In California, employment discrimination cases often hinge on the concept of “protected classes.” This term refers to groups of people who share certain characteristics and are legally safeguarded against harassment or discrimination based on these traits. In the State of California, there are 17 specific protected classes, covering a wide range of characteristics from race to military status.
Understanding these classes is crucial for both employees and employers to ensure a fair and lawful workplace environment. If you feel you have been discriminated against due to your qualification in a protected class, contact PLBH at (800) 435-7542 for a legal consultation.
The Scope of Protected Classes in California
Protected classes in California encompass a diverse range of characteristics. These include race, religion, color, national origin, ancestry, physical and mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (specifically for individuals 40 or older), sexual orientation, and military or veteran status. Discrimination against an individual based on any of these characteristics is prohibited under state law.
Workplace Discrimination in California: What It Entails
Discrimination in the workplace occurs when an employer treats a member of a protected class unfairly compared to others where no reasonable distinction exists. The California Civil Rights Department (CRD) enforces state laws prohibiting such discrimination.
The California Fair Employment and Housing Act (FEHA) is a primary law that forbids employers from discriminating against employees or job applicants who are part of a protected class. This Act applies to various aspects of employment, including hiring, training, compensation, promotion, and termination processes.
Steps to Take if Facing Workplace Discrimination
If you believe you’re a victim of workplace discrimination, the usual first step is to file a claim with the CRD. In most scenarios, this precedes any legal action against the employer. After the CRD investigates your claim, you may proceed to bring a lawsuit against your employer, potentially recovering damages for losses such as back wages, emotional distress, and more.
Protections Against Retaliation
California law also protects workers from retaliation for reporting workplace discrimination. This includes actions taken against employees for opposing harassment, assisting in investigations, or reporting violations of the FEHA. If you face retaliation, you may file a complaint with the CRD or pursue a lawsuit for retaliation or wrongful termination.
The Role of a Labor and Employment Attorney
Navigating the complexities of employment discrimination cases can be challenging. Consulting with a skilled attorney is advisable to understand the laws applicable to your situation, gather evidence, and guide you through the process of filing a complaint or initiating legal action. Most employment attorneys offer free consultations, providing an opportunity to discuss your case without financial obligation.
Legitimate Grounds for Discrimination
While discrimination based on protected characteristics is generally unlawful, there are exceptions. These include privacy concerns (e.g., hiring female nurses for intimate care of female patients), authenticity in arts (e.g., casting for age-specific roles), or bona fide occupational qualifications essential for a job (e.g., religious requirements for clergy). Additionally, nepotism is typically permissible in the private sector.
Understanding your rights and the protections afforded to you under California law is vital in maintaining a fair and equitable workplace. If you suspect that you’ve been discriminated against based on your membership in a protected class, reach out to PLBH at (800) 435-7542. Their expertise in employment law can provide you with the guidance and representation needed to address and rectify such injustices in the workplace.
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