California Government Code Section 12926
FEHA safeguards employees and job applicants against discriminatory practices in hiring, terminations, training program selections, compensation, and terms, conditions, or privileges of employment. Employers must treat employees with protected personal characteristics equally in all aspects of employment, including compensation, benefits, job progression, seniority, rest periods, and meal breaks. Employees should advance based on their skills, experience, and performance, not be hindered by prejudices related to age, race, disability, etc.
Disparate Treatment Discrimination
The most recognizable form of discrimination is Disparate Treatment, where an employer intentionally discriminates against an employee due to a protected personal characteristic. This often requires a close examination of the circumstances, as overt admissions of discriminatory intent are rare. For example, an employee who is terminated shortly after announcing her pregnancy, despite consistent or improving job performance and no company downsizing, may have grounds for a Disparate Treatment claim.
Disparate Impact Discrimination
Disparate Impact Discrimination occurs when an employer's seemingly neutral policy or practice disproportionately affects employees with a protected personal characteristic. This includes policies like performance evaluations or promotion tests that unduly impact a protected group and cannot be justified as a business necessity.
Proving a Discrimination Claim
To successfully claim discrimination, a plaintiff must generally establish a prima facie case by providing evidence that:
1.
The employer is covered under FEHA (employs 5 or more workers),
2.
The plaintiff was an employee or job applicant of the employer,
3.
The plaintiff belongs to a protected class (e.g., has a physical disability),
4.
The plaintiff was performing her job competently or was qualified for the job,
5.
The plaintiff experienced an adverse employment action (e.g., termination, demotion) under circumstances suggesting a discriminatory motive.
This initial showing creates a presumption of discrimination, shifting the burden to the employer to produce evidence of a legitimate, nondiscriminatory reason for the adverse action. If the employer provides such evidence, the presumption of discrimination disappears, but the employee can still prove discrimination by demonstrating that the employer’s stated reason is a pretext and presenting any additional evidence of discriminatory intent.
For more detailed guidance and support on employment discrimination matters, contact SAW LAW GROUP. We are committed to ensuring justice and fair treatment in the workplace.
