There are many types of employment discrimination that are prohibited under state and federal law. If you believe that you have been discriminated against, it is important to consult with a San Francisco discrimination attorney as soon as possible. Learn more about the types of discrimination that are prohibited in all California workplaces.
The Age Discrimination in Employment Act is a federal law that prohibits employers from discriminating against employees who are age forty or older. This applies to discrimination in any employment decision, such as hiring, promotions, discipline, training, benefits, assignments, layoffs, and any other term or condition of employment. It is also illegal to harass a worker based on his or her age. As with sexual harassment, age harassment is prohibited when it creates an intimidating, hostile or offensive work environment.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based upon a person’s race, color, or national origin. It is important to note that immigration status is separate from a person’s national origin. If a person does not have legal permission to work in the United States, an employer can choose not to hire them without violating discrimination laws – even though the prospective employee’s national origin is at issue. Like other forms of discrimination, racial discrimination applies to all terms and conditions of employment.
For many years, gender discrimination was seen simply as treating a female employee differently than a male employee. The Equal Pay Act was an early remedy to address this most basic form of gender discrimination. But the issue is far more complex, and discrimination laws have expanded widely to cover a much broader range of discrimination that is based on an employee’s gender.
The late Supreme Court Justice Ruth Bader Ginsburg successfully argued that pregnancy discrimination is due to the fact that the employee is a woman and is, therefore, a prohibited form of gender discrimination. Sexual harassment was similarly held to be based upon an employee’s gender – thus making employers who allowed sexual harassment to persist liable for prohibited gender discrimination. In more recent times, gender discrimination has also been expanded to protect sexual orientation and gender identity.
Employment laws also protect employees from retaliation for reporting illegal discrimination. Only specific acts are protected, so it is important to consult with a lawyer before you report any discrimination. For example, reporting violations to a supervisor, human resources, the Equal Opportunity Employment Commission or the California Department of Fair Employment and Housing is protected. But running a smear campaign on social media accusing your employer of discrimination is not protected – in fact, it could make you liable for defamation. This is why it is so important to work with an experienced discrimination lawyer as soon as you suspect that you have become a victim of prohibited workplace discrimination.
The experienced employment lawyers at Minnis & Smallets LLP know how to protect your legal right to be free from discrimination in the workplace. Contact us today to schedule a consultation with one of our experienced San Francisco employment discrimination attorneys. The sooner you hold an employer accountable for prohibited discrimination, the safer California workplaces will be for all employees.
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