Understanding Discrimination Laws: A Guide for Employers

Operating a business in California that hires employees is more complex than it might seem. Even overseeing a small business where you’re the sole employee necessitates adherence to specific state laws and regulations. The list of laws you must comply with grows significantly when you take on employees.

As an employer, you may be subject to anti-discrimination laws governing hiring, managing, and firing talent, necessitating the guidance of an experienced discrimination defense attorney. These include federal and state laws that may not always be precisely similar in scope. Unfortunately for employers, even unintentional violations of these laws can lead to legal claims and the assessment of penalties.

The Intersection of Federal and Local Anti-Discrimination Laws

The federal government, state, and even some local governments may have laws and regulations designed to address workplace discrimination. Employers must be familiar with and follow all of these laws.

Federal law sets the foundation for protection against discrimination in the workplace. Meaning that no state may pass laws that offer fewer protections than those offered by federal law. However, states can pass anti-discrimination measures that are more expansive or offer more protection than federal law.

Similarly, municipalities may not offer fewer protections than are found in federal and state laws. However, they are free to enact laws and regulations that provide for greater protections than those other laws do.

Discrimination Takes Many Forms

Prohibited discrimination includes more than just failing to hire an applicant or firing an employee for a discriminatory reason. Discrimination can also include:

• Reducing income or benefits
• Passing someone by for promotion opportunities
• Giving less desirable work schedules and duties
• Making or allowing others to make rude or offensive comments based on protected classifications

It is also illegal discrimination to allow a hostile work environment to develop where someone with a protected classification feels harassed or threatened by others’ behaviors.

Not All Discrimination Laws Apply to All Employers

Employers should also keep in mind that not every anti-discrimination law applies to them. For instance, the Americans with Disabilities Act (ADA) is a major federal anti-discrimination law. However, some of its provisions do not apply to employers with fewer than 15 employees.

Other portions of the ADA, however, apply to all state and local government employers regardless of how many employees they have.

Major Discrimination Laws California Employers Should Remember

No matter what industry you work in or where your business is located, there are several major pieces of discrimination legislation you should be familiar with:

The Americans With Disabilities Act (ADA)

As mentioned, the ADA is a significant federal law that generally prohibits covered employees from discriminating against individuals with a disability. The term “disability” is expansive, encompassing not just physical and intellectual disabilities but addictions and other behavioral conditions, too.

Covered employers must offer reasonable accommodations to employees with known disabilities upon request by the individual. Employers in this situation must provide such accommodations unless doing so would present an unreasonable hardship.

The Civil Rights Act of 1964 (CRA)

The CRA is another expansive federal law that prohibits discrimination in various contexts, including the workplace. Employers are prohibited from taking adverse employment actions against applicants or employees based on race, national origin, religion, color, or sex.

Fair Employment and Housing Act (FEHA)

California’s FEHA offers greater protections in the employment setting than those offered by the ADA and other federal laws.

Specifically, California employers with five or more employees are prohibited from discriminating against employees based on a disability or any other protected classification. These classifications include not only those covered by the CRA but also gender, age, sexual orientation, and genetics, among others.

Consequences for Illegal Discrimination

An employee who feels they have been illegally discriminated against has options to address this discrimination. This includes the potential to file a claim with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).

Claims filed with either agency are investigated by individuals who will gather evidence by interviewing the employee, the employer, and others who may have information. Based on their investigation, these agencies may take further legal action against the employer or try to foster a mutual settlement between the employee and employer.

Employees who are the victims of illegal discrimination can also file a private legal action against the employer. The employee and their attorney would investigate their claim and present evidence to support their allegations in court.

These actions can result in employers being assessed fines and penalties. Employees who suffered actual financial harm, such as missed pay or benefits, may also be eligible to recover these amounts. Finally, punitive damages may be assessed if the employer’s actions are found to be especially heinous, deliberate, or shocking.

Employers’ Responses to Discrimination Allegations

Because of the potential consequences of discrimination allegations, employers should take a proactive approach and eliminate practices and policies that could lead to such allegations. A skilled discrimination defense lawyer can analyze your business and advise you of potential risks, such as poorly drafted job descriptions and workplace culture.

It is also important that you speak with your discrimination defense lawyer immediately if you suspect or learn that a discrimination complaint has been filed against you. There are critical steps you will need to take to preserve evidence and address the complainant if you still employ them.

Your discrimination defense lawyer can also help you prepare a timely and effective response to any legal filing.

Early Consultation With a Discrimination Defense Lawyer Can Pay Dividends

It is easy for businesses and HR departments to forget all the many ways they can unintentionally discriminate against employees. Forgetting federal and state anti-discrimination laws or failing to take measures to ensure compliance with them can lead to costly and time-consuming legal actions.

Employing an experienced discrimination defense lawyer is a cost-effective and efficient way to insulate your business against potential legal threats arising from discrimination claims.
For expert guidance navigating California’s intricate employment laws and regulations, contact Pearlman, Brown & Wax, LLP, your trusted partner in employment litigation.