California law protects employees and job candidates from employers acting discriminately against them. However, the challenge is knowing what qualifies as discrimination in Sacramento. Employment discrimination can take many different forms. It can also occur within various workplace situations, from the interview process to the end of a person’s employment.
If you are a victim of workplace discrimination, our employment attorney from Erkel Law, P.C. can help you assert your legal rights in court and recover available legal remedies.
The Fair Employment and Housing Act prohibits an employer from discriminating against an employee within a protected class established under Government Code Section 12940. The Act prohibits discrimination against employees based on various protected classes, such as race, religion, national origin or ancestry, and medical conditions, including physical or mental health. The Act also protects against discrimination based on reproductive health decision-making, marital status, gender or gender identity, age, sexual orientation, or military status.
This protection against employment discrimination applies to job applicants, current employees, and former employees. Additionally, in Sacramento, what can qualify as discrimination is broader than the protected classes under similar federal protection through the Civil Rights Act. Erkel Law, P.C. can help you determine if you belong to a protected class based on your background or circumstances.
Discrimination often requires an employer to take an adverse employment action against a person because of their inclusion within one or more of the protected categories. Adverse employment actions can be difficult to identify in some situations. In its most severe form, an adverse employment action can include an employer’s refusal to hire or select a candidate for further consideration or the decision to terminate a person’s employment. An employer’s discriminatory behavior can occur through the terms, conditions, and privileges that an employee may or may not receive. For example, the following interactions could be a form of discrimination depending on an employer’s intent:
In addition to employees, Sacramento employers may also be liable for discriminatory acts by a supervisor, manager, colleague, or another party under their employment. Additionally, not all adverse employment actions against an employee within a protected class are necessarily discriminatory. Employers may have genuine or compelling reasons for their actions toward an employee. For example, an employer may terminate an employee who belongs to a protected class solely because of their workplace performance.
California has a three-year statute of limitations for filing employment discrimination claims under Civil Code Section 338. Missing this filing deadline can prevent the recovery of compensation and other remedies by forcing a dismissal of the case in court.
Meet with an experienced employment lawyer to discuss what qualifies as discrimination in Sacramento and to begin the process of exercising your rights under the law. Contact Erkel Law, P.C. today to schedule a free case review.
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