Workplace Discrimination

State and federal laws prohibit an employer from discriminating against an employee because of his or her age. Specifically, employees over 40 are protected from being forced out or being treated differently because of their age. Examples of age discrimination in the workplace include:

• Passing over an employee for a promotion because of his or her age
• Offering inferior pay or benefits because of age
• Denying employment because of age
• Demoting or reducing hours or pay due to age

Federal and California laws prohibit workplace discrimination based on race. Racial discrimination occurs when an employer treats an employee differently or unfavorably due to skin color, complexion, or hair texture. Examples of racial discrimination include:

• Refusing to hire someone based on their race
• Intentionally overlooking someone for promotions, benefits, or training due to race
• Demoting or laying off only a person or persons of a certain race
• Forcing an employee to quit
• Making racial slurs or offensive jokes
• Displaying racially offensive images or symbols in the workplace

State and federal laws prohibit discrimination against against a worker because he or she has a physical or mental disability. California law requires employers to provide reasonable accommodation for employees who have a disability. Examples of disability discrimination include:

•   Denying employment based on an applicant’s disability
•   Refusing to make reasonable accommodations for a disabled employee
•   Demoting or firing a disabled employee
•   Requiring an employee to complete tasks that go against their disability or medical restrictions
•   Retaliating against an employee who requests reasonable accommodation

Discriminating against someone because of their sexual orientation is a type of sex-based discrimination. Sexual orientation discrimination is a violation of California’s Fair Employment and Housing Act (FEHA). Employers are prohibited from discriminating against an employee based on his or her sexual orientation or perceived sexual orientation. Examples of sexual orientation discrimination include:

•   Refusing to hire or withdrawing a job offer to someone because he or she is in a same-sex relationship
•   Overlooking a qualified employee for a promotion because of his or her sexual orientation
•   Promoting less-qualified employees because they are not LGBTQ
•   Paying someone who is LGBTQ less than other employees for the same type of work
•   Allowing harassment or discrimination in the workplace toward LGBTQ employees

Federal and California laws prohibit discrimination against an employee based on their pregnancy status. Pregnancy discrimination takes various forms – from off-hand comments to overt behaviors. Some examples of pregnancy discrimination include:

•   An employer refusing to hire someone who is pregnant, even though she is capable of fulfilling the duties of the position
•   An employer offers less pay, benefits, or training to someone who is pregnant
•   An employer overlooks a qualified pregnant employee for a promotion or pay raise
•   A pregnant employee is demoted or fired after announcing her pregnancy
•   An employer refuses to allow an employee to return to work after maternity leave
•   An employer fails to hold a pregnant employee’s position while she is out on maternity leave