Workplace Discrimination Under State Law
The California Fair Employment and Housing Act (FEHA) prohibits workplace discrimination based on various protected characteristics, including color, race, sex, marital status, gender identity, sexual orientation, religion, national origin, ancestry, disability, medical condition, genetic information, requests for family or medical leave, pregnancy disability leave, and age over 40.
You may have a claim under FEHA if your employer discriminates against you due to a protected characteristic. Discrimination includes any adverse action affecting the terms or conditions of employment, such as failure to hire, termination, demotion, failure to promote, disparate pay, harassment, or failure to provide a reasonable accommodation. Our Los Angeles employment attorneys can help you sue for damages under FEHA. For example, you might have a case if you were denied a promotion because of your race or were denied a reasonable accommodation for a medical condition like cancer.
FEHA also prohibits retaliation against individuals who make complaints or engage in protected activities under FEHA. This protection extends to those assisting or providing testimony in good faith for another employee's discrimination claim.
Federal laws prohibiting discrimination based on protected characteristics include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). These laws cover midsize to large employers and are enforced by the Equal Employment Opportunity Commission (EEOC). Title VII, for instance, forbids discrimination based on race, color, national origin, religion, or sex.
Remedies for Employment Discrimination
If we can prove discrimination under FEHA, you may be entitled to recover back pay, front pay, and emotional distress damages. Reinstatement or injunctive relief might also be possible. In cases of egregious employer misconduct, punitive damages may be awarded to punish and deter future wrongdoing. Federal anti-discrimination laws enforced by the EEOC cap damages based on the employer's size.
Leaves of Absence
State and federal laws provide leave under specific circumstances. The federal Family and Medical Leave Act (FMLA) offers eligible employees of covered employers 12 weeks of unpaid, job-protected leave for various situations, including the birth or placement of a child and the illness of an employee or their family member. The FMLA applies to employers with at least 50 employees. The California Family Rights Act (CFRA) provides similar leave.
In addition to CFRA and FMLA, if your employer has at least five employees and you become disabled by pregnancy, they must provide pregnancy disability leave under state law. The California Pregnancy Disability Leave Law allows for up to four months of leave. You should not face retaliation for seeking this leave due to pregnancy-related disability.
Wage and Hour Laws
Your wages should be paid according to state, federal, and local laws. We represent clients in wage and hour disputes, including violations of minimum wage laws, overtime violations, improper classification, denial of regular meal and rest breaks, improper vacation and leave practices, and more.
Consult a Dedicated Employment Lawyer in the Los Angeles Area Serving All of California
If you are concerned about potential legal violations at your workplace, speak to an experienced attorney. At SAW LAW GROUP, we fight for employees throughout California. Call us at 310.765.2009 or contact us via our online form. We can also arrange remote consultations upon request.
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