Discrimination underlined in red

What is the law on employment discrimination?

There are a variety of state and federal laws that prohibit discrimination in the workplace. California’s major law on employment discrimination is the Fair Employment and Housing Act (FEHA), while a number of statutes govern employment discrimination at the federal level. Amongst US states, California has one of the most comprehensive bodies of law protecting classes of individuals from discrimination in the workplace. The purpose of the laws, as stated in the FEHA, is to uphold the “right and opportunity of all persons to seek, obtain and hold employment without discrimination…”

Under both California and federal law, “any person” can seek the protection of the anti-discrimination laws so long as they are:

  • Employees, including temps and unpaid interns
  • Job applicants
  • Independent contractors (in harassment claims)
  • Volunteers

However, to bring a case against an employer for unlawful negative treatment, a victim must establish certain facts. According to the court in Guz v. Bechtel National, Inc. (2000) 24 Cal. 4th 317, 353., you must show that you:

  • Belong to a protected class;
  • Performed competently in your job;
  • Suffered an adverse employment action such as termination or demotion; and
  • Possess evidence that shows a discriminatory motive for the adverse employment action.

If you believe your rights as an employee in California have been violated, call us at (858) 365-9722 or contact us online for a free consultation and comprehensive case evaluation. https://potterhandyemployment.com/contact/