Can an employer ask an employee or an applicant about their race? The short answer is technically no. In some states, it is legal for an employer to inquire about an employee or an applicant's race. California is one of the few states in America that prohibits race-based affirmative action. This means that an employer is not permitted by the law to ask an employee or an applicant what their race is in order to decide whether to provide employment opportunities or not to a particular individual. A in California may be able to provide legal advice to an employee or applicant if he or she was discriminated against based on their race. Below there are some points to consider when dealing with in the workplace.
Discrimination laws, in general, were enacted to create equality in the workplace. The laws are meant to prevent employees that belong to a protected class or bear a protected characteristic from being discriminated against because of their differences. The race is considered protected under the law.
in the workplace is where an employee is treated differently from other employees in a negative way based on the employee's race. Race pertains to an employee's ethnicity or ancestry. These laws that prohibit race discrimination do not only apply to long-established groups of minorities, but to all groups of employees and applicants. In other words, the laws are to protect "race" and "color" in general and is not meant to only protect certain groups exclusively. Although race and color may coincide and appear to be interchangeable concepts, the law identifies them as separate claims in a discrimination case. In federal court, the laws that regulate race discrimination identify employment decisions based on stereotypes to be unlawful. For example, an employer who refused to hire an applicant based on the fact that the employee was born and raised in Mexico and based on the assumption that "all Mexicans are lazy" would be considered under federal laws as race discrimination.
Examples of race discrimination would include name-calling, teasing, ostracizing an employee, denying the employee benefits, reducing the employee's pay, deducting the employee's work hours, reprimanding the employee for bogus reasons, or termination. An applicant who is denied employment based on their race is also considered and an applicant may be entitled to recovery in that situation.
Another example of racial discrimination may be if an employer requires that all employees only speak English while at work. In other circumstances, an employer may be found liable for race discrimination if he or she makes a decision about whether to hire someone or not based on the applicant's accent. The only way an employer may negative liability for not hiring an applicant based on the applicant's accent is if the accent substantially interferes with the main roles of the position.
Going back to the original question of whether an employer can ask about an employee's race, if an employer were to do that, it would be considered as race discrimination. Race should not be considered when hiring an employee as this does not make employment opportunities equal to all individuals. Keep in mind that all cases depend on the circumstances and would need to be determined on a case by case basis. In order to ultimately determine if an employee or an applicant should take legal action, he or she should seek advice from a Discrimination Attorney.
First and foremost, in order to begin legal proceedings, an employee or applicant must first confirm whether or not he or she even has a claim. The way in which an employee or applicant can confirm whether he or she has a claim against an employer or organization is by consulting a Discrimination Attorney. A Discrimination Attorney is a type of legal professional who handles cases where an employee or applicant may need legal representation against an employer or organization. A Discrimination Attorney is the type of lawyer who can look over a set of facts and the surrounding circumstances to determine whether an employee or applicant has a claim of discrimination.
Once an employee or applicant arranges a free consultation with a Discrimination Attorney, the attorney may ask certain questions such as how long was the employee employed at their job, when did the discrimination begin, why did he or she feel they were being discriminated against, how many employees are at the company, have any other employees be discriminated against and how, has this particular employee made a formal complaint, have any other employees made a complaint, and specific details on how and why the employee felt as though he or she was discriminated against. By collecting these details, the Discrimination Attorney can advise the employee or applicant on whether he or she should continue in pursuing a claim of discrimination.
Anti-discrimination laws and policies have expanded and matured over the years through the establishment of state and federal statutes. An employee can find what their rights are and what laws are in place that prohibits discrimination under California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964. Depending on the circumstances an employee or applicant may have the choice of either filing their suit under either the Fair Employment and Housing Act or Title VII. This is also a decision to discuss with a Discrimination Attorney.
Taking legal action against an employer or organization is a hefty decision to make but by having a face-to-face meeting with a Discrimination Attorney, an employee or applicant can have a more educated decision in deciding to proceed. Plus, there are firms that offer free consultations which provide employees or applicants with the freedom to explore their legal options without paying any up-front costs. Again, in California, it is considered race discrimination for an employer to ask an employee or applicant about their race and it is unlawful for an employer to treat an employee adversely based on his or her race.
