Possible claims of immigration status employment discrimination in California

• You may file a claim against immigration status discrimination when your employer imposes English-only policies at work and discriminates against non-English speakers unless there is a legitimate business necessity for the policy. 
• Immigration status-based discrimination may also occur in case your employer enforces dress codes at work that discriminate against someone’s ethnic dress.

Legal protections against immigration status employment discrimination

Gather evidence 

You may need to keep a detailed record of all the unwanted incidents you faced due to your immigration status. The evidence must include the dates, times, locations, and descriptions of the incidents along with the statement of witnesses. You may also prove that you are an immigrant from another country and your job performance was satisfactory before proceeding to file a discrimination complaint. The evidence will come in handy when you decide to take legal action against your employer.

Seek support

If you face discrimination in your workplace, you may need to reach out to your family, friends, or community organizations for emotional and legal support.

Know your rights

First, you need to have a clear idea of your employee’s rights to stand against any kind of workplace discrimination. In case of immigration status discrimination, you may utilize the Fair Employment and Housing Act (FEHA) to stand against your employer. Also, you may contact the California Department of Fair Employment and Housing (DFEH) for legal assistance and guidance.

Report the discrimination

You may file a complaint with law enforcement agencies when you are discriminated against for your immigration status. First, you may want to inform the human resources department of your company or your supervisor. Alternatively, you may file a complaint with DFEH or CRD for the discriminatory act.

Consult an attorney

When you have decided to take legal action against your employer, you may need to consult an attorney first. It is always the best option before going to court. Your attorney will assess your situation and provide legal advice. You may recover legal remedies and compensation like front pay, back pay, damages for emotional distress, punitive damage, etc. 

Final Words

Immigration status employment discrimination in California has become prevalent and it needs to be minimized as immediately as possible. If you become a victim of this sort of discrimination in California, try to resolve the issue with your employer. If you do not get any positive response you may need to seek help from external resources. Hopefully, this write-up will help you with adequate information to seek legal protection.  

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We will provide a clear idea about the details of California cannabis laws for your better understanding. The guideline will be also helpful in case you want to go for filing a California cannabis lawsuit against your employer. 

Effects of AB 2188 on California cannabis employment policies 

• Assembly Bill 2188 amends California’s Fair Employment and Housing Act (FEHA) by giving protection to employees who use cannabis outside their workplace and work schedule. 
• Section 01 of Assembly Bill 2188 dismissed the drug screening test that only finds non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The non-psychoactive metabolites remain in the body for weeks that do not prove impairment in the specific time of work. So, cannabis found through drug tests in recent weeks is considered ineffective to take action against the employees. 
• Employers may need to renew their system of handling drug screening tests like scientifically valid drug tests that find out current impairment instead of non-psychoactive products. 
• AB 2155 does not allow employees to possess cannabis on the job. At the same time, the employee can not be discriminated against for off-site cannabis use. In such cases, an employee may file a California cannabis lawsuit and recover back pay, reinstatement or front pay, punitive damages, interest, fees, and so on. 

Exemption of the new cannabis law

• The employees of construction and business trades are not covered by this law.  
• The new cannabis law exempts employees who need to go through a security clearance or federal background investigation.
• This law does not cover some specific positions of the employees who need to get tested for drugs according to other state laws and government contracts. 

The legal limit of possessing cannabis

The state’s health and safety code has set a limitation on the amount of cannabis an individual may carry. According to the rule, you can not have more than 8 grams of concentrated cannabis on hand. If you possess more than this limit, your action will be penalized under state law. 

Final Words 

In brief, AB 2188 protects employees in California from workplace discrimination based on the off-site use of cannabis. At the same time, this new law does not violate the employers’ rights of maintaining a drug-free working environment. In case, the employers ignore the rights of the employees, they may proceed to file a California cannabis lawsuit against employers. This was all about the legal concerns of Assembly Bill 2188.

