         Pregnancy

·         Racial

·         Religious

·         Union activities

If you are fired for complaining of such discrimination or harassment, you may bring an action for wrongful termination. If you were the victim of the discrimination and harassment, you may also make those claims in your wrongful termination lawsuit.