California’s State Laws against Discrimination
The California Fair Employment and Housing Act makes it illegal for an employer to discriminate on the basis of race, religious creed, color, age, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Workplace discrimination against people predisposed to a genetic hereditary disease is also illegal, as is testing employees for genetic characteristics.
California anti-discrimination law is often written or interpreted more broadly than federal law, especially in the areas of disability discrimination and sexual harassment. Unlike federal law, co-workers who are not supervisors can be sued and held personally responsible for unlawful workplace harassment. State law on disability discrimination differs in several ways from the federal Americans with Disabilities Act. The state law has:
– Broader definitions of physical disability, mental disability, and medical condition
– No requirement for a substantial limitation on a major life activity
– Limitation is determined without considering mitigating measures
In California, a discrimination claim can be filed either with the state administrative agency, the California Department of Fair Employment and Housing (DFEH) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.
The California anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if your workplace has between 5 and 14 employees, you should file with the DFEH, as the EEOC enforces federal law which covers only employers with 15 or more employees. If your workplace has 15 or more employees, you may file with either agency.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/file_CA
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