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Category Archives: Discrimination

Employment2

The Ministerial Exception: Can Employees Working for Religious Institutions Sue for Discrimination in California?

By Scott • Wagner and Associates |

Federal and state anti-discrimination laws cover most private employers in California. Among other things, this means an employer cannot fire an employee on the basis of their sex or religious beliefs. But the courts have carved out an important exception to these laws for religious institutions: the ministerial exemption/exception. As explained by the U.S…. Read More »

EqualPay2

California State Law Bars Use of Salary History in Attempts to Justify Paying California Women Less Than Men

By Scott • Wagner and Associates |

“What is your current salary?” “What are your salary expectations?” “What did you make at your last job” For many job seekers, these have historically been expected question at any job interview. However, with the passage of California’s AB 168 (which led to the creation of California Labor Code section 432.3), and as of… Read More »

Employee

Can My Criminal Record Legally Prevent Me From Getting a Job in California?

By Scott • Wagner and Associates |

It is a fact that the conviction rates in America for African Americans and Hispanics are substantially higher rate than whites in the United States. So, if an employer declares it will not hire anyone with a criminal record–regardless of the circumstances or job-requirements–such a policy may have a measurable and adverse impact on… Read More »

EmplLaw

Can A California Employer Fire Someone For Having A Workplace Romance?

By Scott • Wagner and Associates |

Forbes magazine reports results from a recent survey finding that four out of 10 employees have dated someone at work; 17 percent have done it twice. But what about those workplace policies banning fraternization or interoffice relationships?  Are they legal? And can you be subject to disciplinary action (or even termination) if your employer… Read More »

DisabledEmp

Reasonable Accommodation and the Rights of Disabled Employees in California

By Scott • Wagner and Associates |

Most employees working for employers of five (5) or more employees are covered under the state disability laws in California – and those working with bigger companies may also be covered under the federal disabilities laws . The Americans With Disabilities (ADA) covers businesses with at least 15 workers, while the California Fair Employment… Read More »

Marijuana

Is It Legal to Discriminate Against an Employee Who Uses Medical Marijuana in California?

By Scott • Wagner and Associates |

California law traditionally protects employees from workplace discrimination based on a medical condition. But the law also permits employers to conduct drug testing of employees, under certain circumstances, to screen for the presence of illegal drugs. This can present a problem for patients who require medical marijuana to treat a legitimate medical condition. Although… Read More »

Discrim5

Will California Take Steps to Stop “Familial Status” Discrimination?

By Scott • Wagner and Associates |

Although laws prohibiting sex discrimination in employment have been on the books in California for decades, women still face an uphill battle in many workplaces to be free from discrimination. One reason for this is that while some employers may not harbor any bias against women in general, they may still feel that certain… Read More »

Disabled

Working with a Disability: Your Rights as a Employee in California

By Scott • Wagner and Associates |

With the passage of the Americans With Disabilities Act nearly three decades ago, employees working for covered employers gained protections from discrimination on the basis of their disability as well as assurances of the rights to accommodations for their disability. In California, the Fair Employment and Housing Act (FEHA) contains even stronger protections for… Read More »

Discrim4

What is the California Department of Fair Employment and Housing and What Happens After I File a Complaint?

By Scott • Wagner and Associates |

If you live and work in California, you may have questions about the state agencies that handle employment discrimination claims. More specifically, what is the California Department of Fair Employment and Housing (DFEH)? And if you do file a complaint, what is the process for moving forward once you get the complaint filed? We… Read More »

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