Discrimination usually means that someone is treated differently or unfairly because of something about them. Illegal discrimination happens when a workplace fires, demotes, refuses to employee, or treats a worker unfairly because of his or her health problems, age, sex, religion or ethnicity, or other protected characteristics.
Employers who choose whom to hire based on how they look or act may be guilty of discrimination. Too many workers are cheated out of their jobs under the guise of cutbacks, layoffs, and other excuses.
Different Types of Illegal Discrimination
The law protects a lot of different things about people. The most common types of discrimination claims that our Los Angeles lawyers handle are:
- Disability Discrimination – It is against the law to treat a worker badly because he or she has a physical or mental disability. Disabilities can be temporary or last for a long time. Employers must make reasonable accommodations for employees with disabilities and talk to the employees in good faith to figure out what kinds of accommodations are needed.
- Age Discrimination – It is against the law for a boss to treat people differently because of their age. Employees over 40 are protected from being unfairly targeted at work or being fired because of their age.
- Pregnancy Discrimination based on gender – Employers are not allowed to treat staff members differently based on their gender or because of a pregnancy or other problems related to childbirth or pregnancy.
- Origin and Race Discrimination – Employers are not permitted to treat staff members unfairly on the grounds of their race, colour, ancestry, or national origin.
- Other – Religion, sexual orientation, gender identity, marital status, and genetic information are additional personal characteristics that are protected by the law against discrimination.
Federal and State Statutes Prevent Discrimination
Several federal statutes safeguard workers nationwide from unjustified discrimination by a boss.
- It is prohibited to discriminate against any employee based on their race, colour, religion, national origin, or sex under Section VII of the Civil Rights Act of 1964.
- Similar safeguards against discrimination based on pregnancy and/or childbirth are offered by the Pregnancy Discrimination Act, an addendum to the Civil Rights Act.
- Employees who are 40 years of age or older are protected from discrimination at work by the Age Discrimination in Employment Act of 1967.
- Discrimination against people with disabilities by employers—current or potential and is illegal under Title I of the Americans with Disabilities Act.
Moreover, California’s Fair Employment and Housing Act (FEHA) provides comprehensive rights against job discrimination based on:
- racial group
- nationality or ancestry
- physical or mental disability
- encompassing pregnancy and childbirth, sex and gender
- Sexual preference
- Sexual orientation
- medical problem or other genetic data
- Military or veteran status
- Marital status
What is discrimination based on sexual orientation?
Many state laws, like those in California and New York, make it illegal for employers to treat employees differently because of their gender identity or sexuality. Some examples of breaking the rules are:
- People being fired, not hired, or not given a promotion because they are transgender, gay, lesbian, or bisexual
- Getting rid of a worker who has changed their gender
- Not letting a worker use the bathroom that matches their gender identity
- lowering pay or taking away health insurance benefits
- Using bad language or comments
If you belong to a protected category and have suffered employment discrimination, please contact our experienced attorneys at Southern California Employment Law Group PC. Our empathetic discrimination lawyers offer free consultations at (424) 688-1057.