The laws that do exist fall primarily under the Department of Fair Housing and Employment Act, otherwise known as FEHA. FEHA prohibits an employer from taking any adverse action against a protected individual based on his or her:
✓ religious creed;
✓ national origin;
✓ physical or mental disability
✓ medical condition
✓ martial status
✓ sexual orientation
✓ pregnancy, childbirth or related medical conditions of any female employee
To have a viable FEHA claim, the adverse treatment must be “reasonably likely to impair a reasonable employee’s job performance or prospects for advancement”…as distinguished from minor or relatively trivial actions that do no more than displease.
Adverse employment actions may not necessarily involve one swift blow, but consist of a series of subtle events, that when presented together make up an adverse employment action. The following are examples of cases where the courts have held constitute adverse employment action:
✓ Giving undeserved negative performance evaluations which are combined with reducing an employee’s authority.
✓ Discipline such as suspension or demotion based on trumped up charges
✓ Discrimination in compensation or terms, conditions or privileges of employment
✓ Discharging from employment or from a training program leading to employment
✓ Refusing to select for a training program leading to employment
✓ Transfers to unfavorable assignments
The Courts have recognized that in today’s world, discrimination may not be based on direct evidence, such as a written letter or email which mentions the person’s protected class in a negative manner. Therefore, FEHA claims are usually based on circumstantial evidence that when pieced together allows a jury to understand that the actions taken against the employee were motivated by discrimination.
So if you believe that you have been discriminated against or harassed on account of being a member of a protected class, please contact us telephonically for a free consultation or submit an email with the relevant facts of your case for consideration.
FEHA cases require experience and an understanding of the law, and require an expertise in being able to gather evidence from the employer that can be used to support the case. Our law office has experience and a success rate with FEHA claims and other employment related claims and would be happy to consider the facts of your case.