Category Archives: Discrimination
Failure to Promote: Legitimate Business Decision or Illegal Act of Discrimination?
Employment discrimination laws do not just apply to decisions regarding the hiring and firing of employees. They also apply to a company’s decisions on whether to promote existing employees. For example, if Company A decides not to promote an employee to a managerial rule because he is African American, that would constitute illegal discrimination… Read More »
Nothing Hairy About It: California Senate Moves to Ban Grooming Policies That Discriminate Against African Americans
Racial discrimination in the workplace has long been prohibited under federal and state law. But there are other, more subtle forms of discrimination that continue to persist. For example, many Californians–notably African-Americans–are viewed as “unprofessional” based on their hairstyles. More precisely, some employers impose grooming codes that effectively bar African-American employees from sporting natural… Read More »
Waiting Too Long to Object: Supreme Court Rules Employer Lost the Right to Raise Technical Objection to Title VII Complaint
Title VII of the Civil Rights Act of 1964 protects all California employees from workplace discrimination based on race, color, religion, sex, or national origin. If an employer violates Title VII, the employee may pursue a civil lawsuit in federal court. However, the law first instructs the employee to file a formal discrimination charge… Read More »
The Ministerial Exception: Can Employees Working for Religious Institutions Sue for Discrimination in California?
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 »
California State Law Bars Use of Salary History in Attempts to Justify Paying California Women Less Than Men
“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 »
Can My Criminal Record Legally Prevent Me From Getting a Job in California?
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 »
Can A California Employer Fire Someone For Having A Workplace Romance?
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 »
Reasonable Accommodation and the Rights of Disabled Employees in California
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 »
Is It Legal to Discriminate Against an Employee Who Uses Medical Marijuana in California?
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 »
Will California Take Steps to Stop “Familial Status” Discrimination?
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 »
