OVERVIEW

Employment litigation encompasses a wide variety of unlawful employer actions that are governed by one or more federal or state statutes. The Federal and California state laws prohibiting job discrimination are:

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
• the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
• the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
• the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
• the California Fair Employment and Housing Act ("FEHA"), which prohibits employment discrimination based on race, color, religion, sex, or national origin, among other classes.

In general, under Title VII of the Civil Rights Act of 1964 ("Title VII"), the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), and the California Fair Employment and Housing Act ("FEHA") it is illegal to discriminate in any aspect of employment, including:

• hiring and firing;
• compensation, assignment, or classification of employees;
• transfer, promotion, layoff, or recall;
• job advertisements;
• recruitment;
• testing;
• use of company facilities;
• training and apprenticeship programs;
• fringe benefits;
• pay, retirement plans, and disability leave; or
• other terms and conditions of employment.

Discriminatory practices under these laws also include:

• harassment on the basis of race, color, religion, sex, national origin, disability, or age;
• retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
• employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
• denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Further, employers are required to post notices to all employees advising them of their rights under the laws the Equal Employment Opportunity Commission ("EEOC") enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

WHO MUST COMPLY?

Title VII and the ADA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations. FEHA covers all private and public employers with 5 or more employees.

MAKING A CLAIM

It is imperative for the victim to directly inform his or her employer of the unlawful conduct. The victim should also use any employer complaint mechanism or grievance system available. Failure to do so may prevent the employee from recovering damages from his or her employer. Charges must be filed with EEOC within 180 days of the alleged discriminatory act. However, in states or localities where there is an antidiscrimination law and an agency authorized to grant or seek relief, a charge must be presented to that state or local agency. Furthermore, in such jurisdictions, you may file charges with EEOC within 300 days of the discriminatory act, or 30 days after receiving notice that the state or local agency has terminated its processing of the charge, whichever is earlier. It is best to contact an experienced sexual harassment attorney promptly when discrimination is suspected. When charges or complaints are filed beyond these time frames, you may not be able to obtain any remedy.

CONTACT US

DaCorsi & Placencio, P.C.
21031 Ventura Boulevard, Suite 1200
Woodland Hills, CA 91364-2203
Telephone: (818) 884-6666                                                                                            Facsimile: (818) 884-8677