Discrimination is unfortunately not uncommon here in Inland Empire, throughout California, and in the rest of our country. Fortunately, California lawmakers have worked hard to protect employees in this state and have expansive protections in place in order to protect as many people as possible from discriminating employers. Employment discrimination is not only illegal, but it is incredibly harmful to employee victims who are forced to endure the discrimination.
Protected classes and categories
Under California law, protections are in place for employees who fall into the following classes and categories:- Pregnancy
- Sex
- Age discrimination
- Physical disability
- Mental disability
- Race
- Color
- Religion
- Sexual orientation
- Genetic information
- Gender identity and gender expression
- HIV/AIDS
- National origin
- Marital status
- Medical condition
- Other discrimination may include not making appropriate accommodations for religion, disability, and lactation breaks
Discrimination defenses
Common employer discrimination defenses include:- Poor work performance – Defendants may claim that the employer’s conduct was related to the employee’s poor work performance rather than discriminatory motives.
- Failure to notify or follow required procedures –Employment discrimination claims are subject to required notifications and procedures, which is why it is important to enlist the help of an attorney for your claim.
- Statute of limitations – If employees have waited too long to file their employment claim, defendant employers will raise a statute of limitations defense.
- Not qualified for the position or promotion – Defendant employers may claim that its reason for not promoting an employee or hiring a candidate is due to the plaintiff not being qualified for the position rather than due to discrimination.
- Failure to comply with company policies – Employers may point to breach of company policies such as being on time for work, inappropriate Internet usage, or failure to attend required employee training as the reason for its conduct against the employee rather than discrimination.
- Employee misconduct – Employers may point to employee misconduct such as workplace harassment or theft as the reason for the actions it took against the plaintiff’s employment.