Employment

On July 1, 2018, California’s Fair Employment and Housing Commission regulations expand its protections against “national origin discrimination" under the FEHA. Fair Employment and Housing Act apply to public employers in California. National origin discrimination is serious, and we must actively enforce zero tolerance everywhere, at all times. California takes pride in its diversity, and the law reflects this commitment to inclusivity. The Fair Employment and Housing Act (FEHA) provides robust protections against workplace discrimination, including discrimination based on national origin. At KAASS Law, we champion the rights of employees and strive to create workplaces free from prejudice and bias. The following will explore national origin discrimination under FEHA and how we can help if your rights have been violated.

FEHA

Enacted in September 18, 1959, FEHA was a big step on improving equality and fairness amongst all types of people in California. The Fair Employment and Housing Act (California Government Code Section 12900-12951 & 12927-12928 & 12955 - 12956.1 & 12960-12976) provides protection from harassment or discrimination in employment because of: age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex, and sexual orientation. The Fair Employment and Housing Act (FEHA) also prohibits discrimination in all aspects of housing (rental, lease, terms and conditions, etc.) because of a person's disability. The definition of disability used in California exceeds the Federal definition and can be found in the housing section of the Act.

National Origin Discrimination Under FEHA

The regulations clarify the definition of "national origin” and includes “the individual’s or an ancestor’s actual or perceived characteristics including:

• Physical, cultural, or linguistic characteristics associated with a national origin group
• Marriage to or association with persons of a national origin group
• Tribal affiliation
• Membership in or association with an organization identified with or seeking to promote the interests of a national origin group;
• Attendance or participation in schools, churches, temples, mosques or other religious institutions generally used by persons of national origin group; and
• Name that has association with a national origin group.

The regulations also provide protections to “national origin groups” including geographic places of origin, ethnic groups, and countries that are not presently in existence. Under this definition, an employee’s protected national origin status includes:

• A geographic location or country
• A formerly existing country
• A region that is not a country but is with an ethnic group.

The regulations also state that “undocumented employee or applicant employee” is the appropriate reference to someone who lacks authorization under federal law to be or work in the USA.

National Origin Discrimination by Language Restrictions at Workplace

Since 2001, the State of California has prohibited employers from adopting a policy that prohibits or limits the use of any particular language in the workplace, unless the employer met certain notice requirements and a business necessity justified the restriction. The regulations also state additional restrictions on employers who limit or prohibit employees from using any language in the workplace. Workplace language restrictions are prohibited unless:

• The restriction is justified by a business necessity. (Business necessity doesn’t exist where the restriction is based on mere “business convenience.”)
• The restriction is narrowly tailored
• The employer notifies employees of the time and conditions when the restriction must be observed and the consequences for violating the restrictions.
• According to the regulations "English-only rules are not lawful during an employee's non-work time. For example such as lunch, breaks or unpaid employer-sponsored events.

Immigration-Related Practices

The regulations place some restrictions on immigration-related practices also. The employer cannot inquire into an employee's immigration status unless he can present clear and convincing evidence. Such an inquiry is necessary to comply with federal immigration law. It is also illegal for an employer to retaliate against or discriminate against the employee because of the employee's immigration status unless he can present clear and convincing evidence that such inquiry is necessary to comply with federal immigration law. The employer can’t take adverse action against an employee who updates or attempts to update his personal information because of a change in the name, government-issued employment documents, or social security number.

KAASS Law: Fighting for Workplace Equality

Discrimination isn't something we take for granted. These types of behaviors can put a toll on victims' livelihood and their finances. We can help and fight for any claims of potential financial compensation! At KAASS Law, we commit to fighting for workplace equality and protecting employees from all forms of discrimination. If you have experienced national origin discrimination, contact us today for a free consultation. We can help you understand your rights, navigate the legal process, and seek justice for the discrimination you have suffered.

If you believe there has been discrimination against due to your national origin, we invite you to contact our Los Angeles employment lawyer at (310) 943-1171 for a free consultation and case review.

Age discrimination happens when the job applicant or an employee receives less favorable treatment because of his age. California two main sets of law: the federal Age Discrimination in Employment Act (ADEA) and the Fair Employment and Housing Act (FEHA) protect the employees against age discrimination.

Examples of Age-Based Discrimination

It is against public policy to discriminate against employees over the age of 40 based on their age. This includes treating employees differently due to age, with respect to the employees:

• compensation
• work conditions
• job assignments
• terms of employment

Some common examples of age-based discrimination include:

• Refusing to hire older employees, despite being equal or more qualified than others
• Refusing to promote the employee because of his age
• Firing the employee, after he reaches a certain age

Are you wondering if you have been a victim of employee disability discrimination in California? According to California Fair Employment and Housing Act (FEHA), it is unlawful for the employer to discriminate against any person based on mental or physical disability. Americans with Disabilities Act (ADA) protects qualified employees and applicants from employment discrimination based on disability.

Elements of Workplace Disability Discrimination

According to CACI 2540 to establish the claim of employment discrimination based on disability the plaintiff must be able to establish the following elements:

• The defendant was the employer of the plaintiff or the plaintiff applied to the defendant for a job
• Defendant knew that the plaintiff had a physical disability
• Plaintiff was able to perform the essential job duties with reasonable accommodation for his physical condition
• Defendant discharged or refused to hire the plaintiff or subjected the plaintiff to an adverse employment action or the plaintiff was constructively discharged

Understanding The Bill

Over the years, drivers under Uber, Lyft, and many others have not been successful with these apps. California legislature approved Assembly Bill 5, back in the year 2019, requiring app-based companies like Uber, Lyft, and Doordash treat workers as employees. It's aim is to make it harder for companies to classify workers as independent contractors rather than employees. This bill on a 2018 California Supreme Court decision, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, establishes the "ABC test" for determining whether a worker is an independent contractor or an employee. Workers must be an employees instead of contractors if a company retains control over how they perform their tasks or if their work is part of a company’s regular business. California will become the first state to require app-based companies/gig-economy to treat workers as employees. Overall, AB 5 marked a pivotal shift in California's approach to worker rights, particularly within the gig economy, and its influence continues to shape debates about labor classification in the state and beyond