Under California law it is unlawful for employers to discriminate against any individual because of the age, race, creed, color, national origin, sexual orientation, sex, disability, genetic predisposition or carrier status, or marital status of any individual. This law encompasses the following:
1. In refusing to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.
2. In receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers.
3. To exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer.
4. For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color, national origin, sexual orientation, sex, disability, genetic predisposition or carrier status, or marital status
5. For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article.
6. To compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner.
7. To deny to or withhold the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program.
8. To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orientation, sex, age, disability or marital status, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification.
Workers are also protected under the law against sexual harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."
In addition to California's Fair Employment & Housing Act laws, the California Department of Labor has established laws that protect workers' rights including the right to work in a safe environment, the right to be paid at least the minimum wage, the right to overtime pay when indicated, the right to proper notice in the event of a lay-off, the right to receive accurate records of wages and time worked, and so on.
Employers are also prohibited from firing an employee for political or recreational activities outside of work, for legal use of consumable products outside of work, or for membership in a union.
Under California laws "an employer has the right to discharge an employee at any time for any reason" providing they have not violated any fair employment laws or labor laws. Although this law was intended not only to protect the employer but also to offer an employee the option of quitting without reprisal, some employers have hidden behind this broad definition to unfairly dismiss good and conscientious workers "just because".
If you believe your employer has violated
any of your rights, it is imperative that you consult with an experienced
employment litigation attorney without delay. The longer you wait
to file your claim, the less credible your complaint may appear.
The Law Firm of Rizio and Nelson has over 20 years experience handling
California Employment Litigation cases and encourages you to call
for a free consultation.
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