Harassment Law

California is an at-will employment state. So, employers can hire or fire workers for good reason, bad reason, or no reason at all. Given this employer-friendly legal environment, many California workers believe they basically have no legal rights. But that’s not correct. A wide range of employment laws protect employees. Recently, the California Supreme Court extended these rights even further. So, many “gig economy” freelancers now enjoy these same protections.

In many cases, the law also protects workers from non-employer harassment and other actions. Many waitresses and other customer-facing workers must endure highly offensive behavior from customers, vendors, and other such people. If the employer knows about this conduct yet fails to stop it or take steps to protect the worker, the employer may be liable for damages.

Obviously, the issues in employee rights cases are incredibly complex. But at the Law Office of Bassam Marjiya , we simplify these complex issues. Due to our experience, we quickly get to the heart of the matter. Then, we go about protecting your rights in a very straightforward way. Sometimes that means using legal loopholes to protect our clients. Other times, that simply means letting the facts speak for themselves. Either way, we are always in it to win it.

Antidiscrimination Laws That Protect You

As mentioned, California employers may take adverse action, such as hiring and firing, for random reasons. However, they may not take such action based on an illegal reason. Title VII of the Civil Rights Act applies to a wide range of employee statuses, including:

 

  • Age: Even though workers over 40 are entitled to special protection, employers routinely try to eliminate these workers in favor of younger and cheaper talent. Because of a recent Supreme Court decision, age discrimination cases are difficult, but certainly not impossible, to win.
  •  Gender: This category includes discrimination against biological gender as well as sexual orientation. It is not clear whether this protection applies to transgender individuals and to what extent it applies. However, the body of law, especially 1989’s Price Waterhouse v. Hopkins, suggests that all protections apply to the full extent of the law.
  •  National Origin: For years, the “English-only” workplace was basically a legalized form of national origin discrimination. Even though courts now see through this façade and have taken appropriate action, many employers still use this discriminatory ruse.

 

Traditionally, only legal employees received these protections. But thanks to 2018’s Dynamex v. Los Angeles Superior Court, many independent contractors in the Golden State may now be entitled to these protections. Dynamex may also apply to wage/hour issues, which are outlined below.

 

In most discrimination cases, the victim must establish a prima facie discrimination case. The defendant then must give a discrimination-neutral justification for the adverse action. The victim may refute this stance by showing that the “nondiscriminatory reason” was nothing but a pretext.

Wage and Hour Issues

These legal protections go well beyond hiring and firing decisions. A different set of laws applies to time off, compensation, and other such issues.

Sometimes, discriminatory action is like a wolf in sheep’s clothing. Paternalistic pregnancy discrimination is a good example. Some companies take adverse action against some pregnant employees, claiming that their actions are best for the baby’s health and safety. That could be reducing a pregnant woman’s hours or transferring her to another job. But such actions are always illegal. The employer’s motive is irrelevant.

Some employers try to use misclassification to skirt antidiscrimination laws. For example, they might label employees as “interns” to avoid paying the minimum wage.

Time off is an issue as well. The Family Medical Leave Act applies to a wide range of situations. Some of them are related to the employee’s heath and well-being, while others pertain to a member of the employee’s household. Many employers hate the FMLA. They especially hate it when workers use FMLA leave on an as-needed basis. Workers have substantial rights in these cases. Even if their FMLA leave is exhausted, the law may still protect them.

Workplace Conditions

Fair hiring/firing decisions and a fair wage are only part of the puzzle. California workers are also entitled to a harassment-free workplace. Sexual harassment is one of the most pressing problems. A majority of workers say that they have been harassed at some point. There are basically two categories of sexual harassment:

  • Hostile Environment: Occasional tacky jokes or crude remarks do not create a hostile environment. But if the offensive computer wallpaper or other sexual innuendo makes it difficult to perform your job, you may have a claim for damages.
  •  Quid Pro Quo: In the movies, it’s romantic when the shy boss asks the pretty intern if she wants to “discuss the promotion over dinner.” But in real life, this conduct is usually illegal. Employers cannot condition preferential treatment on sexual favors of any kind.

Many employers only conduct cursory investigations in sexual harassment cases. Based on the results of this “investigation,” they often discipline the complaining employee. Such retaliation makes it even easier to prove your claim. That retaliation is a separate discriminatory act.

California workers have a number of legal protections that they may not even know about.