Federal and State Laws Safeguarding California Workers from Discrimination
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by: georgefuller
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Date: Tue, 31 Jan 2012 Time: 2:38 PM
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Employment discrimination in the United States may be alleviated as well as addressed through effective implementation and observance of certain employment laws. In relation to this, it is the duty of employers together with workers to realize their rights and responsibilities under anti-discrimination statutes.
There are many states in the country that were “plagued” with accounts of workplace discrimination, and California is not an exception. Even though the state of California is known for its diversity, certain employers still fail uphold the rights of employees. Fortunately, there are particular employment laws in it that protect workers from different forms of employment discrimination.
The following are the common Federal and State laws that prohibit employers from committing acts that would result in discrimination:
1. Age Discrimination in Employment Act (ADEA) – In accordance with this law, employees and applicants aged 40 and older have the right not to be discriminated based on their age. This law protects the interests of older workers who still have the capacity to perform regular work tasks. However, this Federal law is not absolute. Employers who make use of bona fide occupational qualifications (BFOQ) may not be charged of discrimination if they deny application of older applicants.
2. Americans with Disabilities Act (ADA) – This Federal law requires employers not to discriminate against employees and applicants based on their physical or mental disability. Pursuant to ADA, employers are requested to provide reasonable accommodation to qualified applicants and workers.
3. Genetic Information Nondiscrimination Act (GINA) – Employees and the applicants’ genetic information or family medical history cannot be used against them by their employers. Under GINA, employers cannot terminate, demote, deny benefits, and do other employment-related decisions based on a person’s genetic information.
4. Title VII of the Civil Rights Act of 1964 – This is the umbrella law for various forms of discrimination in the workplace. In accordance to Title VII, owners with 15 employees or more are prohibited to discriminate against their workers as well as applicants based on their age, sex, religion, disability, marital status, race or color, and national origin or citizenship status.
5. California Fair Employment and Housing Act (FEHA) – This California State law provides ample protection to employees with respect to employment discrimination. Protected classes of FEHA include age, sex, gender identity and expression, disability, race or color, religion, marital status, and national origin.
Employees or applicants who feel that they were wrongfully discriminated by their employers are advised to file a formal complaint with the US Equal Employment Opportunity Commission (EEOC). If the Commission finds the complaint valid, it would help the affected parties reach an agreement favoring the discrimination victim.
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Jon jumped-start his profession in web content writing and has written Los Angeles Employment Lawyers and Los Angeles discrimination attorney articles to date.
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