The Los Angeles employment lawyers at Rushovich Mehtani LLP a litigate lawsuits in both state and federal court involving allegations of discrimination, including race discrimination, color discrimination, sex discrimination, gender discrimination, physical disability discrimination, mental disability discrimination, pregnancy discrimination, age discrimination, national origin discrimination, religious discrimination, medical condition discrimination, genetic information discrimination, military or veteran status discrimination, sexual orientation discrimination, gender identity discrimination, and gender expression discrimination.
The primary state law that protects employees from discrimination in California is the Fair Employment and Housing Act (FEHA), codified in the California Government Code starting with Section 12940. As of September 2016, Section 12940 of the FEHA read as follows:12940. It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.
If you are an employee and you can demonstrate by a preponderance of the evidence (the legal standard in civil cases) that you are covered by one of the “protected categories” – any of the specifically identified categories under 12940(a) (i.e., race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status), that you suffered an “adverse employment action”, that a substantial motivating factor for that adverse employment action was your protected category, and that you suffered damages as a result of such adverse employment action, you likely have a claim for discrimination under the FEHA.
The primary federal law that protects employees from discrimination in California is Title VII of the Civil Rights Act of 1964 (as amended). Title VII is similar to the FEHA, but there are some material differences. For one, the “protected categories” under Title VII are slightly different from the FEHA. The “protected categories” are identified in Volume 42 of the United States Code, beginning at Section 2000e. As of September 2016, Section 2000e read as follows:SEC. 2000e-2. (a) Employer practices. It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
Please contact us if you believe that you have been discriminated against based on any of the protected categories.