Workplace discrimination in California can take many different forms. Employees can sometimes face unlawful discrimination because of their race, religion, sex, age or disability, to name a few examples. One form of workplace discrimination that is often overlooked by both employees and employers is discrimination under the Employee Retirement Income Security Act.
Californians may be interested in learning about a recent survey regarding the workplace discrimination experienced by Muslim-American doctors in U.S. hospitals. The national survey was conducted by researchers at the University of Chicago.
Despite years of effort to end prohibited discrimination in the workplace, discrimination based on race and gender continues to be a problem in California and around the country. A major issue is that such discrimination may be covert and difficult to prove, despite the fact that it is so prevalent.
In California and around the country, there is a growing concern for the discrimination faced by job applicants with mental and physical disabilities. This workplace discrimination is the reason that the unemployment rate for individuals with disabilities is twice as high as the unemployment rate among people without disabilities.
Many Californians from the baby boomer generation are still working or looking for work. Although employment discrimination against people aged 40 and older is unlawful, the majority of older workers say that they notice their peers being discriminated against. A 2013 survey by AARP revealed that two-thirds of older workers have either witnessed or experienced age discrimination.
As we talked about in our last blog post, age discrimination can be a problem for people who are seeking employment. Older people may not be considered for positions simply because of their age, even if they have the skills and experience to fulfill the requirements of the job.
Older men and women who are attempting to get back into the California workforce may find it difficult. In some cases, businesses may try to hire younger individuals even though this is against federal and state law. One woman found herself to be part of a lawsuit after she learned that she was overlooked for a position that went to a young woman who had no experience.
Since 2012, transgender workers have been protected by Title VII of the Civil Rights Act of 1964, in the view of the U.S. Equal Employment Opportunity Commission. According to guidance published by the Office of Personnel Management and by the EEOC, workers should be called by the name and pronoun of their choosing. For instance, if an anatomical male wishes to be addressed as she or her, the employer would be required to do so.
A former second assistant director on the popular sitcom 'The Big Bang Theory" has filed a lawsuit in California against Warner Bros. Television because he claims to have been fired due to his age. The man alleges age discrimination after his duties changed when he turned 50 in 2012. At the time, the show was in its sixth season. The plaintiff has been a member of the Directors Guild of American for 30 years and had worked on the program since its premiere.
On July 15, the Equal Employment Opportunity Commission ruled that current law already prohibits discrimination against employees who are gay, lesbian, bisexual or transgender. The historic decision is a major victory for LGBT employees in California and nationwide.