Discrimination of a Member of Protected Class
Employment discrimination is prohibited under both California and Federal Employment laws. Employers may not treat an applicant or employee less favorably based on the person's race, color, gender, sexual orientation, national origin, religion, sex, gender identity, disability or status as a protected veteran.
California Equal Employment Opportunity Law and Federal Equal Employment laws in many ways are similar. The statutes and laws protect people from being discriminated against based on characteristics they have. The law provides that people in California should not be harassed or discriminated against in the workplace because they have special characteristics mentioned above. The individuals with the above characteristics in in a category that is called “protected status”.
Its unlawful to refuse to hire or employ a person or refuse to select a person for training which would lead to employment or treat them less or pay them less or harass a person because of her or his characteristics that relates to a government protected class (both California State and Federal government.
When someone is disabled, an employer has more obligations such as timely and additional interaction with the employee, accommodation of those with mental and physical disability. Employers and for a disabled person must take extra miles in good faith and if taking these extra steps to help would not impose undue hardship for the employer.
Employers should not retaliate against someone from the protected class that has asserted rights under Federal Employment and Housing Act (FEHA). A person who has been discriminated against may bring civil action against the employer for violating FEHA (Federal Employment and Housing Act). The employees are not protected when working for a corporation registered as non-profit or any religious organization.
FEHA only applies to employers, meaning those who hire to gain profit in a business. FEHA does not make the person, manager or associates liable, so there would be no personal liability under this Federal Act.
Although managers or supervisors are not personally liable for a company's violation of Federal Acts that protects people, they may be liable if they have found violating other rules and regulations.
When managers do actions that hurt other employees of specially protected class, they cause their employer to be liable.
Managers may do the following and put their employers in legal problems:
- Demoting (against promoting),
- Terminating, laying off (firing)
- Downgrading
- Failing to promote
- Failing to transfer
- deciding to compensate an employer at a rate less than what is appropriate based on his or her experience, skills and education.
- Placing a ceiling on salaries of long-term employees
- Failing to provide an employee with reasonably necessary clerical support.
- Failing to provide adequate guidance and instructions for an employee.
- Retaliation against those who assert their rights under State and Federal Employment Acts
If a supervisor or manager does harassment, they are personally liable. In harassment cases employer is strictly liable, meaning it does not matter whether they knew or didn't know the harassment is happening in their place of conducting business.
Employment Laws are complex and often place employers in serious jeopardies. Also its important to know your rights if you are an employee that have been discriminated, harassed or retaliated against. Contact the Law Offices of Ramona Kennedy (Kennedy Law LC) for your employment related cases.
The above information is general and does not relate to your particular case. It is not considered legal advice and does not create attorney-client relationship. For further information and for your initial free case evaluation and consultation contact the attorney's office.
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