Employment Discrimination

12 Jun Protected Classes in Employment Discrimination Cases

There are a number of protected categories. The protected categories under California are very broad. In fact, California probably has the broadest protection against employment discrimination of any state in the country. Some protected categories under California law include sex (including pregnancy, and gender or gender identity), sexual orientation, age, race, color, religion, nationality, ancestry, family status and disability. With respect to age as a protected category, the presumption is that if you are over the age of 40, then you are in a protected category. There is technically a distinction between race and color but they often go hand-in-hand.  This does not mean, however, that only non-white employees fall within a protected category. The purpose of anti-discrimination laws in California is to prohibit discrimination against any race or color, including people who are white. The point is that employers should not discriminate against its employees because of their race or color, regardless of what that race or color is. California law protects both physical and mental disabilities. It also protects employees who are believed to have a physical or mental disability by their employers. So, even if you are not in fact disabled, if you are “regarded as disabled” by your employer, your employer is not allowed to discriminate against you. California law also prohibits employers from discriminating against an employee who is not presently disabled, but could become disabled in the future. There are other protected categories that are perhaps less commonly an issue. For example, California considers immigration status, genetic information and military/veteran status as protected categories. If you are in a protected category, and your employer or prospective employer is treating you differently than other employees who are not in a protected category, it is important to speak with a labor and employment attorney. A labor and employment attorney can help you evaluate whether you are experiencing unlawful employment discrimination because you fall within a protected category. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of employment discrimination. Contact the Khadder Law Firm today for a free consultation....

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08 Jun What is employment discrimination?

In general, unlawful employment discrimination is when an employer treats an employee differently because of some characteristic that is considered a protected category, known as a "protected class." Employment discrimination can also happen to applicants for employment. Employment discrimination against applicants for employment is also unlawful. Often it can be challenging to establish that you're being discriminated against with direct evidence. This is because employers usually do not expressly state that you are being treated differently because you fall in one or more protected categories. Generally speaking, when looking into whether you are experiencing unlawful employment discrimination, you must consider how your employer treats you with respect to your rights and responsibilities of your employment, such as your pay, your duties, and whether you remain employed. If you are in a protected category, and another similarly situated employee is not in a protected category, it is important to compare how your employer treats that other employee with how your employer treats you. If your employer treats you differently than it treats an employee who is not in a protected category, this is referred to as disparate treatment. The greater the difference in how your employer treats an employee in a protected category with how they treat a similarly situated employee who is not in a protected category, the more likely the disparate treatment is because of unlawful employment discrimination. If you believe that your employer or prospective employer is treating you differently than other employees, it is important to speak with a labor and employment attorney. A labor and employment attorney can help you evaluate whether you are experiencing disparate treatment because you fall within a protected category. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of employment discrimination. Contact the Khadder Law Firm today for a free consultation....

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