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Discrimination in the workplace can be devastating, leaving employees feeling helpless and marginalized. Fortunately, California law provides strong protections against discrimination based on protected characteristics such as age, race, gender, sexual orientation, disability, and religion. At Nabati Law, our experienced discrimination lawyers are committed to helping employees protect their rights and fight against all forms of discrimination in the workplace.

What is Workplace Discrimination?

Workplace discrimination is when an employee is treated unfairly or differently because of their protected characteristic. California law prohibits workplace discrimination, including but not limited to:

• Race and color
• National origin and ancestry
• Religion
• Age (40 and over)
• Disability, mental or physical
• Medical condition, such as cancer or genetic characteristics
• Pregnancy or childbirth
• Gender, gender identity, and gender expression
• Sexual orientation

Discrimination at work can take many forms and can occur in various situations. Some examples of discrimination at work include:

  1. Hiring: An employer refuses to hire a job applicant because of their race, religion, age, gender, or other protected characteristic.
  2. Promotion: An employer promotes a less-qualified employee over a more qualified employee because of their gender, race, or other protected characteristic.
  3. Pay: An employer pays female employees less than male employees for performing the same job duties and responsibilities.
  4. Harassment: An employer or co-worker creates a hostile work environment by engaging in unwanted conduct, such as sexual advances, racial slurs, or derogatory comments.
  5. Retaliation: An employer takes adverse action against an employee, such as termination or demotion, because the employee complained about discrimination or harassment.
  6. Denial of Accommodation: An employer refuses to provide a reasonable
    accommodation to an employee with a disability or religious belief, which makes it difficult for the employee to perform their job duties.
  7. Stereotyping: An employer assumes that an employee will not be able to perform a job because of their gender, age, or disability, and does not give them a chance to demonstrate their abilities.

The laws prohibit employers from discriminating against employees or job applicants based on any of these characteristics in any aspect of employment, including hiring, firing, promotion, pay, and working conditions.

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California Laws Preventing Discrimination in the Workplace

California employment laws regarding discrimination are designed to protect employees from discrimination in the workplace based on certain protected characteristics. These laws are some of the strongest in the country and include:

  1. Fair Employment and Housing Act (FEHA): FEHA is California's primary anti-discrimination law. It prohibits discrimination based on protected characteristics such as race, color, national origin, religion, age, disability, medical condition, pregnancy, gender, gender identity, and sexual orientation in all aspects of employment, including hiring, firing, promotion, and working conditions.
  2. Equal Pay Act: The Equal Pay Act requires employers to pay employees of different sexes, races, or nationalities equal pay for equal work. It also prohibits employers from paying employees less than opposite-sex employees for substantially similar work.
  3. Unruh Civil Rights Act: The Unruh Civil Rights Act prohibits discrimination based on sex, race, color, religion, ancestry, national origin, age, disability, medical condition, marital status, or sexual orientation in any business establishment.
  4. Ralph Civil Rights Act: The Ralph Civil Rights Act prohibits discrimination based on sex, race, color, religion, ancestry, national origin, age, disability, medical condition, or sexual orientation in all businesses and government agencies.
  5. Whistleblower Protections: California law prohibits retaliation against employees who report discrimination in the workplace or who participate in investigations or legal proceedings related to discrimination claims.

Overall, these laws are designed to promote a fair and equal workplace for all employees in California and provide strong protections against discrimination.

In addition, California law prohibits harassment based on these protected characteristics, including sexual harassment, and provides strong protections against workplace harassment.

