Employment Discrimination/Harassment/Retaliation

Discrimination is prohibited at the workplace based upon numerous protected classes. Discrimination generally occurs when an employee is intentionally treated differently because of a protected status. The California Fair Employment and Housing Act makes it illegal for an employer from taking adverse action against an individual based on his or her race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (40 or over), or sexual orientation. The prohibited adverse actions may include the following: refusing to hire; refusing to select the person for a training program leading to employment; discharging the person from employment or from a training program leading to employment; or discriminating against the person in compensation or in terms, conditions, or privileges of employment.

It is also illegal for an employer to take adverse action due to the perception that the aggrieved person belongs to any of the above protected characteristics, even if he or she does not. Further, it is illegal for an employer to take adverse action because the aggrieved person is associated with another person who has or is perceived to have any of the above protected characteristics.

Additionally, the California Fair Employment and Housing Act makes it illegal for an employer or a person to harass an employee, an applicant, or a person providing services pursuant to a contract because of the person’s race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (40 or over), or sexual orientation.

Sexual harassment includes unwelcome sexual advances and other verbal, physical or visual conduct of a sexual nature that has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment. Sexual harassment may include but is not limited to unwanted sexual advances or request for sexual favors, unwanted physical touching, offensive sexual remarks, leering and sexual gestures, and displaying sexually suggesting pictures or objects.

Moreover, among other things, the California Fair Employment and Housing Act also prohibits an employer from retaliating (discharging or otherwise discriminating) against any person for (1) opposing any practices forbidden by the California Fair Employment and Housing Act, or (2) filing a complaint, testifying, or assisting in any proceeding under the California Fair Employment and Housing Act. An employer’s failure to take all reasonable steps necessary to prevent discrimination and harassment from occurring constitutes an unlawful employment practice.

It is also illegal for an employer to retaliate against an employee by taking adverse employment action against the employee because the employee has complained about or reported the employer’s unlawful conduct, including but not limited to discrimination, harassment, illegal practices, unsafe or unhealthy working conditions. Adverse employment action may include but is not limited to termination, demotion, refusal to hire or promote, denial of raises, disadvantageous transfers or assignments, or negative performance reviews.

The above information is a general explanation of the law and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an attorney who has experience in employment law matters.

Copyright © Frank Hakim, Esq.