There are many types of discrimination that are prohibited in the workplace. If you believe you have been discriminated against in the hiring process, in the terms and conditions of your employment, in disciplinary actions, or in the termination of your employment, it is important to consult with a San Francisco discrimination lawyer as soon as possible. Enforcing your right to be free from discrimination in the workplace will ensure that other innocent employees do not have to suffer discrimination in the future.
Title VII of the Civil Rights Act of 1964 makes it illegal for any employer to discriminate against an employee on the basis of race, color, religion, sex, and national origin. This applies to all employment decisions, such as recruitment, hiring, terms and conditions of employment, disciplinary action, and termination of employment.
The Equal Pay Act of 1963 also makes it illegal to offer different wages or benefits on the basis of a person’s gender. This is tested by looking at employees who perform substantially similar work in the same establishment.
The Age Discrimination in Employment Act of 1967 protects persons aged forty and older from discrimination based upon age, and discrimination based upon disabilities is prohibited under both the Americans With Disabilities Act and the Rehabilitation Act.
California has some of the most comprehensive anti-discrimination laws in the nation. It is one of the states that prohibits discrimination on the basis of sexual orientation. This is important because, under federal law, such discrimination is allowed. Recent amendments to the law have also enacted many protections for gender identity and expression. For example, you have the right to use the restroom or locker room that conforms with your gender identity. Your employer cannot require you to use the facilities that correspond with the gender on your birth certificate.
Also, unless the employer can prove “business necessity,” it cannot force you to dress or groom in a way that conflicts with your gender identity. (You are also allowed to groom and dress in conformity with your religious practices.) An example of business necessity might be an acting role that requires a specific look for the part.
A new development in employment discrimination law is genetic discrimination. An employer cannot discriminate against you based upon medical conditions or genetic information. This is a developing area of law that is changing as genetic testing becomes more widely available.
There are other types of discrimination that are prohibited under state law. It is important to consult with your own lawyer to determine whether any of these laws apply to your situation.
California employees have the right to be free from discrimination in the workplace. At Minnis and Smallets, we fight hard to protect this right. This discourages other employers from engaging in discrimination. It also protects your legal right to be compensated for the discrimination you have suffered. Contact us today to schedule a consultation.