Bartz Law Group

Employee Rights Advocates

Prohibited Unfair Practices under Employment Law

Prohibited Unfair Practices under Employment Law

The employee rights California labor law prohibits discriminating against employees based on their race, gender, religion, age, sexual orientation, and others. Also, retaliation or revenge against employees for airing their grievances is prohibited. Besides discrimination and retaliation, other unfair employment practices in employment exist.

Unfair employment practices refer to any act that contravenes or violates Employee rights California labor law, Equal Employment Opportunities Commission, California’s Employment Code. Unfair labor practices apply to all aspects of employment and the best way to protect yourself as an employee is to know your rights as specified under Californian Labor Statutes.

Employment Discrimination

Discrimination in the workplace is prohibited by federal and state laws. Federal and state governments have enacted several statutes since the enactment of the Civil Rights Act of 1964. Those statutes protect employment discrimination based on:

  • Age and gender;
  • Sexual orientation;
  • Race, skin color, and place of origin;
  • Disability and physical appearance, and more.

3 Labor Practices Considered Illegal in California

Employee rights California labor law protects both prospective and existing employees against unfair employment policies. In this article, we’ll cover several unfair employment practices, including:

  1. Job Advertisements
    Job advertisements should be open to everyone as long as an applicant possess the stated minimum qualifications. In other words, companies are prohibited from publishing job advertisements that discriminate against a prospective job applicant based on race, religious affiliation, disability, and more. For instance, an employer should not turn down an applicant based on their physical disability. Instead, adjustments should be done to meet the needs of applicants with special needs.
  2. Job Assignments & Promotions
    Employers are prohibited from assigning duties and giving promotions based on the protected aspects of employment, such as color, religion, gender, and others. For instance, lighter duties should be shared by all employees, regardless of their race. Favoring some workers over others is considered discrimination and unfair employment practice.
  3. Pay and Benefits
    According to the Equal Employment Opportunities Commission, California employees are entitled to fair wages and other benefits that should be awarded for their positions. Otherwise, discrimination based on the protected employment aspects is considered unethical employment practices. Discriminated employees can file legal action against the employer or file a claim with the relevant authority.
  4. Discipline & Contract Termination
    Employers should punish disobedient workers based on their race, skin color, creed, age, and more. For instance, an employer should not give different punishments for a similar offense committed by two employees of different races. When discharging many or several employees, employers are forbidden from basing their decision on age.
  5. Training & Apprenticeship Programs
    Training or apprenticeship programs should not be discriminative toward employees on the bases of their identity. For instance, an employer should not deny training opportunities to certain races, particularly the minorities, such as African-Americans, Indians, and others. However, the law sometimes allows employers to set an age limit as a minimum qualification.

Any act that violates the employee rights of California labor law is considered unfair labor practice in California. A legal professional specializing in employment law can help you understand this topic in detail.