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An is an attorney who may represent an employee against their employer in a situation where he or she was treated poorly at work based on their sexual orientation. But what is ? What is discrimination against a person's sexual orientation? In order to understand the answers to these questions, it may make more sense to start with the laws that surround these topics and to know who is protected by these laws.
What exactly does it mean to be discriminated against in the workplace? To discriminate is to notice an individual's differences from others and to treat that individual differently from others in a negative way because of that individual's differences. There are employment laws in place that regulate discriminatory practices within the workplace and deem them as unlawful.
Not all forms of discrimination are unlawful in the workplace. For example, it may seem unfair but employees who are over a certain weight may not be a class of individuals who are protected under the law. For instance, if an employee is overweight and is picked on and treated adversely compared to other employees based on being overweight, while It is unkind it may not be considered as unlawful. Employment laws only recognize certain classes of individuals and particular characteristics as being protected. Examples of classes and characteristics that are recognized by the law are an employee's creed, religion, marital status, gender, age, military status, ethnicity, disability, medical condition, veteran status, and sexual orientation. If an employee is singled out and treated negatively based on belonging to one of the recognized classes or an employee is treated poorly based on possessing an acknowledged characteristic, then that may be considered as.
Where an employee is treated differently compared to other employees in a negative way and it is because that employee falls under a protected class or bears a recognized characteristic, that employee may have a case against their employer for discrimination. An employer or organization may be held liable for discrimination if the employee can show he or she was singled out based on a protected class or characteristic. It is essential to note that belonging to a protected class or bearing a guarded characteristic does not mean that an employee is automatically granted a right to sue for discrimination and/or. This means that if the unfair treatment is not based on the employee being a member of a protected class or bearing a protected characteristic then it not considered discrimination. For example, George was a 50-year-old man at an online store's warehouse. The law does recognize age as a protected class for employees who are 40 years of age and older. Recently George was fired for being late several times and was caught falsifying his time sheets. In this scenario, although George may qualify as being a person belonging to a protected class, which in this case would be age, he may not be able to prove he was a victim of age discrimination. In George's case, his employer may be able to claim that he was fired because of George's tardiness and fraudulent acts. The adverse treatment needs to be based on the employee belonging to a protected class or bearing a protected characteristic whereas here, George was not exactly Employee of the Month material. George's termination would need to show that it was based on his age. So if George had been told by his boss "hey, you're getting too old for this job" and then thereafter he was terminated, that may be considered as age discrimination.
Discrimination in its application is handled by an Employment Lawyer who represents employees against their employers. In order to even know if you or someone you know has been discriminated against, you should contact an Employment Lawyer in your area.
Harassment in the workplace can come in the form of teasing, name-calling, talking down to an employee, mocking, berating, or bullying. Another form of harassment may be delivered through photos, videos, memes, cartoons, emails, texts, and physical gestures. All of these forms of harassment are categorized as unlawful once the harassment is motivated by the singling out of a protected class. More specifically, if the harassment is based on an employee's sexual orientation, that may be considered as unlawful.
Discrimination and/or harassment against an employee's is considered as unlawful behavior because sexual orientation is considered protected by certain employment laws. Sexual orientation refers to an individual's sexual or romantic preference such as homosexuality, heterosexuality, and bisexuality. If an employee is singled out, treated adversely, or treated less favorable compared to all other employees because of his or her sexual orientation, then that may be discrimination or harassment. An employee who is being discriminated against based on his or her sexual orientation may experience being denied employee benefits, being passed over for promotion, reduced pay, reduced hours, or termination. An applicant may also be subjected to unlawful hiring practices which also prohibited by the employment laws.
The laws in employment law hold employers accountable for discrimination even for perceived sexual orientation harassment and/or discrimination. In other words, an employee who is assumed by their employer or fellow coworkers as being homosexual and is not, yet is teased and harassed based on that assumption, may still be held liable for harassment and/or discrimination.
An Employment Lawyer who has handled cases in the past in sexual orientation discrimination and harassment may know the best way to represent an employee who is in a current discrimination or harassment situation at work.
An employee should not have to endure harassment or discrimination if it is based on a protected class or characteristic, especially if the harassment and/or discrimination is based on an employee's sexual orientation. Employees have the right to feel safe in their work environment and employers are responsible for enforcing an anti-discrimination policy at the workplace. The current employment laws are in place to provide protection for employees and they will be enforced if an Employment Lawyer is hired by an employee who is being victimized at work.
