Employment Discrimination
Click here to complete our employment law case evaluation form.
Fair Employment and Housing Act (FEHA)
California’s Fair Employment and Housing Act (FEHA) defines sexual harassment as harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnancy, childbirth or related medical conditions. The FEHA definition of sexual harassment includes many forms of offensive conduct such as harassment of a person of the same gender as the harasser.
Some common examples of sexual harassment in the workplace are:
Unwanted sexual advances, overtures, or physical touching
- Quid pro quo: offering employment benefits in exchange for sexual favors
- Retaliation, actual or threatened
- Making sexual gestures, displaying sexually suggestive objects, pictures, cartoons, or posters
- Using derogatory comments, slurs, epithets, or jokes
- Making sexually graphic comments about someone’s body
- Blocking or impeding movements or assault
Employer Obligations
All employers, regardless of the number of employees, are covered by the harassment section of the FEHA and have legal obligations to:
- Take all reasonable steps to prevent and stop sexual harassment and discrimination
- Take prompt action to correct any effects of harassment that has already happened
- Create and implement a sexual harassment policy with an employee complaint and employer investigation procedure
- Post the Department of Fair Employment and Housing (DFEH) employment poster DFEH 162 in the workplace.
- Distribute the DFEH 185 informational pamphlet or legally equivalent materials to employees
Employer and Personal Liability
Employers are typically liable for harassment by their supervisors or agents. Employers can also be held liable for harassment committed by a non-employee, such as a customer or vendor, if the employer knows about it and fails to act swiftly to correct it. The harassers themselves, whether or not they are supervisors, may be held personally liable for committing or aiding harassment of a coworker or employee.
Employers might avoid liability under the following conditions
- The harasser is not a lead, supervisor, manager, or other position of authority
- The employer did not know about the harassment
- The employer had a program to prevent and investigate harassment
- The employer took immediate corrective action once the harassment was known
Unruh Civil Rights Act
California’s Unruh Civil Rights Act outlaws discrimination by every business establishment on account of age, ancestry, color, disability, national origin, race, religion, gender, sexual orientation, or other personal characteristics similar to these. This law requires full and equal accommodations, advantages, facilities, privileges or services in all business establishments in California.
Ralph Civil Rights Act
California’s Ralph Civil Rights Act (Civil Code section 51.7) outlaws violence or threats of violence because of position in a labor dispute, age, ancestry, color, disability, national origin, political affiliation, race, religion, gender, or sexual orientation. Some examples of acts forbidden by the Act are verbal or physical threats, assault, graffiti, name calling, swastika paintings, cross burnings, bomb threats, arson, disturbance of religious meetings, vandalism or property damage.
Who We Represent
Our California employment lawyers represent employees, labor organizations, and labor unions involved in employment discrimination and wrongful termination claims or lawsuits.
What We Do
We provide legal counsel and advocacy during investigation, mediation, arbitration, and litigation of discrimination claims:
- Review the evidence to determine whether there is a case
- Prepare you for interviews, conferences, and hearings
- Investigate to determine what evidence might exist regarding your situation
- Perform discovery to determine the factual basis of the claim and identify supporting documents
- Appear with you at interviews, conferences, and hearings
- Negotiate a settlement, if appropriate
More Information on Discrimination and Wrongful Termination