Discrimination means when an employee or a job applicant is treated less favorably based on certain characteristics that they might exhibit. The discrimination laws of California strictly prohibit this kind of practice in any workplace.
Discrimination can again be characterized as-
- Treatment discrimination, and
- Impact determination
In both cases of discrimination, the employees may take the help of a Lawyer to defend a national origin discrimination lawsuit.
Treatment discrimination occurs when an employee is targeted because of certain characteristics that they exhibit. This might include the employer resulting in demoting the employee, not giving proper due or appreciation to the employee, spreading negativity against the employee, or harassing the employee in any form.
If the employee has undergone such sorts of discrimination and wants legal action, then the employee has to prove that there has been an incident of discrimination by highlighting the following points-
- Employer was an entity covered by anti-discriminatory law.
- Employer has taken negative action against the employee like refusing to promote the employee, refusing to hire the person, or firing them based on their national origin.
- The negative action taken by the employer was a result of their biases based on gender, religion,ethnicity, national origin,and religion.
- The employee has been harmed due to such negative actions taken by the employer.
If the employee is not able to prove the above-mentioned points then he might not be able to raise any legal dispute against the employer.
The employers may have some policies that might look neutral from outside but practically might harm some people with protected characteristics. Under such circumstances, these policies might be deemed unlawful under the new regulations of California employment law.
In this case, also, the employee or the job seeker has to prove that the employer had exhibited discrimination against their protected characteristics. In this case, as well, the employer cannot be held responsible under the anti-discriminatory laws if the employee cannot produce relevant evidence.
The anti-discriminatory law applies to employers under the following category-
- Businesses or people who regularly employ 5 people and more
- Businesses or people that act as an agent of a covered employer
- Local or state government entities
However, there might be some exceptions for employers not mentioned above.
The California fair employment and Housing Act (FEHA) covers some categories of people under the anti-discrimination law. These categories are as-
Employees are those who have been hired by the employer and are legally bound by a written contract. The hiring could also be based on an oral agreement orapprenticeship. The employee should be in a position to be working under the direction of the employer, where the employer has some control over the employee.
- Job Applicants
California Law explicitly suggests that no employer can refuse to hire a person based on their national origin, ethnicity, gender, caste, creed, color, and religion. A job seeker would be termed as a person who has applied for a job in a written format or by a form provided by the employer. A job applicant would be considered as a job seeker even if he doesn’t provide a written application but exhibit a serious desire for employment.
However, California no allows the employees to select a particular employee based on the qualification and skill set.