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Law Office of Raphael B. Hedwat.
Employment and labor laws prohibit discriminatory or unfair treatment of an applicant or employee based on race, color, religion, sex, national origin, disability, age, or parental status. Federal law forbids “discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”
Employment policies or practices applicable to all employees may be illegal if they have “a negative impact on the employment of people of a particular class and is not job-related and necessary to the operation of the business.”
Employees are protected against discrimination under federal and state legislation. The Civil Rights Act of 1964 and the California Fair Employment and Housing Act are two of the most important of this legislation. Employers are prohibited from discriminating against employees based on their religious beliefs, race, national origin, color, ancestry, mental or physical impairment, marital status, sex, gender or gender identity, expression, age, sexual orientation, or military or veteran status under these laws. Discrimination against those with a genetic predisposition to sickness is likewise unlawful in California. It is against state law to test employees for genetic markers.
Certainly! Here are some frequently asked questions about discrimination, along with answers to provide insights:
Discrimination refers to the unfair or unequal treatment of individuals or groups based on certain protected characteristics, such as race, color, sex, religion, national origin, age, disability, or other legally protected attributes. Discrimination can occur in various settings, including employment, housing, education, and public accommodations.
Protected characteristics are specific attributes or characteristics that are safeguarded by anti-discrimination laws. These characteristics vary by jurisdiction but commonly include race, color, sex, religion, national origin, age, disability, genetic information, and sometimes additional categories like sexual orientation or gender identity.
Proving discrimination typically involves providing evidence that shows disparate treatment or adverse impact based on a protected characteristic. Evidence may include documentation, witness statements, emails, performance evaluations, or other relevant information that supports the claim of discrimination.
If you experience discrimination, it is important to document the incidents, gather evidence, and consider taking the following steps:
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The FEHA not only prohibits discrimination, but it also prohibits harassment..
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