Legal news and tips for employees, by Law Office of Eugene Lee

Category Archives: Discrimination-Racial, Gender, Disability

Discrimination – Racial, Gender, etc.

Discrimination Laws in California

Both Federal and California laws prohibit discrimination in the workplace based on an employee’s “protected characteristics”. Under California’s broad, pro-employee laws (perhaps the best in the US), “protected characteristics” mean: “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation”. Types of Discrimination Continue Reading

36 responses to “Discrimination Laws in California”

  1. Shannon says:

    Question, Do you think I have a “Discrimination” case?. I worked for a small company of about 20 employees. I would say 2-3 are white. I am one of them. My manager has shown up to work intoxicated with 3 small children and was allowed to finish her shift. (Sat.). She has done this more then once. She has never been suspended., The same with another manager, never suspended. Me on the other hand, I get suspended for missing work due to my daughter almost getting raped in a park. She was 13 years old. I got suspended for not giving them “Any advanced notice”. That was the first time. Second was due to incident during christmas. My employer promised that if we met a quota amt. $20,000. (example) with a week we would get our check BEFORE christmas. I am a single mom, I worked my ass off. Well it didnt happen. He flat out denied it. I was pissed off. I had nothing now for my daughter on christmas morning.So I ranted a little, said this is “Bullshit” in front of maybe 5 employees. I get suspended for 1 week. OK,. not 1 week later my manager gets into an argument with another manager and Im not kidding, she is yelling throughout the office. FU and F this job and F to the Boss, shes yelling throwing things and so on. People had to hold her back from fighting. NEVER GOT SUSPENDED!. Man i could go on. It’s sad because I really enjoyed working there, and I wasn’t raised to be racist. I believe people are all the same, no matter what color!. This is the owners fault, I think?. Ive had to keep notes because Ive felt I was treated differently. Even lunches, they would all go without even asking me. Shit like that.?? What is it?? signed ??n

  2. Kelly says:

    I was passed over for a promotion that was given to a 24-year old with retail counter experience only and no esthetician license. Is this discrimination? I am a hard-working 63-year old.

  3. Scott says:

    If I am declined employment which I am qualified for based on a survey or test do I have the right to the results of that survey or test and the criteria used to make the determination?

  4. Rogelio Gloria says:

    I was wondering if they discriminate if your a Republican in a Democrat state.

  5. troy says:

    place salt outside a doorway during the December holidays as a religious tradition and have do so at m work for the last 18 years. now after a long list of hostile work harassment I am suspended without pay or any documentation, just on a phone call. what can I do?

  6. troy says:

    can i be suspended for a religious tradition I have been doing at this job for 18 years?

  7. Rachel says:

    Co workers are fat shaming me. They Also make rude comments about heavy set people. I’ve talked to my supervisor about the situation, but it continues. I don’t feel comfortable at work, and it has taken a hit on my self esteem.
    What should I do.

  8. Gloria Molano says:

    I suffer from migrane headaches..i get them to where i have tunnel vision,i see aeras,and i vomit for hours at a time.i have went home on very bad episodes and now my job has written me up..Can this be a type of discrimination against my medical condition?i suffer from chronic migrane…

  9. Louis says:

    I just got suspended for a week for being at the office for 2 hours but someone else does the same thing on a daily basis which I brought up to the supervisor, well now they told that person that I informed them of what he was doing and now he’s upset with me. Is that a form of causing a hostile work environment between employees? Is there a law that protects a supervisor and employee’s conversation? Like a confidentiality law?

  10. Kris says:

    I went for a interview and at the end of interview I ask about dress code because I am Apostolic Pentecostal and I have been wearing skirts for years. He said he would get back to me. I went for finger prints and he called said I can’t wear a skirt and that he would get back to me about job. What can I do?? this had happened before!

  11. Ella C says:

    I was hired to work at a major restaurant food chain. I was told I had to wear a black shirt, black pants and black shoes, no facial jewelry or earrings (I have none anyways). I attended my orientation. I was told to come in for my first work day at 9:00am. I arrived and was told by the mgr on duty to come back at 10:30am and that I was not on schedule he was not expecting me and no one would be there to train me until then. I called the manager that hired me to verify and left after 20 min when I did not hear back. She did not get back to me for over an hour and said I was now late, missed most of my training and we would talk later but to get there asap. So I did within minutes. I walked in and now A 3RD manager says I cannot work because my shirt is not BLACK enough and when I come back to work to be sure I have a new one. So I left defeated, but I thought he meant to leave for the day get a new shirt for my next day which was the very next day. Apparently he was expecting me back (for the rest of my 90 min shift) So, I wrote a letter stating what all had happened as I do not think the 3 managers even talked. The manager that hired me said, “ok, I understand and come in tomorrow as scheduled”. That next day the manager that told me to leave to get a different shirt, called and said, “I cannot offer you a job since you walked out, nothing personal”. Do I have any rights here? This company does not pay for or provide comp for clothing, it is my understanding that if they say “dark” clothing it is on me…but “Black, collared etc” then they must provide or pay for and have same expectations for all employees. My shirt was I guess dark Charcoal color. But I can walk in there any day and they have plenty of staff with nose rings, earrings, unhemmed pants frayed at bottom. This feels discriminatory. If I misinterpreted leaving to get a new shirt as come back tomorrow, I had an overwhelming day of nothing but, “I dont know you, your not on schedule, youre late, your in trouble and you are dressed wrong”…seems harsh and if the shirt had never been a pint of contention I would be working there.

