Most Recent Posts in Discrimination
Age Discrimination: What Does an Employee Need to Show?
California’s age discrimination laws are to be enforced “with the goal of not only protecting older workers as individuals, but also of protecting older workers as a group, since they face unique obstacles in the later phases of their careers.” Thus, an action for age discrimination can be based upon discrimination against a single individual or based upon discrimination against a group of individuals.
Disability Discrimination – An Employee Must Be Able To Do the Essential Functions of Their Job
Because a claim for disability discrimination is a civil action, the burden is on the employee to prove each element of his or her claim.
Disability Discrimination – Ensure Employer Knows of Need for Accommodation
A disabled employee who needs an accommodation for their disability so that they can continue to perform the essential function of their job must inform the employer of their limitations and request a reasonable accommodation.
Disability Discrimination – What is a Reasonable Accommodation?
Under California law, a disabled employee is entitled to a reasonable accommodation to allow the employee to continue do their job in spite of their disability. An employer must offer a disabled employee a reasonable accommodation, unless doing so would be an undue hardship.
Discriminating Against an Employee for Filing a Workers’ Compensation Claim Violates the Law
If an employee is injured while working, the employee deserves to receive the workers’ compensation benefits that they are entitled to.
Discrimination – What Damages Can an Employee Recover?
An employee who is subjected to unlawful discrimination is entitled to recover damages for their employer’s illegal conduct under California law. Damages can include economic damages, emotional distress damages, and in certain circumstances, punitive damages.
Does an Employee Have a Discrimination Claim? – Factors to Assess
- Was the employee treated differently than other employees because of the employee’s race, gender, religion, sex, age, disability, nationality, or military service?
How Does an Employee Prove Discrimination?
It is against the law in California for an employee to be discriminated against because of his or her: race; religious beliefs; color; national origin; ancestry; physical or mental disability; medical condition; genetic information; marital status; sex; gender; gender identity; gender expression; sexual orientation; military and veteran status; age; or pregnancy, childbirth, breastfeeding or related medical conditions. These characteristics are known as “protected characteristics.”
Disability Discrimination – What Does a Disabled Employee Who Needs an Accommodation Need To Do?
A disabled employee who needs an accommodation for their disability so that they can continue to perform the essential function of their job must inform the employer of their limitations and request a reasonable accommodation.