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Bogaards Law handles harassment and discrimination claims of many types and will fight for your rights.

Common Questions Our Employment Lawyers Hear from Prospective Clients

Employment laws can be complicated, and it is natural for employees to have questions about possible mistreatment at work. Below are some frequently asked questions heard by our California employment attorneys. If you have specific concerns, contact our legal team directly. 

What types of discrimination are prohibited at work?

In addition to federal law, California has some of the strictest discrimination prohibitions of any state. Currently, California employers may not act in a discriminatory manner in hiring or employment based on any of the following characteristics:

  • Race or color
  • Natural hairstyle
  • Ancestry or national origin
  • Sex
  • Sexual orientation
  • Gender expression or identity
  • Pregnancy
  • Marital status
  • Religion
  • Actual or perceived physical or mental disability
  • Medical conditions
  • Genetic information
  • Age if the individual is 40 or older
  • Military or veteran status
  • Criminal history

An adverse employment decision or action based on these characteristics can be unlawful discrimination, as can policies that disproportionately impact members of a protected class. 

What constitutes unlawful workplace harassment?

Harassment is a type of workplace discrimination that involves offensive conduct based on a protected characteristic. While all types of harassment occur, sexual harassment is the most commonly reported. Conduct can rise to the level of harassment if it creates a hostile work environment for one or more employees. In addition, “quid pro quo” sexual harassment involves someone with authority making your employment a condition of sexual favors or conduct. 

Did your employer retaliate against you?

Employees should not have to worry about losing their jobs or experiencing other consequences if they report concerns about harassment or discrimination, or they exercise other legal rights. For this reason, the law further prohibits employers from retaliating against employees for such activities. Retaliation does not simply mean termination, as it can also involve undesirable transfers, reduction in shifts or hours, demotion, denials of a deserved promotion or pay raise, undeserved poor performance reviews, harassment, or other forms of disciplinary action. 

Were you wrongfully terminated?

Wrongful termination is at the heart of many employment law cases. The law in California permits at-will employment, which means that unless you have an employment contract, an employer can terminate you for any reason that does not violate laws or public policy. In many situations, getting fired might seem unfair, but it does not violate the law. On the other hand, some reasons that might constitute wrongful termination include:

  • Retaliation for complaining of unlawful conduct
  • Retaliation for filing a workers’ compensation claim or requesting family and medical leave in good faith
  • Refusing to engage in unethical or illegal conduct requested by your employer
  • Whistleblowing
  • Requesting reasonable accommodations based on your religion or disability
  • Exercising other legal rights

Speak with Our California Employment Lawyers Regarding Your Questions and Concerns

Knowing whether you have an employment law claim can be challenging. You should never wait to discuss your concerns with a California employment attorney at Bogaards Law. Contact us so we can begin standing up for your rights. 

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