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Western states employment law, PC
916-839-4404
Discrimination
It is illegal for an employer to take an adverse employment action against an employee because of a protected characteristic. Protected characteristics include:
- race or color
- ancestry or national origin
- religion
- sex, including pregnancy, childbirth, breastfeeding
- gender, including gender identity and expression
- sexual orientation
- marital status
- age
- disability or medical condition
- genetic information
- veteran and military status
Discrimination in the workplace can arise in many ways including obvious inappropriate conduct or veiled comments and actions. When members of a protected class are treated differently than other employees, including different terms of employment, job assignments, opportunities for promotion, discipline, and termination, discrimination is likely occurring in the workplace.
California law provides some the strongest protections for employees in the country. If you believe you are experiencing discrimination by your employer because you belong to a protected classification, then you should consult with an employment lawyer to protect your rights.
Damages available for victims of discrimination include compensation for lost wages, emotional distress, attorney fees, and in some cases punitive damages. Likewise, if an employee was terminated, the law may require the employee to be reinstated.
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California Employment Law
Wrongful Termination
Although California is an at-will employment state, an employer cannot terminate an employee for an unlawful reason. Unlawful reasons may include retaliation, discrimination, or breach of an agreement.
Discrimination
The law protects employees from discrimination based on specific characteristics, including disability or medical condition, race, gender, age, and religion. Employees who face discrimination may have a claim against their employer.
Harassment &
Sexual Harassment
The law protects employees from workplace harassment based on protected characteristics, including sex and gender. If conduct creates a hostile workplace or an employer requests sexual favors in exchange for job benefits, employees may have a claim against their employer.
Retaliation &
Whistleblowing
The law provides numerous prohibitions against retaliation. When an employer takes a negative employment action because an employee participated in protected activity, an employee may have a claim for retaliation.
Disability Accommodation
Employees who are disabled are entitled to accommodations to enable them to perform the essential functions of their job. Employers cannot discriminate against a disabled employee or retaliate against them for requesting an accommodation.
FMLA/CFRA Leave
Employees may be entitled to unpaid protected leave for personal or family medical issues. If an employer denies the leave or takes action against an employee for taking leave, an employee may have a claim against their employer.
Unpaid Wages, Overtime, Meal & Rest
The law ensures employees are compensated for their work. California has additional protections including meal and rest periods, accurate wage statements, and reimbursement for expenses. Employees have remedies when they are not properly compensated.
Public Sector Employment
Public employees may need to complete some important procedural steps to protect and enforce their workplace rights, including filing timely administrative claims or participating in pre-termination hearings.
Employment Agreements
Most California employees are at-will employees. Sometimes, employees have contracts that set the terms, compensation, and benefits of their employment. Employees should have a clear understanding of these agreements and the steps they can take if the employer breaches the agreement.
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Suite 2350
Sacramento, CA 95814
By Appointment Only
916-839-4404
Office Hours
Monday to Friday
9:00 am to 6:00 pm
W
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Western states employment law, PC
Shane Larsen
attorney bio
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