    • Eugene Lee says:

      Maybe you’re better off not working there, sounds like it’s being poorly managed. But putting that aside, first, it sounds like you are owed wages for the time you waited starting at 9 am. You may even be owed a reporting time penalty for having shown up for an agreed shift but then being told to go home early. As for the uniform, if you are able to wear it outside of work or working for another employer, you probably wouldn’t be entitled to any reimbursement for it. In short, you should look into filing a labor board wage violation claim.

  12. Crystal Ramirez says:

    Thank you for displaying the difference between federal and state laws.
    Overall, they are extremely different and this information was very valuable
    to know. Additionally, it was nice to see the different degrees of sexual
    harassment that exist and how they are defined. When somebody is experiencing this type of issue at work it can become overwhelming. If the harassed resides in California they should consider a harassment lawyer in Los Angeles.

  13. Ann D says:

    Im an assistant manager at a big company a woman’s clothing store. When I found out I was pregnant the harassment of another assistant manager started. he started searching for reasons that I was doing my job wrong he would call me names and talk about me to other associates. he would give me other work when I needed to take a break. he would check on me when i was on my break…it goes on…I talked to the store manager and on to the district manager she offered a transfer for me if i was interested, she also said she would take it up to HR, as weeks go by she sits me down and tells me HR decided there was nothing they can do but talk to him and transferring was not an option for either person. HR never bothered to contact me prior to this conversation. basically I needed to brush it off regardless of the stress and being uncomfortable working around this person. A couple months later when I found out I was pregnant another assistant manager also got pregnant and she too became a victim same exact situation. What can I do? What should I do? Theses people are protecting each other and it doesn’t matter who gets hurt.

  14. Kristi A says:

    I am a woman – mid 50’s, considered a professional, executive in my field, with over 20 years experience. I agreed to “mentor” a younger, mid 20’s male, who also happened to be a family member of the CEO. I am now discovering he is receiving a major raise in compensation, bringing him to at least $30 – $50k more per year than I am paid. Is this actionable?

  15. Jack says:

    I have been at my part-time (3 days per week) job in a golf shop for over 10 years. 2 years ago the company brought in a new manager. He has let go all of the employees with any experience and were full time. I worked with him by taking on more days and hours. He has hired all new part-timers and now has cut me to 1 day a week. He has foolishly let it be known that he’s trying to get the “old” guys to retire — he has no intention of paying unemployment.
    Is this age discrimination?

  16. joe says:

    My boss is an old school European male..I’m his first female he hired to lead his crew in 3 years. He went through 5 leaders before me…he favors my assistant because he’s a male..he gives me a hard time, says certain things unnecessary, very rudely, uncalled for, gives compliments to my assistant, etc. All my colleagues knows he’s treating me differently, and my assistant knows he’s a sexist. I feel disgusted. What can I do without him going crazy on me since he has a temper for no reason?

  17. Melissa says:

    My job laid me off because of my pregnancy and I wanted to know what im entitled to for them doing so?

    • Eugene Lee says:

      If your employer has 5 or more employees (and if you can prove that you were laid off because of your pregnancy), then that is illegal and you can file a lawsuit for pregnancy discrimination.

  18. Jeff Tee says:

    I’m a male and I went and got my manicure license last year. I worked a couple of jobs and am looking for a new job. I’m finding that many nail salons say they don’t hire men at all, and some won’t let men do pedicures (which is the most lucrative part of the business). Is this legal? What can I do about it if it’s not?

  19. Dani ankrum says:

    My boss is cutting hours down to 2 days a week for all employees who have a second job and telling us we can never request a day off. I work at a pizza delivery company that has always been based on working around jobs and school schedules, how can they legally do this?

  20. John Howard says:

    Thanks for all of the great information about employment discrimination. I took a human resources class last semester and we talked about employment discrimination. It would be really interesting to deal with this issue on a daily bases. http://www.behrend-ernsberger.com/Employment_Law.html

  21. Guest says:

    Let’s be honest. We would all grab that ass if we could.

