Articles Posted in Employment Discrimination

Workers now have one year to file a discrimination or retaliation lawsuit against their employer with the California Division of Labor Standards Enforcement (DLSE) after Gov. Gavin Newsom signed Assembly Bill 1947 into law on Sept. 30.

Before the measure became law, employees had six months after a violation occurred to file a complaint for cases involving discrimination over age, race, sexual orientation, disability, sex and gender, pregnancy, religion, national origin and family responsibilities.

Recovery for retaliation claims can include attorney fees

When employers fail to take job applicants’ or employees’ caregiving obligations into account, they may be guilty of family responsibilities discrimination (FRD).

In California, companies cannot consider an employee’s real or perceived caregiving role to deny raises, promotions, reduce their pay or take other adverse actions, such as harassment and discrimination.

Caregivers face discrimination in many forms

Most employer-employee relationships in California are on an at-will basis, meaning either party can terminate the relationship for almost any reason, with or without cause.

However, wrongful termination occurs when employers fire workers for retaliatory reasons or unlawful motivations, such as discrimination.

Worker protections under California law

America is supposed to be the land of opportunity. They say if you put in the time and effort, you can lead a happy and financially stable life. However, if you’re a minority, your chances of upward mobility may look a little different. According to the American Bar Association, structural racism is still a common problem for many workers today.

Federal and state laws make it illegal for employers to discriminate based on race. However, dominant groups keep the deck stacked in their favor. They often do this by hiring, promoting and giving raises to their own kind, even if they’re not as qualified.

Racial workplace discrimination spans decades in the U.S.

Californians living with a disability already face many challenges in their everyday lives. Those struggles exponentially increase when employers treat them differently in the workplace or the application process.

In addition to the federal Americans with Disabilities Act (ADA), California enforces state laws protecting the disabled, including the Unruh Civil Rights Act, the Disabled Persons Act and the California Fair Employment and Housing Act (CFEHA).

Which disabilities are included?

According to the U.S. Equal Opportunity Commission (EEOC), workplace retaliation continues to be the most frequently filed complaint in California and across the nation. Retaliation claims are often filed after workers experience other forms of discrimination.

Federal and state laws protect employees from discrimination over age, disability, race, sex and gender, sexual orientation, harassment, pregnancy, religion, national origin and family responsibilities. It is also illegal for employers to take action against workers who assert their rights for these protected activities.

Most frequently filed charges

Contact Information