The employment laws in California provide many protections for employees. If you work in the state and have experienced discriminatory behavior in your workplace, you can use the existing employment laws to protect your legal rights as an employee. It is advisable to consult an employment discrimination attorney in Hollywood and find out about your different legal options.
Understand California Employment Laws
To understand how California law protects employees, you must acquaint yourself with the employment laws and the agencies that enforce them.
The Department of Fair Employment and Housing (DFEH)
A civil rights agency of the California state government, the Department of Fair Employment and Housing (DFEH) is responsible for enforcing state laws to protect California residents from discrimination in the areas of employment, housing, and public accommodation. As per the employment laws in the state, it is illegal for employers to discriminate against job applicants and employees for characteristics that have legal protection. These characteristics include the employees’ age, gender, color, religion, race, ethnic origin, nationality, marital status, sexual orientation, health condition, and disability.
California-based employers cannot discriminate against applicants in advertisements, job applications, candidate screenings, and job interviews. They cannot discriminate against employees in matters related to hiring, transferring, promoting, or firing them. They cannot follow discriminatory practices in providing safe working conditions and in ensuring appropriate salary and benefits. Additionally, they cannot engage in discrimination when it comes to employee participation in training programs, apprenticeship programs, employee organizations, and employee unions.
The DFEH also looks into matters related to workplace anti-sexual harassment training. As per the law, employers who employ five or more employees are legally obliged to provide training to supervisory and non-supervisory employees to prevent sexual harassment in the workplace. If an employer fails to comply with this requirement, the DFEH can investigate the matter and take appropriate legal action.
The Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA) is a California state statute that protects employees from workplace discrimination, harassment, and retaliation based on a protected characteristic. The FEHA anti-discrimination provisions apply to private and public employers who employ five or more part-time or full-time employees in one year. The measures in the FEHA also apply to labor organizations, licensing boards, employment agencies, and apprentice training programs. They protect job applicants, employees, interns, and volunteers. The anti-harassment provisions prevail even for employers with less than five employees.
The California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) applies to employers who employ five or more employees in a year. It requires them to provide eligible employees with up to 12 weeks of job-protected, unpaid leave to get treated for serious medical treatment or care for a sick child, spouse, parents, grandparents, siblings, or grandchildren. Employees can also use the leave to look after their child within a year of the birth, adoption, or foster placement.
The CFRA also allows employees to get disability leave for up to four months if they develop a health disorder or disability related to pregnancy or childbirth.
Legal Options in Case of Employment Discrimination
If you feel your employer discriminates against you in your workplace, you should get legal counsel from an experienced, reputable employment discrimination attorney in Hollywood. They will assist you in gathering proof of discrimination and approach your employer to seek a settlement. If that does not work, the attorney will help you file a complaint with the appropriate state agency. If that avenue does not produce the desired results either, they can file a lawsuit on your behalf and represent you in court to get you justice.
Available Legal Remedies Under the California Employment Laws
The employment discrimination attorney in Hollywood you consult will inform you of the available remedies for employment discrimination. If you can prove that you were a victim of workplace discrimination, the court may award you back pay or front pay. You may get hired or reinstated in your job, or receive a deserving promotion. You can get compensated for out-of-pocket expenses, punitive damages, or attorney’s fees and costs. The employer may be legally obliged to initiate workplace policy changes, provide anti-discrimination training, or arrange for reasonable accommodation to prevent future workplace discrimination.