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Four major federal laws--the
Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age
Discrimination in Employment Act of 1967, and the Americans with
Disabilities Act of 1990--protect the rights of workers to be free from
workplace discrimination in the United States. California workers have
additional protection under
California law. For example, while the Civil Rights Act of 1964
prohibits pregnancy discrimination, the California Fair Employment and
Housing Act contains provisions that prohibit certain employer actions based
on a worker's pregnancy status and that specifically apply to employers who are
not covered by the federal law. In addition, the
California laws cover more
types of discrimination than the federal laws.
Most employment
discrimination is outlawed by the two major civil rights acts passed by Congress
in 1964 and 1991 and by the California Fair Employment and Housing Act. Through
a combination of these laws, California workers are protected against
discrimination based on ancestry, color, creed, disability, marital status,
medical condition, national origin, race, religion, or sex. Other laws protect
workers from discrimination based on age or sexual orientation.
People frequently refer to "Title
VII" rights when they are talking about a particular section of
the Civil Rights Act of 1964. Title VII prohibits discrimination in a wide
variety of employment areas, including advertisements for jobs, apprenticeship
programs, benefits, firing, hiring, layoffs, promotions, recalls, recruitment,
testing, training, and transfers. Title VII also prohibits retaliation against a
person who files a charge of discrimination, participates in an investigation of
discrimination, or opposes an unlawful employment practice.
Under certain extremely
limited circumstances, an employer may base employment decisions or practices on
a person's marital status, race, sex, etc., if the employer is able to
demonstrate a truly legitimate need. For example, it is legal to hire only women
to be attendants in women's locker rooms. Religious institutions may refuse to
hire individuals based on their religious beliefs, but only for positions that
are directly related to the performance of religious duties; generally they are
not allowed to discriminate when hiring individuals for secular tasks, such as
secretarial or janitorial work.
Certain employers, such as
police departments, may base some employment decisions on an applicant's
physical abilities. Other types of hiring criteria are allowed if they measure
skills that are truly essential for an applicant to have in order to perform a
particular job, and if they are not applied in a selective or discriminatory
way. For example, an employer may require applicants for administrative jobs to
pass typing or computer skills examinations.
Proving discrimination in
the workplace depends on the specifics of each situation. Generally, it is
easier to prove discrimination from a repeated pattern of behavior rather than
an isolated incident. For example, if several Hispanic immigrants are passed
over for promotions in favor of non-immigrants, and all of the people involved
have the same qualifications, a good case may be made for unlawful
discrimination. In addition, any documented evidence showing an employer is
prejudiced against a class of people will strengthen a discrimination case. If
an employer makes statements such as "blacks don't take orders well" or "women
aren't capable of making tough management decisions," this will increase the
chances of proving discrimination, especially if the statements are made
repeatedly and in the presence of witnesses.
California courts apply a
test created by the United States Supreme Court to determine whether there has
been discrimination in the workplace. To prove discrimination employee must
show:
- He or she is a member of a protected class of people
- The employee or applicant was qualified for the job from
which he or she was fired or for which he or she was not hired
- The termination or rejection happened even though the
employee or applicant was qualified
- The position was filled by a person who is not a member
of the protected class
A person who feels that he
or she has been unfairly discriminated against or harassed in the workplace
should file a complaint with the California Department of Fair Employment and
Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
The DFEH enforces California laws prohibiting discrimination in employment, and
the EEOC enforces federal civil rights acts that apply to the workplace. Any
California
employee who thinks he or she has suffered discrimination at work in the
specific areas prohibited by the California Fair Employment and Housing Act must
file a complaint with the DFEH before pursuing a claim in court against the
employer. A complaint filed with the DFEH is cross-filed with the EEOC. A charge
filed under the Fair Employment and Housing Act must be filed within one year of
the discriminatory action. If the DFEH determines the employee did not suffer
discrimination, it will notify the employee within 150 days. The employee then
has one year to file a civil lawsuit. If the employee believes he or she has
suffered another kind of discrimination that does not fall under the California
Fair Employment and Housing Act, he or she is free to file an action in court;
that is, there is no requirement of going through the DFEH first.
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