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What are my employment rights if I am or become pregnant?
As society continues to advance, Americans are living longer, maintaining their careers, and deciding to have children a little later in life. Most adults today want it all and , especially in California, reflect their support of this current trend. In California, there are laws that provide protection and rights for employees who become pregnant, are presently pregnant, or suffer from pregnancy-related medical conditions both physical and/or mental. The laws can be complicated, however, so it is essential for employees to know their basic rights when it comes to pregnancy and to also seek legal counsel. A Work Lawyer would be helpful in the application of these employee rights to the employee's particular situation. An employee should have the freedom to have a child or plan to have a child without worrying whether it will place their career in jeopardy. Although an employee should reach out to a for pregnancy-related work issues, the following information may be important to keep in mind.
The amount of employees at your workplace is an important factor
The number of employees employed at a pregnant employee's work (try saying that five times and fast) is an important factor in determining what rights a pregnant employee has. Speaking of five, employees who are pregnant, become pregnant, or were pregnant, may be entitled to certain rights if their workplace has at least five employees. An employer is obligated to provide the employee with a and or justifiable accommodation. So, although it may appear to be out of the ordinary, the rule usually is that an employee who is pregnant, given birth, or experienced a miscarriage may be entitled to certain employee rights but there does need to be at least five employees employed at the particular employee's workplace in order to be entitled to those rights.
Keep in mind that an employee who is or was is also entitled to these protections if the employee has a miscarriage and/or any physical or mental health issues that may arise out of a childbirth or misarrange. A work attorney is the type of legal professional who could clarify any questions or concerns an employee has regarding their rights according to the laws that concern employees and pregnancy-related occurrences.
Your employer may be required to provide you with a four-month leave
There are certain types of employers who are required to comply with particular laws regarding pregnancy leave for their employees. If an employer is required to comply with these laws, then technically the employee must provide the employee with up to four months of leave. Ultimately, the employee's doctor should provide in writing his or her recommendation for how long the employee will need off from work, but again the employer may be required to provide the employee up to 4 months.
If the employer or organization has a policy that provides more than four months leave, the employer may be held accountable for actually providing that extended amount of time if and when an employee needs to take a leave regarding pregnancy, otherwise, this may result in a breach of contract claim.
There is such a thing as pregnancy being protected in the workplace
or have a medical condition are both considered protected by the law. Even though pregnancy and medical conditions are two separate but recognized classes/characteristics that are protected by the law, one may accompany the other. In other words, an employee may have a pregnancy-related injury, illness, or condition. Now, what does it mean pregnancy and medical conditions are protected? It means that according to certain employment laws, employees who fall into either or both categories are protected in certain ways in the workplace. Pregnant employees, employees with a medical condition, or employees with a pregnancy-related condition may be entitled to job security, meaning they may have their position reinstated to them upon their return from taking a leave due to their condition. Also, protection means that the law prohibits an employer from treating an employee adversely because of the of the employee's condition. It is against the law for the employer to demote, reduce pay, deduct work hours, deny employee benefits, and/or tease or make inappropriate comments regarding an employee's condition. Should an employer conduct themselves in such a manner is considered discriminatory behavior.
Discriminatory behavior comes in many forms, therefore, an employee who feels they are being treated negatively, based on their condition, they should contact a Work Lawyer to discuss what rights they are entitled to and determine whether those rights were violated.
There are many laws that are triggered once an employee becomes pregnant
Depending on the particular facts of a case, there are many different laws that regulate the rights of employees and employers when an employed individual becomes pregnant.
If an employee is discriminated against for being pregnant or is discriminated against for taking a medical leave for their pregnancy, discrimination laws are prompted. There are state laws and federal laws that pertain to discrimination in the workplace. The state laws in California are similar to the federal law, however, depending on the employee's particular circumstances, an employee may find that the state laws are more beneficial to their case. Of course, this is something that a Work Lawyer should be able to determine.
When it comes to an employee needing to take a leave due to pregnancy disability, meaning the employee is diagnosed with a condition or injury that is related to their pregnancy, there are certain laws within the state that are then engaged.
