Talk to a Workplace Discrimination Attorney in San Diego

This is where men and women, even though similarly situated at work, are treated differently because of their sex or gender. And yes, it is illegal. For example, it is illegal for a man to be paid more than a woman for performing substantially similar work. Sex discrimination can also be found where males and females are paid equally, but employer’s policies or practices have a disproportionate adverse impact on a person or group of persons based on sex or gender.

Unfortunately, no. California law only provides protections for discrimination against employees over the age of 40. So, if you are under the age of 40, California age discrimination protections do not apply to you.

Yes. California’s Fair Employment and Housing Act (sometimes called the employment non-discrimination act) prohibits discrimination based on both physical and mental disabilities, as well as medical conditions. California law protects not only intentional discriminatory acts, but also employment practices that appear to be non-discriminatory on their face but have a disproportionate effect on employees who suffer from disabilities or medical conditions.

An employer can claim that a requested accommodation is an undue hardship when it believes the requested accommodation causes a burden. However, the employer’s characterization of an accommodation as an undue hardship is not always correct. California law defines “undue hardship” as an action requiring significant difficulty or expense, when considered in light of certain factors. Furthermore, since a claim of “undue hardship” is an affirmative defense for the employer to assert, the employer bears the burden of proving that the requested accommodation is an undue hardship.

Yes. The Fair Employment and Housing Act protects employees from being discriminated against, or harassed, based on their gender identity or sexual orientation. Therefore, it is unlawful for an employer to refuse to hire or promote an applicable or employee based on the person’s gender identity or sexual orientation. California law also makes it illegal for an employer to terminate a current employee based on the employee’s gender identity or sexual orientation.

The California Fair Employment and Housing Act prohibits discrimination based on an employee’s religion or religious beliefs. Therefore, you cannot be refused employment or terminated based on your religion or religious views. Furthermore, the law requires that employers accommodate an employee’s religious beliefs or practices, so long as the requested accommodation does not present an undue hardship.

There are many examples of possible reasonable accommodations. However, some of the most common accommodations for religious beliefs are flexible scheduling to attend religious observances and days off to observe holy days.

No. Employers are strictly prohibited from requiring employees to engage in any religious behavior or to observe any religious practices, especially those that conflict with the employee’s own religious beliefs.

Yes. Religious discrimination laws prohibit discrimination based on an employee’s religious beliefs, or lack of religious beliefs, like atheism. Therefore, it is illegal for an employer to treat religious employees more favorably than employees who are not religious.

Yes. Under California law, pregnancy discrimination is a form of sex discrimination under the Fair Employment and Housing Act. Therefore, all the protections that apply to sex apply equally to pregnancy. Therefore, it is illegal for an employer to discriminate against an employee on the basis of her pregnancy, childbirth, or related medical conditions.

Yes, so long as the requested accommodations are not an undue hardship to the employer, your employer must observe those restrictions. If you are temporarily unable to perform your essential job duties due to your pregnancy, your employer must treat you the same way it treats any other temporarily disabled employee. This may also require your employer to engage in the interactive process with you to determine reasonable accommodation to observe the restrictions.

It depends. The old rule used to be that you were entitled to baby bonding leave if your employer had 50 or more employees within 75 miles of your workplace, and you had worked for the employer for at least 12 months with at least 1,250 work hours in the previous 12-month period. California law recently expanded protections, now applying the law to employers with 20 or more employees within 75 miles of your workplace. If you qualify for leave, your employer must grant you up to 12 weeks of unpaid baby bonding leave upon your request, and provide you job protection while on that leave.

No. As long as your employer is a covered employer, and you meet the requirements for entitlement to baby bonding leave, you are still entitled to your full 12-weeks of leave. Under California law, an employee is entitled to up to four months of pregnancy disability leave for a disability due to the employee’s pregnancy, childbirth or related medical conditions. This pregnancy disability leave is separate from, and distinct from, baby bonding leave entitlement under the California Family Rights Act. California law expressly provides that pregnancy disability leave, and baby bonding leave do not run concurrently.

In California, it is unlawful for an employer to discriminate against an employee because of the employee’s birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

Possibly. It is unlawful for an employer to discriminate against an job applicant or employee based on that person’s accent, unless the employer is able to prove that the accent materially interferes with the person’s ability to perform the job.