Helpful Information

Discrimination, Harassment and Retaliation

California Law protects employees from being discriminated against in the workplace based on certain criteria. Those criteria are outlined in California Government Code Section 12940. It states:

It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:

(a)  For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.

Before filing a civil case for discrimination, harassment or retaliation based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation, you must file a complaint with the California Department of Fair Employment and Housing.  The Department of Fair Employment and Housing plenty of helpful information pertaining to your rights in the work place at their website which can be found at:   http://www.dfeh.ca.gov/about.asp  

Family Rights / Medical Leave

The California Family Rights Act (CFRA) was established to ensure secure leave rights for the following:

Birth of a child for purposes of bonding

Placement of a child in the employee's family for adoption or foster care

For the serious health condition of the employee's child, parent or spouse

For the employee's own serious health condition

If you have taken time away from work under CFRA, and feel that your employer has treated you adversely for doing so, there may be remedies available to you under the law. The State of California provides some information, including the benefits process, pertaining to the California Family Rights Act at: http://www.dfeh.ca.gov/Statutes/cfrabenefits.asp

The U.S. Department of Labor provides benefits to certain employees under the Family and Medical Leave Act. The FMLA generally requires that Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

Not all employers are required to provide FMLA leave, nor are all employees eligible. For a more in depth discussion of the FMLA, visit The Department of Labor's website at: http://www.dol.gov/esa/whd/fmla