, pregnancy-related injuries, and/or pregnancy discrimination are all complex legal issues that a Work Lawyer would need to help an employee with. If an employee has made a formal complaint regarding any of the mentioned issues and no steps have been taken by the employer to remedy the problem, then the employee should contact a Work Lawyer. A Work Lawyer may be able to sift through the laws to determine what rights a particular employee has and whether or not that employee should pursue a case against their employer.
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What happens after a ? Well, what happens before and during are just as important questions to ask. Breach of contract claims in employment law can be tricky but with the guidance of an Employment Attorney, they can be little less complex. An who represents employees against their employer is the type of attorney who may be able to decipher whether there was an implied or expressed promise made by an employer to their employee and whether or not that promise was fulfilled. Below are some points to keep in mind about breach of contract in employment situations.
In California, employees are automatically considered as at will. At will employment basically means that an employee can be terminated for any reason or for no reason at all. The "at will" literally means the employer can decide to fire an employee at their own will without cause, even if they just feel like getting rid of an employee. For example, a boss could call an employee into his or her office today and say "Bob, I've decided the sound of your voice sounds like nails on a chalkboard, no one likes you at the office either. You're fired". Technically he or she could do that to poor Bob because he's an at-will employee and the employer can just decide to fire employees when he or she pleases. This means you cannot sue your boss for a breach of contract claim if you are fired.
There is an exception to the at-will employee rule, which is that an employer cannot terminate an employee if it is based on an illegal reason. An illegal reason would be if an employer terminated an employee based on the employee belonging to a protected class or possessing a protected characteristic. The law considers certain classes and characteristics protected such as marital status, race, age, religion, creed, sexual orientation, ethnicity, veteran status, military status, pregnancy, medical condition, or . If an employer's reason for firing an employee is based on the employee belonging to a protected class or the employee having a protected characteristic, then that may be considered as prohibited by the law. In looking at the previous example of poor Bob, let's say Bob was born and raised in Mexico. Prior to Bob's boss firing him because his voice was annoying and he wasn't the most likable guy in the office, his boss had made derogatory remarks about "Mexicans". On a few occasions Bob's boss had made jokes about how " all Mexicans were lazy". Bob's manager who hired him was the only other Mexican and was fired a week before Bob. In this example, there may be evidence that demonstrates that Bob was fired for an illegal reason. Although Bob's boss said it was because he was simply not liked at the office, the fact that his boss had made remarks that singled Bob out based on being of Mexican descent on top of the fact that the only other Mexican employee at the office was also fired indicates that Bob was fired based on his ethnicity. Here, Bob may be able to prove that he was fired for an illegal reason because it was based on his ethnicity which is a protected class according to . But again, this would not be considered a breach of contract claim.
As mentioned previously, employees in California are automatically considered as at-will employees because California is an at will state. An employee who is at-will can be fired at the will of their employer without cause, but there is another exception to this rule. An employee may not even be considered at will in certain circumstances which means he or she cannot be terminated without cause. The circumstances that would render an employee to be considered as not an at-will would be if the employee can prove that he she had a contract with the employer that said otherwise. The contract can expressly or impliedly indicate that the contract would have a fixed time of employment and/or the employee could only be terminated if there is a cause.
If an employee cannot provide proof that there was an expressed or implied contract that provided that he or she was on a fixed term of employment and or he or she could not be terminated without cause, then the employee is considered at-will and therefore can be terminated for any reason or for no reason. Where an employee can provide proof that he or she was terminated while there was indeed an expressed or implied contract in place that had a fixed term of employment and/or that the employee could not be terminated without cause, the employee may have a claim in breach of contract and possibly wrongful termination. An Employment Attorney may be able to assist an employee or former employee should they have any questions regarding expressed or implied contracts. Also, an Employment Attorney may also be able to provide legal advice on any questions concerning whether a former employee has a breach of contract case and/or a wrongful termination case.
An employee may be able to bring a claim against their employer for breach of contract even though the employee is an at-will employee. If an employee is promised by their employer that he or she will receive some kind of a benefit such as a pay increase after a stated term of employment and the employee is terminated before all the terms of the agreement are carried out, then the employee may recover. Usually, the employer could terminate the employee without cause, but where there is a promised benefit at the end of a fixed term and then the employee is fired for no reason before all the terms of the promise are carried out, the employee may be able to recover some of that money. In this kind of situation, a former employee may have a claim against their former employer, in which case he or she should call an Employment Attorney for representation.