  22. dablueslover says:

    Disabled Vet. hurt on the job, resulting in injuries so severe to his spine, left 100% disabled. Living in an RV Park in a 5th wheel trailer, only rental the former Studio Transportation Driver( Teamsters local 399) could afford. Was evicted without due process, rent paid 4/2/12, due 4/6/12, on 4/16/12 he was taken to a hospital, and his wife(Thai) was told to be out by 10 am the next morning. Employees of the RV Park removed all of possessions, to storage, or threw away things that could not go to storage. This man was waiting for authorization for surgery by workers comp. but all they did is deny, deny, deny. His back condition is so severe he had surgery at C-4 thru T-1, needs surgery at T-10, T-11 with end plate damage, disk problems, also needs surgery from L-3 thru L-5,S-1, 2 levels have no disks, L-5,S-1 failed fusion from 2004, and is living with unremitting pain since atleast 2007. What is someone like this to do, besides jump off a bridge? He has tried to obtain an attorney but because his 2,4,5,6,11,14 constitutional amendments were violated it’s too complicated for anyone to bother with.

  23. Jordan West says:

    This is a great post, thanks for sharing. I think this is a big problem
    in a lot of companies. I worked in california seo and didn’t have any
    problems. Do you think males cause more problems than females?

  24. lupita says:

    my hours have been cut for an entire month, because of a non-smoking policy with my employer. My manager saw me smoking a cigarrette as i walked to my car at the end of my shift on my way home. What labor code can i refer to?

  25. Hr Solutions says:

    whenever you feel any kind of discrimination or harassment in your workplace you should definitely take initiative to resolve this..  

  26. lulu says:

    It is against my religion to work on sundays. My boss says that I am required to work at lest one sunday a month. Is this legal?

  27. Summerhathway says:

    In this post law is so discriminated law..

  28. Kimi says:

    Employment Discrimination occurs if administration abnormally individual out advisers or applicants on the base of age, race, gender, sex, animal orientation, civic origin, disability, religion, or assorted added reasons. Federal and accompaniment statutes accomplish up a lot of of the application bigotry laws. Prohibited abominable practices cover bent in hiring and firing; compensation, assignment, or allocation of employees; transfer, promotion, layoff, or recall; job advertisements; recruitment; testing; use of aggregation facilities; training and apprenticeship programs; binding benefits; pay, retirement plans, and affliction leave; retaliation; and assorted types of harassment.
    Orange County Dangerous Products Lawyer

    • Admin says:

      If an employer in California sells only items for females and they want to only hire females, and we say we are only looking for females is this discrimination?

      Also if we specifically look for females that speak Spanish and English, are we discriminating?

      I see a company only hires Asians and its obvious, how can such a company exist?

  29. Martin Dack says:

    You have provided some very good point regarding Discrimination and related facts and the associated legal action.

  30. Ramirez323 says:

    I received a call from my employer today, asking me to go work at a nother location that is 40 miles away from home. They didnt give me a reason on why or for for how long I would be at this location. If I didnt asept the assingment, I would be fired. Does this qualify as discrimination harassment?

  31. Good advice, the picture almost makes me feel violated. Hopefully the stock photo company wasn’t sued for discrimination

  32. Legal Aid says:

    If you think you are being discriminated against, it is best to consult a discrimination lawyer. Victims are protected by laws against discriminatory acts of employers.

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3 responses to “What You Need to Know About Title VII and the ADA”

  1. Ryan Sloan says:

    wow. what if as an employee you have faced numerous violations making navigating which avenue to take overly complex … and to make things more confusing, the bulk of it happened as the company was sold to a Canadian corporation, who seemed to forget about at-will status at times and offered you employment elsewhere in the company, only to be terminated in breach of contract by the sole word and hostilities of a member of your own family who had started work just several months prior in contrast with the 15+ years you worked for the previous business owner … your father? and how do you manage to find a lawyer who will take all of these things into consideration? because it’s not happening …

  2. California’s anti-discrimination laws are more favorable to employees than Title VII or the ADA… Yes, that’s right.

    • Brenda says:

      not so true when you work for the state. They try to tell you that you don’t have a case. EEO, Labor Relations and the union shined me on and said I had nothing. They do whatever keeps them in bed with the Warden and healthcare. Yet, all the research I have done says they lied to me. I filed with EEOC

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4 responses to “Fat-ism More Widespread than Racism”

  1. Al says:

    New York law prohibits discrimination against obesity (but not against the merely overweight). Delta Air Lines, Inc. v. New York State Div. of Human Rights, 229 A.D.2d 132.

  2. Grey says:

    Thank you for linking to my site.