Federal Laws Preventing Discrimination in the Workplace

Federal employment laws regarding discrimination are designed to protect employees from discrimination in the workplace based on certain protected characteristics. The most important federal employment laws related to discrimination include:

child being discriminated against
  1. Title VII of the Civil Rights Act of 1964: Title VII prohibits discrimination based on race, color, religion, sex, and national origin in all aspects of employment, including hiring, firing, promotion, and working conditions.
  2. Age Discrimination in Employment Act (ADEA): The ADEA prohibits discrimination based on age against employees who are 40 years of age or older.
  3. Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to enable disabled employees to perform their job duties.
  4. Equal Pay Act (EPA): The EPA requires employers to pay employees of different sexes, races, or nationalities equal pay for equal work. It also prohibits employers from paying employees less than opposite-sex employees for substantially similar work.
  5. Pregnancy Discrimination Act (PDA): The PDA prohibits discrimination against pregnant employees and requires employers to treat pregnancy-related conditions like other medical conditions.
  6. Genetic Information Nondiscrimination Act (GINA): GINA prohibits discrimination based on genetic information in all aspects of employment.
 
Overall, these federal employment laws are designed to promote a fair and equal workplace for all employees in the United States and provide strong protections against discrimination. If you have experienced discrimination based on any of these characteristics in the workplace, our experienced employment lawyers can help.

As an employee in California, you have the right to:

• Be free from discrimination in the workplace
• Report discrimination to your employer without fear of retaliation
• File a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of the discriminatory act
• Seek legal representation to protect your rights and pursue compensation for damages

How We Can Help

At Nabati Law, we understand the devastating impact of discrimination on employees and their families. That’s why we work tirelessly to protect the rights of our clients and fight against all forms of discrimination in the workplace. Our team of experienced discrimination lawyers can help you:

• Understand your legal options and rights under California law
• Gather evidence to support your discrimination claim
• File a complaint with the DFEH and represent you throughout the process
• Pursue compensation for damages, including lost wages, emotional distress, and punitive damages

At Nabati Law, we have a proven track record of success in protecting the rights of employees who have been victims of discrimination in the workplace. We understand the unique challenges that employees face when fighting against discrimination and are committed to providing compassionate and effective representation to every client. When you choose us, you can expect:

• Personalized attention and communication throughout your case
• Experienced and knowledgeable discrimination lawyers who are dedicated to protecting your rights
• A track record of success in obtaining favorable outcomes for our clients
• A commitment to working on a contingency fee basis, which means you don’t pay unless we win your case

Contact Us Today

If you or someone you know has been the victim of discrimination in the workplace, don’t wait to seek legal representation. Contact Nabati Law today to schedule a free consultation with one of our experienced discrimination lawyers. We’re here to help you protect your rights and pursue justice.

Frequently Asked Discrimination Questions

Discrimination in California refers to treating someone unfairly because of their protected characteristics, such as age, race, gender,
sexual orientation, disability, and religion.

California law prohibits several types of discrimination, including but not limited to age discrimination, race discrimination, gender discrimination, disability discrimination, pregnancy discrimination, and religious discrimination.

If you experience discrimination at work in California, it’s important to document the discrimination, report it to your employer or HR department, and seek support from friends or family. You may also want to consider contacting a lawyer to protect your rights and pursue compensation for damages.

In California, you have three years from the date of the discrimination to file a complaint with the California Department of Fair Employment and Housing (DFEH). However, it’s recommended to take action as soon as possible to protect your rights and ensure the best outcome for your case.

If you experience discrimination in California, you have the right to file a complaint with the DFEH, seek legal representation to protect your rights, and pursue compensation for damages. You also have the right to be free from retaliation or discrimination for reporting discrimination.

Disparate treatment discrimination occurs when an employer intentionally treats an employee or group of employees differently based on their protected characteristics, while disparate impact discrimination occurs when an employer’s policies or practices have an adverse impact on a protected group, even if there is no intent to discriminate.

The amount of compensation you can receive for a discrimination claim in California will depend on the specific circumstances of your case, including the severity of the discrimination and the damages you suffered. An experienced discrimination lawyer can help you understand your legal options and pursue fair compensation for your damages.

When looking for a discrimination lawyer in California, you should look for someone with experience handling discrimination cases, a deep understanding of California employment law, and a commitment to protecting your rights and pursuing justice on your behalf. You should also look for a lawyer who offers a free consultation and works on a contingency fee basis.