Most Californians likely understand that it is illegal for employers to discriminate against workers who are members of protected classes or who have engaged in protected activities. When employers discriminate and the workers file discrimination claims, the employers are prohibited from retaliating against them.
If a California job seeker over the age of 40 does not get a position that he or she applied for, it could be the result of discrimination. The Age Discrimination in Employment Act makes it illegal to discriminate against a worker over the age of 40 based on his or her age. However, it may be difficult to prove that a company passed on a person because he or she was deemed to be too old.
A study conducted by researchers at the University of California, San Francisco found that four out of five female physicians had experienced discrimination at work. Researchers asked members of an online community called the Physicians Moms Group about their mental and physical health as well as their experiences at work. Of the almost 6,000 women who responded, roughly 78 percent said that they had experienced some form of workplace discrimination.
California workers who are thinking about filing a discrimination lawsuit against an employer may want to know more about the "after-acquired evidence" defense. As the name implies, after-acquired evidence is information that an employer discovers about an employee after a termination. Companies may claim that this information would have led to an employee's termination had it been discovered prior to a worker being let go.
While California employees already enjoy protection from workplace discrimination on the basis of sexual orientation, this is not the case in every state. However, on April 4, the U.S. Court of Appeals for the 7th Circuit became the first full federal appeals court to conclude that Title VII of the Civil Rights Act of 1964 applies to this type of discrimination. Title VII prohibits discrimination based on gender.
A study led by an economist at the University of California, Irvine, has found employers may be discriminating against older individuals who are applying for jobs. The researchers sent out 40,000 resumes applying for actual jobs. The resumes that were sent out were identical for the same job type with the exception of the ages of the applicants.
Some California residents who are concerned about workplace discrimination have interpreted the removal of content about lesbian, gay, bisexual, or transgender people from federal websites since the inauguration of President Trump as worrisome. The director of Human Rights Campaign Government Affairs said that the new administration's stance on LGBT rights remains unpredictable. He said there had been talk of repealing executive orders issued by Obama and scaling back regulations by 75 percent.
The H1-B visa program allows employers in California and around the country to hire foreign individuals who possess skills or qualifications that Americans workers lack. Some labor advocates say that large U.S. and international companies are using such programs to reduce payroll costs by replacing American employees with foreign workers who are willing to accept lower wages and fewer benefits, and the Walt Disney Company has borne the brunt of much of this criticism.
The Equal Employment Opportunity Commission safeguards the right of most Illinois residents to work free of discrimination against them because of their nation of origin. A memorandum from the EEOC provides a wide variety of examples and illustrative situations that will help employers to determine exactly when they might or might not be in violation of workplace discrimination laws.
California residents may be interested to learn about a workplace discrimination lawsuit that was filed by the Equal Employment Opportunity Commission on behalf of a homosexual man. On Nov. 4, a federal judge in Pennsylvania made the decision to allow the suit to proceed to trial. According to the judge, the plaintiff sufficiently proved that the defendant had violated sex discrimination protections afforded by Title VII of the Civil Rights Act.