In California and across the U.S., it is illegal to discriminate against job applicants or employees based on different protected classes. These laws prevent discrimination as it relates to all business operations including advertisements, applications, screening, interviews, hires, transfers, promotions, terminations, separation of employees, working conditions and participation in unions or training programs.
The Fair Employment and Housing Act, or FEHA, is applicable to all public and private employers, labor organizations and employment agencies. FEHA makes it illegal for employers that have five or more employees to discriminate or retaliate against job applicants or employees for exercising their rights under this law. Harassment is not permitted under any circumstances, including for employers that have fewer than five employees.
Another law that fights against employment discrimination is the California Family Rights Act. The CFRA provides job-protected leave of absence to eligible employees for the birth of a child, child adoption and foster care or in the event of a serious health condition of the employee, an employee’s child, a parent or a spouse. This law applies to employers with 50 or more employees.
The New Parent Leave Act, which is similar to the CFRA, provides job-protected leave for eligible employees that are having a child or adopting or fostering a child. The NPLA applies to employers with 20 or more employees. Employers that have five or more employees must provide up to four months of disability leave for an employee who is disabled due to pregnancy, childbirth or a related medical condition. Employers with 50 or more employees must provide training to supervisory employees for sexual harassment.
Employees who have been discriminated against have rights under the laws discussed above. When an employee has lost his or her job based on discrimination, an employment law attorney may help protect the employee’s rights.