Information and Insights surrounding the Law and the Rights of Accident Victims and their Families
Information and Insights surrounding the Law and the Rights of Accident Victims and their Families
The law prohibits employers from making decisions regarding employees based upon protected classes. But what is a protected class?
Protected classes are certain categories of specific, personal characteristics. For example, gender is a protected class. That means, an employer may not make decisions regarding employees based upon the employee’s gender. An employer cannot fire, demote, …
An employer cannot fire, demote, refuse to hire, or take other job actions concerning employees based on the employee’s
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 …
Retaliation involves an employer taking adverse employment action against an employee because the employee opposed any workplace harassment or discrimination forbidden by law, or because the person filed a complaint, testified, or assisted in any proceeding
See, CACI 2505 and Government Code, § 12940(h).
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 …
Yes! The law provides greater protection for an employee than an independent contractor. Anti-discrimination, anti-retaliation and rest break laws protect employees not independent contractors. State agencies such as the Division of Labor may enforce the laws for employees; but independent contractors must seek remedies from the Court under contract law.