    -Grey

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Cal. Supreme Court Rules: Medical Pot Users Can be Fired

In Gary Ross v RagingWire Telecommunications, Inc., the California Supreme Court considered the case of an employee who was taking marijuana for medicinal purposes (to deal with a back injury). When he tested positive for marijuana, his employer fired him. Plaintiff sued for disability discrimination under the California Fair Employment and Housing Act, among other… Continue Reading

One response to “Cal. Supreme Court Rules: Medical Pot Users Can be Fired”

  1. Lovin da Blues says:

    Who enforces CA civil code 51-54.7? I have left messages for city & district attorney, and have tried to call attorney general and told they ONLY represent government agencies.

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And the Winner for Most Popular Discrimination Complaint in the US Is . . .

Ever wonder what the most popular discrimination complaint in the US is? According to the Equal Employment Opportunity Commission, the answer is racial discrimination / racial harassment. Following close behind are 2. sex discrimination / sexual harassment, 3. retaliation for making a discrimination complaint and 4. disability discrimination. I’ve created the below chart from discrimination… Continue Reading

5 responses to “And the Winner for Most Popular Discrimination Complaint in the US Is . . .”

  1. TookaStand says:

    As a state employee I’m currently targeted by not just my manager but 4 other managers who have deep financial, time, legal, and personnel resources provided by the tax payer that makes it so bad most employee’s won’t even attempt to stand up to the political appointees that really don’t care if my claim is sustained or not since the Governor will just appoint them to another post and the civil servant will go on being ostracized by the remaining managers and promotion hopeful coworkers. their motto “one retirement at a ttime”‘ im in AWOL for 1st time in 27years for a claim that I didmt report in which is a out and out lie. All is on my vocal”ckncern” about the appointees involvement with redurecting 126 million to local government interest that they previously had a vested interest and likely will again. my so called union is the current admins”puppets” that I’m forced to pay $90 a month to under an existing law written by those legislators that don’t correct the perception that the retirement benefits, job security and pay is all for the average rank& file but this just isn’t so. the blatant actions by the managers under the appointee are the worse I’ve witnessed in 25 years and with their current attacks against me. they might just get away with it because I’m becoming worn out trying to fight for the”people” when their elected officials are using the power of the office to push me out and away.

  2. Dfgodinez says:

    i just recently went back to work do to carpal tunnel surgery i had clock out a supervisor was at the door checking employes  to make sure there is no stealing going on i was the first one out she ask me to open my handbag as i stood out watching i was the only one she ask to see my handbag then a male supervisor walk out with his lunch box and she did not ask him to open it what can i do

    • DrTara Brasfield says:

      Dfgodinez, what U.S. state are you living in and what is your job title? Is this a constant and ongoing issue at your workplace? You only speak of one issue that really is not detailing whether or not this takes place daily or at least once every week. Are there other issues that take place as well and how many minorities could this be happening to versus non-minorities? You have to show that this could be happening consistently to you or to others who fall under the various types of minority workers or if this could be happening because of other reasons. One situation will not make this scenario a valid claim for harassment of any kind. Journal your day to day activities and how often certain people are targeted. This may help you determine what is truly going on.

  3. Tinat211 says:

    My husband works 4-10 monday – thursday.  three weeks ago his boss told him and another co-worker not to make any more plan for the next 3 month on friday and saturday because there mandatory over-time.  no vacation can be taken either.  but the last two friday and saturday the boss call of friday and saturday because he had plan.  there no written schedule, just a “you have to work today…oh wait i have plan no work today…. but yes work next friday and saturday..and if you (my husband and coworker) calls out they will be written up….

    Is the company allow to do this?

    • Tara says:

      Tinat211, what U.S. State are you living in? Your employer can “ask” or “request” for your husband to work on a particular day, but if your husband and his coworker are flexibly scheduled employee’s or hourly employee’s, there is no law that states they “have to” do it. Maybe your husband and his coworker, should start “journaling” what is taking place on a daily basis there in the workplace and try to research what the “motives” of his supervisor are. However, based on your scenario, it would be difficult to say.

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House Passes Bill Banning Discrimination of Lesbians, Gays, Bis (but not Transgenders)

On November 7, 2007, the Employment Non-Discrimination Act (“ENDA,” H.R. 3685), a federal bill which bans employment discrimination on the basis of sexual orientation, was passed by the U.S. House of Representatives. The vote was decisive at 235-184. The bill is backed by the Leadership Conference on Civil Rights, NAACP, ACLU, Continue Reading

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Disabled Employee in San Francisco Wins $350K Judgment

Fellow attorney Richard Vaznaugh reports a unanimous San Francisco jury awarded an employee in a disability discrimination case $150k in lost wages and $200k in non-economic damages. Tania Garcia had worked at the Electrical Industry Service Bureau, Inc. in San Francisco as a data entry clerk when she became disabled due to eczema and started… Continue Reading

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