The attorneys at Bononi Law Group, LLP, represent clients in Pasadena and throughout Southern California in disputes involving alleged discrimination. We work with employers and employees and provide details about how we handle these cases on our Employment Discrimination and Harassment page.
Below are answers to frequently asked questions about employment discrimination.
For more information, call the Southern California attorneys at Bononi Law Group, LLP, at 866-295-7512 or use the online contact form to schedule a free consultation.
Q. Is it discriminatory to prevent employees from expressing their religious beliefs?
A. It may be illegal to stop employees from expressing religious beliefs. Title VII of the Civil Rights Act prohibits discrimination and harassment on the basis of religion. It is also illegal for employers to retaliate against employees who file discrimination complaints. Any employer with 15 or more employees must accommodate employees' religious beliefs unless doing so creates undue hardship. Moreover, it cannot restrict religious expression more than it restricts other forms of expression. For example, an employer who allows employees to make political statements, but prohibits religious statements could be in violation of Title VII.
Q. Who is protected from employment discrimination on the basis of disability?
A. The Americans with Disabilities Act (ADA) prohibits discrimination against qualified people with disabilities and applies to both applicants and employees. Disabilities covered by the act include those that prevent an individual from seeing, hearing, speaking, walking, breathing, learning, caring for oneself and performing manual tasks.
Q. If I am turned down for a job and a younger person with less experience and knowledge is awarded the position, am I the victim of age discrimination?
A. You may have a case under the Age Discrimination in Employment Act (ADEA). This federal law prohibits most employers from discriminating on the basis of age in hiring, firing and promotion. It protects most employees from age-based discrimination in matters of hiring, training, benefits, compensation, promotion, dismissal, layoffs and other aspects of employment.
Q. If I was not hired or promoted because of my gender, do I have a case?
A. Under federal and California law, employers cannot discriminate on the basis of gender. This applies to decisions regarding hiring, promotion, transfer, job assignments, compensation, benefits and other aspects of employment. Both men and women are protected under this law.
Q. If I believe I was not hired or promoted because of my race, do I have a discrimination claim?
A. Title VII of the Civil Rights Act prevents employers from discrimination on the basis of race in hiring, promoting or other job matters. The law prohibits stereotyping or assumptions regarding race, color, national origin, ancestry, birthplace, culture, linguistic characteristics or name that suggests national origin. Discrimination does not have to be overt for an affected individual to bring a case.
Information About Employment Discrimination
Q. Where can I find more information about employment discrimination?
A. Both federal and state agencies maintain websites that provide information about employment discrimination:
The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing employment discrimination laws. http://www.eeoc.gov/
Disability.gov, an information and referral website, is maintained by the U.S. Department of Labor's Office of Disability Employment Policy in collaboration with other federal agencies. It provides a directory of government information for people with disabilities and others. https://www.disability.gov/
The U.S. Department of Labor (DOL) provides information about job seeking, employment and retirement. http://www.dol.gov/
The California Department of Fair Employment and Housing is the largest state civil rights agency in the United States. http://www.dfeh.ca.gov/About.htm
The laws and agencies described above have created one of the strongest networks of employee protection in the world. However, employers continue to discriminate against employees illegally. Employees who believe they have experienced discrimination in the workplace or while seeking a job should contact an employment attorney to learn about their rights and options.