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Posts tagged "Workplace Discrimination"

Wage discrimination and race

Not only should workers in California expect equal pay for equal work, but there are laws in place to protect the rights of employees who are being discriminated against wage-wise. While there is widespread knowledge that women typically do not earn as much as their white male counterparts, there is also a big wage gap for those of a different race. 

What constitutes religious discrimination?

Workers in California have a number of rights and protections under federal law. One is that they are protected against discrimination and harassment because of their religious beliefs and practices. Employees should be aware of what constitutes discrimination so they can take action if they conclude they are a victim.

What is "right to sue?"

If you feel you have been discriminated against in your workplace or in employment and hiring practices, you may wish to pursue a lawsuit. But in California, that requires obtaining a "right to sue" letter. Just what is a "right to sue," and why is it required? Should you be able to simply pursue a lawsuit without obtaining this letter?

Can an employer threaten to report me to immigration?

Many workers in the United States, including in California, can find themselves in delicate situations regarding immigration status and employment. Renewing a work visa one day late can place you in a precarious position, while undocumented workers may have little to no recourse in many situations without being discovered. An unscrupulous employer may take advantage of this to exploit workers in delicate situations regarding immigration status - and may threaten to report your immigration status if you intend to report unsafe, discriminatory, or otherwise unethical work conditions. Can your employer legally do this, or do you have protections even in your situation?

Am I protected from discrimination as an independent contractor?

Many times, it can seem as though the only difference between an independent contractor and an employee is who is responsible for deducting your taxes. Yet there are many other factors that differentiate contractors and employees under California law, and one major point is the protections offered to employees against discrimination, harassment, unfair wages and hours, wrongful termination and retaliation. As an independent contractor, are you afforded those same protections?

What does it mean to discriminate based on gender identity?

While California has some of the most progressive, employee-focused workplace discrimination laws in the country, discrimination still happens based on a number of factors. One of these factors is a person's gender identity, whether they are transgender, genderqueer, genderfluid, two-spirit or nonbinary. So what does it look like when discrimination based on gender identity happens, how do you recognize it and are you protected against it?

What is pregnancy discrimination?

While discovering you are pregnant may be a cause for joy, before you welcome your little bundle of joy you must first navigate the difficulty of being pregnant in the workplace. While things might not be difficult before you begin to show, soon the effects of pregnancy on your body could impact your ability to work up to normal capacity even before you develop a hefty baby bump. You may fear that iif your pregnancy affects your performance, you could lose your job just when you need financial stability the most. But is it even legal for a California employer to fire you for being pregnant?

What is disparate impact, and how does it affect me?

No one wants to face discrimination in their California workplace, but sometimes you find yourself dealing with a hard situation where your employer or coworkers has taken unfair action against you in ways that affect you as a member of a class protected by race, creed, religion, sexuality, gender, gender identity, disability or several other factors. Sometimes these offenses are blatant, but sometimes they arise because a seemingly fair policy actually has a negative effect on you. When this happens, it is called disparate impact.

How do you recognize sexual harassment in the workplace?

Whether you are male, female or nonbinary, you may be a victim of sexual harassment at your California employer. If a coworker of any gender has made you uncomfortable or placed you in situations in which you felt you could not escape, you could be dealing with sexual harassment. Sometimes harassment is overt, while at other times it can be more difficult to concretely identify. How can you recognize sexual harassment in the workplace?

What is California Proposition 209?

Although California is a state with a reputation for strong employee protection laws prohibiting workplace discrimination, you may have heard of a state proposition that is often referred to as an "affirmative action ban." This ban is also known as California Proposition 209. But if California is known for protection against discrimination, how does an affirmative action ban work - and how does it affect workplace discrimination laws?

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