An independent contractor is a person who an employer hires to complete a project. The employer does not have control over how the project is completed. In California, a person hired to do something for the benefit of another is assumed to be an employee unless the employer proves otherwise. See, Labor Code, § 3357.

For example,

An employee is a person hired by employers to do something for the employer’s benefit or for the benefit of the employer’s customers. An employer has the right to control how the employee does their work is done by the employee. See, Labor Code, § 2750.

As discussed here, whether someone is an employee

An employer cannot fire, demote, refuse to hire, or take other job actions concerning employees based on the employee’s

  • race,
  • religion,
  • color,
  • ancestry,
  • disability,
  • gender,
  • veteran status, or
  • any other protected class.

For example, if a clothing store decides to give raises only to non-Latino employees because it wants the store’s appearance to match a

An employer faced with an allegation of discrimination resulting from disparate impact can defend against the allegation by claiming business necessity. To use this defense, the employer must prove that there was a real business purpose behind the workplace practice or policy that resulted in discrimination. There must also be no other way to achieve

California’s law protects employees not only from so-called ultimate employment actions such as termination or demotion, but also from any adverse employment action – i.e. the entire range of employment actions that are likely to have a substantial negative impact on an employee’s job or career.

Although offensive or rude comments or even repeated social

Severance pay is an extra amount paid to an employee upon the ending of the employee’s employment in addition to wages due, vacation pay, or bonus owed to the employee. In California there is no legal requirement to provide severance pay to an employee unless the employer agreed to pay it.

When an employer or supervisor requires an employee to engage in sex to keep their job or receive some job benefit like a raise or promotion, that’s quid pro quo harassment. California’s FEHA law (Fair Employment and Housing Act) prohibits quid pro harassment and permits the employee to sue both the employer and the harasser.

Sometimes an employer has some policy or practice that appears to be fair to everyone but, in the real world, has negative consequences for certain employees only. If the employees who suffer are members of a protected class, then the policy is said to have a disparate impact and it is illegal.

For example, if