Workplace Discrimination Claims Against Employers
The various laws governing workplace discrimination include:
- Title VII of the Civil Rights Act of 1964: This federal law prohibits employment discrimination based on race, color, religion, sex, or national origin.
- Age Discrimination in Employment Act (ADEA): This law forbids age discrimination against people aged 40 or older.
- Americans with Disabilities Act (ADA): This law prohibits discrimination against individuals with disabilities in all areas of employment.
- Equal Pay Act (EPA): This law protects workers who perform substantially similar work in the same establishment from sex-based wage discrimination.
- California Fair Employment and Housing Act (FEHA): This state law prohibits employment discrimination based on race, color, national origin, religion, age, disability, sex, gender identity, gender expression, or sexual orientation.
Anti-discrimination laws apply to all aspects of employment, from job advertising to hiring, compensation, promotions, layoffs, transfers, training, assignments, benefits, firing, and more. Employers cannot make employment decisions based on the protected characteristics under these laws.
Protected Characteristics
Protected characteristics refer to the categories of legally prohibited discrimination.
These include:
- Race, color, or national origin: This involves treating someone unfavorably because they are of a certain race, because of personal characteristics associated with race, because of their skin color, ethnicity, ancestry, or because they are from another country.
- Age: This encompasses treating an applicant or employee less favorably because of their age (over 40).
- Sex: This includes treating someone unfavorably because of that person's sex, gender, or sexual orientation.
- Religion: This involves treating a person unfavorably because of religious beliefs.
- Disability: This includes treating a qualified individual unfavorably simply because of their disability.
- Pregnancy: This involves treating a woman unfavorably because of pregnancy, childbirth, or medical conditions related to either.
- Veteran status: This refers to unfair treatment of an individual based on their past, present, or future military service.
These types of discrimination are defined as, “When a person’s ____ (fill in with one of the types of discrimination listed above) becomes a factor in any decision about whether or not a person can obtain a particular position.” This is not only defined as employment discrimination, but it is also illegal and opens a company up to lawsuits.
Workplace Retaliation & Bullying
Employer retaliation against a worker or job applicant who reports discrimination is unlawful. This occurs when an employer punishes the person in some way, such as dismissal, demotion, harassment, or any other adverse action.
Bullying is an act that does significant harm, mentally and physically, to an employee by an employer or another employee. This can encompass a range of behaviors, including intimidation, humiliation, or undermining of a worker's ability.
While specific laws making workplace bullying illegal do not exist, various federal and state laws protect employees from harassment and hostile work environments, which bullying may constitute. This, however, opens cases up to interpretation, and employers may be caught up in hearsay and speculation. In these instances, it is important to work with a firm that can help protect your rights as a business owner.
Workplace Harassment
Harassment is a form of discrimination that includes unwanted conduct based on a protected characteristic. Sexual harassment, a particular form of harassment, involves unwanted sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature.
A hostile work environment arises when harassment becomes so severe or pervasive that it alters the conditions of employment and creates an abusive working environment.
In the era of #MeToo, employers can never be too careful about educating their staff about sexual harassment. Education is prevention, and prevention is the key to avoiding this common liability. At Smith Dollar, we can provide preventative counsel, creating policies, procedures, and training to protect your company from unnecessary, costly, and time-consuming claims and lawsuits.
Be Proactive
Addressing potential missteps is critical to protecting yourself and your company from discrimination or harassment complaints. Rather than waiting to respond to a claim, you can be proactive and enlist assistance from our legal advisors, who can help prevent claims from taking place by putting policies and procedures in place.
However, should a complaint be reported, working with a law firm that focuses on employment discrimination or harassment is critical. Smith Dollar can handle the post-event management, investigation, documentation, and resolution of such matters. We have represented countless businesses and corporations against claims of this nature. Our attorneys have decades of experience defending employers throughout Sonoma County and the North Bay area.
Contact us online or at (707) 405-7391 for legal assistance today.
