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Workplace Discrimination Laws in California ::
Whistle Blowing and Termination
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Discrimination
in California: Race, Color, National Origin, Religion,
Age,
Disability, Pregnancy, Sex and Sexual Orientation
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There are many different types of harassment and discrimination.
In California, there are laws protecting employees on their race,
color, national origin, religion, age, disability, pregnancy, sex
and sexual orientation. Further, employers cannot terminate employees
for certain public policy reasons. Workplace harassment and workplace
discrimination can result in wrongful termination, hostile work
environment, and demotion. The following is based on California
employment law.
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California Labor
Laws On Workplace Discrimination |
For discrimination on the job, the employee has to
be a member of a protected class. In California, protected classes include
race, color, national origin, religion, age, disability, sex and
sexual orientation.
There are two different types of discrimination, disparate treatment
and disparate impact:
Disparate Treatment - Disparate treatment means simple discrimination.
This is treating a person differently because of a protected class,
like sex or race. Slurs, offensive "jokes" and comments,
or other actions against people in protected classes unlawful discrimination
if the conduct creates an intimidating, hostile, or offensive working
environment, or interferes with work performance.
Disparate Impact - Disparate impact is where a company policy
excludes certain individuals from the job or from promotions. For
example, a company required all new hires to have high school diplomas,
even for janitor positions. African Americans in the company's
geographic area had far less education than whites and were far
less likely to have high school diplomas. Since a high school diploma
had nothing to do with holding a janitor's job, and the company's
policy excluded many blacks, this was considered disparate treatment.
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Whistle Blowing, Termination
and Demotion Based in Contravention
of Public Policy
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The law will not allow employers to terminate, demote or harass
their employees for certain reasons, such as race, color, national
origin, religion, age, disability, pregnancy, sex and sexual orientation.
People who have suffered for these reasons have a remedy in the
courts.
Along the same lines, the law protects "whistle blowers." Whistle
blowing is when an employee informs government or law-enforcement
agency that their employer is breaking the law. An employer cannot
retaliate against an employee for whistle blowing.
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Employers Cannot Permit Retaliation
Against Employees Who Complain
About Discrimination
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As in sexual harassment law, employers have a duty to prevent racial
discrimination in the workplace, and they must permit employees
to seek management's helping preventing it. Employees are
protected from retaliation if they complain about racial
harassment or discrimination. Employers cannot punish employees
directly or indirectly for making complaints, assisting or
opposing any prohibited practices such as sexual harassment
and racial discrimination. If an employer does retaliate,
an employee has grounds for a lawsuit.
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Remedies
for Employees |
Employees who are subject to unlawful
termination and harassment may be able to recover the following:
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Past lost wages and other benefits
- Future lost wages and benefits
- General damages - This includes emotional distress and pain and
suffering
- Punitive damages
- Attorneys fees
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Harris & Kaufman Can Help You |
Harris & Kaufman Law Firm is dedicated
to representing employees in disputes against their employers to
do with workplace discrimination in California. Our lawyers are
experienced and have had numerous trials, arbitrations, and appeals
and have litigated on behalf of thousands of employees.
They have represented workers in state and federal
court and in administrative proceedings before the Labor
Commissioner. Determined and aggressive, our cases include individual
disputes and class action lawsuits.
We are aggressive
and experienced lawyers and can help enforce your rights under
Ca state law. Based in Sherman Oaks,
Cal. we serve greater Los Angeles, Orange County, Ventura
County, San Diego, San Francisco, Oakland, and have cases statewide.
Think
you have a claim? Email
Here
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