Santa Barbara Employment Law Blog

You probably understand what discrimination means, but disparate impact is a term that fewer people in California have heard. Disparate impact is a type of unintentional discrimination against a particular group of people, and it is illegal for a company to do it.

According to FindLaw, disparate impact is when employment practices have no specific intent to discriminate but they negatively impact a protected group of people, and that minorities and women are often the ones whom this type of discrimination affects. Actions by an employer that may indicate disparate impact include practices such as skills testing during the hiring process and layoffs.

If you live and work in California, you are the recipient of laws and regulations that are worker-friendly. From minimum wage to time off to take care of your family, the state is a good place to work.

According to CalChamber, the protection of California workers is a priority of labor laws, and one of the ways workers benefit from this is through overtime laws. A recent Supreme Court ruling determined that when an employer pays a flat bonus, the regular rate of pay takes into account only the nonovertime hours as opposed to the total number of hours. The state also requires employers to pay a premium overtime rate.

Employees may recognize discrimination when it occurs on the job, or when a position is terminated because of someone's religious beliefs, for example. With this being said, it is essential for people to keep in mind that discrimination occurs in other ways as well. In fact, discrimination can target someone who may not even work for a particular company and create a number of challenges for them, both financial and psychological. For example, a job applicant may be discriminated against because of their gender, sexual orientation, faith, disability or some other factor which is against the law.

Sometimes, people experience discrimination during the hiring process and do not even realize it. After all, many hiring managers will not directly tell someone that they are being turned down as a result of their gender or age. Surprisingly, this does happen, however, and it can be absolutely devastating. Someone who is told that they are too old to apply for a job that they would be perfectly qualified to take on might become discouraged and feel like giving up. Moreover, someone may be told that because of their gender they cannot apply for a position, and this can be equally devastating.

We have written about various topics related to wrongful termination and in this blog, we will explore some of the consequences of this serious matter. In Santa Barbara and cities across all of California, many people have been fired wrongly. Unfortunately, this can lead to many different hardships that shatter a victim's life. Moreover, wrongful termination cases can also be very challenging for companies. As a result, it is essential for employees who have been wrongfully terminated to fight for their rights and for employers to take steps to prevent future occurrences of wrongful termination.

For someone who has been fired illegally, all sorts of problems may disrupt their life right away. Financial difficulties are an obvious consequence of wrongful termination. However, some people do not realize just how extensive the financial impact of this offense can be. For example, a wrongfully-terminated employee may be evicted from their home or no longer able to pay the child support that they owe. Unfortunately, the hardships associated with wrongful termination do not end here. Some people who have been through this may become extremely discouraged and lose their desire to continue moving forward on a particular career path.