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What is sex or gender discrimination?
In general, there are certain types of people or people with certain characteristics who are protected by the law when it comes to discrimination in the workplace. There are state and federal laws in employment law that prohibits discrimination against particular individuals or particular characteristics of an individual such as age, race, religion, creed, sexual orientation, marital status, veteran status, military status, pregnancy, sex, and gender. Depending on the circumstances, an employee or applicant may be a victim of gender or in the workplace. Although gender and sex are terms that are used interchangeably, they are different and these differences can be demonstrated when it comes to identifying how an employee or applicant was discriminated against in the workplace. A Discrimination Lawyer is the type of lawyer an employee or applicant should contact on matters regarding sex or gender discrimination.
Although an individual's sex or gender seem to be simple concepts, there is a difference between the two and it is important to understand those differences especially when it comes to discrimination.
What does a person's "sex" mean? The sex of an individual pertains to their biology. This means sex is the biological differences in males and females such as hormones and genitalia. On the more scientific side, females have two X chromosomes while males have an X and a Y. This is not a subtle difference because the Y in the male chromosomes is what causes an embryo to develop testes. In some cases, however, some males can have 2-3 Xs while some women can have a Y.
What is the difference between sex and gender?
An individual's gender is less scientific and based more on a society and its social and cultural norms. The gender of an individual is based more on what a particular society believes to be feminine and masculine and how that society perceives what is male and what is female. More specifically, gender is what a society has built to believe what roles a male has and what roles a female has in their society. This is why it is known that gender is usually described as a result of social constructs. Gender is based more on an individual's appearance rather than what sex the individual was assigned to when they were born.
The basics of the differences between sex and gender is important to understand in order to know if and when an individual was discriminated against in the workplace. For further guidance on this area of law, contact a Discrimination Lawyer who has handled and been successful in discrimination cases.
What does it mean to be a victim of discrimination?
As mentioned previously, there are certain classes of people and characteristics protected by the law. When it comes to gender or sex specifically, an employee may be protected under the law from discrimination. Although an employee is "protected" this merely means that the law prohibits these employees or applicants from being discriminated against and provides rights for those employees or applicants to have the right to sue an employer if they are discriminated against. The laws do not guarantee prevention of discrimination from actually occurring. With this in mind, an employee or applicant should know how and in what ways they may become a victim of gender or sex discrimination.
Discrimination can be exercised in many ways. An employee or applicant who is being discriminated against may experience treatment from a manager or employer that is negative and different compared to the way other employees or applicants are treated. The negative treatment would be considered illegal and discriminatory if it targeted the individual based on a class or characteristic the law recognizes as protected. Treatment that is identified as discriminatory would be if the employee or applicant was called names, teased, singled out, or called inappropriate nicknames. Even if a supervisor or other employees claim the teasing was not ill-intended, it is still considered discriminatory when it is based on the individual belonging to a protected class or possessing a protected characteristic. Other treatment that is considered discriminatory would be if the employee was denied employee benefits, was passed up for any promotion opportunities, was denied training that would lead to a promotion or even a demotion. Some employees may even be subjected to reduced pay or reduced hours.
If an employee or applicant was being discriminated against based on their sex, the employee would be singled out because of their sex. For example, George may apply for a job and during the interview, the employer may tell George that the company does not favor male applicants because they prefer female applicants. Another example would be if Tara was picked on at work by her boss and was constantly subjected to his sexist jokes about women, and he also only picked on the other female employees but not the male employees. Those two examples may give rise to a sex discrimination claim because it involves an applicant and an employee being treated adversely based on their sex.
An employee who is suffering from gender discrimination may be subjected to adverse treatment based on their gender. More specifically, an employee may be teased or ostracized because they do not fit within the gender roles that their employer or coworkers follow. For example, Greg, a male nurse, may be picked on and teased by his female supervisor because he is not "masculine" enough to be a doctor. Here, Greg is being singled out based on his gender and therefore may have a claim against his employer for gender discrimination.
If an employee or applicant feels that he or she has become a victim of gender or sex discrimination, he or she should call a to discuss the details of their case. Whether it is a current employee being teased by their coworkers or an applicant who was recently denied employment based on their perceived gender, the employee or applicant should speak with a Discrimination Lawyer to receive further information on whether he or she has a case against an employer or organization for discrimination.
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