Employment discrimination
California employment discrimination law prohibits employers from discriminating against employees based on their:
- race, color or ethnicity,
- disability or medical condition,
- national origin,
- age,
- sex,
- gender,
- gender identity or expression,
- sexual orientation,
- pregnancy,
- veteran or military status, or
- religion.
Like workplace harassment, workplace discrimination is prohibited by the California Fair Employment and Housing Act. The difference between harassment and discrimination is that harassment involves behavior by supervisors or coworkers that is outside of their job description – such asabusive remarks or sexual propositions.
Discrimination, on the other hand, may involve normal job practices – such as hiring, firing, and setting work conditions that are conducted in a discriminatory manner.
Bartz Law Group, APC can help you navigate the process of filing a discrimination complaint with the DFEH. If it comes to that, we can bring a discrimination lawsuit against your employer.
California employers are not permitted to retaliate against an employee who takes action in response to harassment or discrimination at work.
Family and medical leave laws
California employees have the right to various forms of protected family and medical leave under state and federal laws that include
- the California Family Rights Act (CFRA),
- the federal Family and Medical Leave Act (FMLA), and
- Pregnancy Disability Leave under the California Pregnancy Disability Leave Law (PDLL).
The FMLA gives employees the right to take up to twelve (12) weeks of unpaid leave to care for a newborn biological child, a newly adopted child, a seriously ill family member or a serious illness of their own. These family and medical leave laws only apply if:
- You have worked for your employer for at least (1) year;
- You have worked for that employer for at least 1,250 hours in the past year; and
- Your employer has at least fifty (50) employees working within seventy-five (75) miles of your worksite.
The CFRA is similar to the FMLA, except that as of January 1, 2021, the CFRA applies to employers who directly employ five (5) or more persons to perform services for a salary or wage, and includes private employers as well as the state, and any political or civil subdivision of the state and cities.
If you give birth to a baby yourself, you are also eligible for leave under the PDLL. This law provides an additional leave of up to four (4) months for periods when you are incapacitated due to pregnancy or childbirth.
California employment law also requires employers to provide other forms of employee leave, including
- paid sick leave (some of which may be used to care for an ill family member),
- paid leave if you are unable to work due to Covid-19;
- alcohol and drug rehabilitation leave,
- voting leave,
- leave to serve on a jury or comply with a subpoena,
- leave to obtain or attempt to obtain relief from domestic violence, sexual assault or stalking,
- leave for victims of crime,
- leave to participate in children’s school activities,
- leave to receive literacy education, and
- bereavement leave (when offered by company policy).
California employers may NOT retaliate against employees who take the family, medical or other protected leave that is provided by law. And in most cases, they are required to reinstate you in your previous position when you return from leave.
Bartz Law Group, APC starts every case the same way: by listening to your story. We know that every employment case is different. We want to hear your full story so that we can determine the best legal strategy for your case.
Call our law office today or use the contact form on this page to schedule a free consultation for your legal issues. We represent clients throughout the State of California, from San Diego to Riverside and Los Angeles, to Sacramento, Oakland and San Francisco.