Employment discrimination is prohibited under federal and state law in California. Discrimination can occur in the hiring process, during employment, or in the decision to terminate an employee. Employees should know their rights when it comes to discrimination, and employers should understand their responsibilities to prevent and investigate discrimination allegations.
To learn more, you should speak with a Marin County discrimination lawyer.
Employment discrimination can take many forms. Discrimination based on a person’s membership in a protected class is unlawful. Examples of workplace discrimination include but are not limited to:
Whether you file a federal or a state claim, you will need to go through administrative channels–known as exhausting administrative remedies–before you can be eligible to file a lawsuit. An individual exhausts his or her administrative remedies by filing a charge of discrimination with the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. Filing a charge of discrimination with one of these agencies will preserve the employee’s ability to bring a lawsuit in court. The employee should contact a Marin County discrimination attorney to find out the deadline for exhausting administrative remedies.
Sexual harassment is a form of sex discrimination. Both sex discrimination and sexual harassment are prohibited by federal and state law:
Title VII of the Civil Rights Act of 1964 also prohibits discrimination on the basis of race, color, national origin, and religion. It is unlawful under federal law for an employer to discriminate on these bases, and an employee may be able to file a claim through the EEOC.
The FEHA also prohibits these forms of discrimination under California state law, and employees may be able to file claims through the DFEH.
Discrimination against an individual on the basis of her disability is also prohibited under federal and state law:
ADA claims must go through the EEOC, while FEHA claims must go through the DFEH. When an employer refuses to consider a leave of absence as a reasonable accommodation, this also may constitute disability discrimination.
If you have questions about discrimination claims, you should reach out to a Marin County disability discrimination attorney. Contact Minnis & Smallets LLP today.