Federal and state laws protect employees and job applicants from discrimination in the workplace, however not all perceived discriminatory practices may be actionable under these laws. To prove an employment discrimination claim, the employee or job applicant will be required to show that he or she was a member of a protected class and was subjected to an adverse employment action.
Employees or job applicants who were discriminated against have the right to file an employment discrimination claim against the employer. However, it is recommended to speak with an Oakland employment discrimination lawyer first. A knowledgeable attorney can ascertain whether or not there is a valid cause of action to proceed with. Employers who are facing employment discrimination lawsuits should also speak with an attorney to prepare a proper defense. The experienced team of Minnis & Smallets LLP, has been helping Oakland employees with labor and employment law needs for years.
In California, the Department of Fair Employment and Housing (DFEH) is the agency responsible for protecting employees and workers from discriminatory practices in the workplace. The FEHA is applicable to employers with five or more employees and provides that employers cannot discriminate or retaliate against employees or prospective employees because of their inclusion in a protected class.
In addition, companies with 50 or more employees are required under the California Family Rights Act (CFRA) to provide leave for employees for:
With the New Parent Leave Act (NPLA), employers who have 20 or more workers must provide employees leave which is job protected for either the birth of their child or for a child that is placed in the employee’s home for foster care or adoption.
Any company who employs five or more people must offer employees up to four months of disability time off due to a pregnancy, childbirth, or any medical condition related to pregnancy and/or childbirth.
These laws prohibit interference, discrimination or retaliation against employees who exercise their legal rights.
Speaking with a knowledgeable Oakland employment discrimination lawyer is recommended in situations in which an employee or prospective employee feels there have been discriminatory actions by an employer. Employers should also review their human resources policies and procedures to ensure there is no risk of violating state or federal employment discrimination laws. Contact Minnis & Smallets LLP at 415-551-0885 to schedule an initial consultation.