Employment discrimination and Harassment
Employment discrimination exists when an employee is treated unfairly at work as a result of his or her membership in a protected class.
Federal and Californ state laws prohibit an employer from harassing employees or taking any "adverse employment action" against them because of their:
- Race or ethnicity
- Color
- Sex
- Age (over 40)
- National origin
- Religion
- Disability
- Pregnancy
Specificily Federal anti-discrimination laws apply to businesses with fifteen or more employees, except for the Age Discrimination in Employment Act, which applies to employers with twenty or more employees. Most states also have anti-discrimination laws that reinforce federal provisions. Many expand them to prohibit discrimination against members of other classes - for example, because of sexual orientation, gender identity, or marital status - and to extend coverage to smaller employers.
Adverse employment actions can include termination, demotion, unequal pay, prejudicial hiring practices, failure to promote a qualified employee, and/or inequality in granting leave, benefits, training, or work assignments.
Federal and state anti-discrimination laws also make illegal apparently neutral employment policies that have an adverse impact on a specific class.
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