Other Discrimination

Each of these types of discrimination occur with many California employers. Even in this day and age. It seems strange, right? But it still happens. 

In fact, because it happens more than it should, California even has a law about overlapping discrimination claims of this type.

Generally, all these areas have protections under either federal or California law, or both. 

Discrimination occurs here when an employer treats a job applicant, candidate, or employee differently only because of their protected class. 

Examples include

• Firing
• Job duty changes
• Salary paid
• Benefits offered (or not)
• and anything else that relates to the terms and conditions of the job. 

Further examples include

• An employer decides not to hire someone because they are expressing a gender other than their current biological gender
• An employer decides that an employee can’t be promoted because they have a disability or refuses to reasonably accommodate an employee with a disability
• An employer purposely schedules an employee on a religious holiday that the employer knows the employee can’t work, and/or doesn’t do this to anyone else
• The employer decides that only people of a certain race can have client contact, etc. 

In addition to federal laws, like Title VII, the Americans with Disabilities Act (ADAAA), the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act, Pregnant Workers Fairness Act (PWFA), Uniformed Services Employment and Reemployment Rights Act (USERRA), and various rules under the Equal Employment Opportunity Commission (EEOC). California has its own rules, found in the Fair Employment and Housing Act (FEHA), the California Workplace Religious Freedom Act (WRFA), the California Military and Veterans Code, and in the Labor Code. FEHA is generally stronger than federal law. FEHA applies to employers with five or more employees. 

California has strong pregnancy protections that apply to employers with at least five employees. This discrimination may also show up as a “glass ceiling” where people of a certain religion, gender/gender preference, or who have disabilities, are not promoted beyond their current role, even if they are objectively qualified for the role.

Unfortunately, these types of issues are common in California workplaces. 

But until you discuss the specific facts of your situation with an employment attorney, you won’t know. 

Think you’ve been discriminated against? 

Contact Michael Trust Law, APC today to discuss your situation.