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What are the signs of language discrimination?

• You are treated differently because of your language skill
• You face taunt in the workplace because of your native language 
• Your employer does not consider you for a better position just because your English is not good enough
• You do not get access to business services because you lack proficiency in English 
• Your workplace imposes the “Speak English Only” policy but you have another primary language 
• You face adverse treatment in the workplace because of your accent of English

The legality associated with language discrimination 

There is no distinguished California language discrimination law for language discrimination in the workplace. However, there are both federal and state laws that protect employees from workplace discrimination based on national origin. The native language of someone is inextricably linked to his or her national origin and the identity of the ancestors. That is why language discrimination is considered under the category of national origin discrimination. In this way, the California Fair Employment and Housing Act provides protection for employees against national origin discrimination and language discrimination. 

Am I entitled to speak only English at work? 

Generally, your employer is legally restricted to enforcing a “Speak English Only” policy in the workplace which creates a hostile work environment for the employees. But there are some exceptional situations when your employer may induct this policy. Such as:

• Your employer may require you to speak only English at work if there is a job-related necessity.
• When there is no alternative way of achieving the business goal without the “Speak English Only” policy, your employer can require you to speak English at work.

The above situations will not be considered illegal and fall under language discrimination. However, if your employer enforces the policy on a particular group at work and spares others, it will be illegal then. 

What can I do if I face language discrimination?

If you think that you may have been facing language discrimination in the workplace, you may file a charge of language discrimination with law enforcement agencies. You may file the complaint with the Equal Employment Opportunity Commission (EEOC) when your employer has 15 employees. Alternatively, if your employer has at least 5 employees, you may file the charge with the California Civil Rights Department (CRD) within three years of discrimination. 

Final Words

To summarize, language discrimination may occur in the cases of the “Speak English Only” policy of the company or when you lack expertise in English. You need to be aware of California language discrimination law to tackle all these situations. Hopefully, this article will be useful for you in this regard. 

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What is racial discrimination in the workplace?

Race is an umbrella term that refers to physical characteristics, like skin, hair color, hair texture and styles, eye color, and facial features. If you face unfair treatment from your employer due to your physical characteristics, it will fall under the definition of racial discrimination. Also, if your employer refers to you by your color such as white, black, brown, or red, you have become the victim of racial discrimination. 

How am I protected against California racial discrimination?

California Fair Employment and Housing Act prohibits employers with 5 or more employees to discriminate against their employees based on race. You are protected from all types of racial discrimination under FEHA. 

What can I do if I face racial discrimination in the workplace? 

Make a formal report

You should proceed with immediate legal action if you become a victim of racial discrimination. You do not need to bear the unfair treatment from your employer because of your race or ethnicity. First and foremost, inform your supervisor and then talk to the human resources department. If they fail to resolve your issue, take help from external sources.

Seek legal help from law enforcement agencies 

Equal Employment Opportunity Commission (EEOC) deals with federal race discrimination laws. The California Civil Rights Department (CRD) also enforces anti-discrimination laws based on specific protected categories. Race discrimination is one of them. You should make a complaint against your employer with these agencies as immediately as you can. CRD provides a wider range of protection to employees compared to the EEOC. So, many people CRD to the EEOC. When you have completed the formal complaining process, they will investigate your claim and take the necessary steps on your behalf. 

Consult an attorney

When you face any unfair treatment in the workplace for your racial identity, you had better take suggestions from an employment attorney. The attorney will take the necessary steps to recover legal compensation and penalty for you. Do not forget that you are protected under the employment law against race discrimination to get equal treatment in the workspace. 

Ask for a legal remedy

By taking legal action, you may recover monetary damages like back pay, front pay, employee benefits, punitive damages, damages for emotional distress, etc. 

Final Words

California racial discrimination laws cover some crucial factors in the arena of employment and workplace environment. As an employee, you have equal rights of getting payment and benefits from your employer without being judged on your racial identity. You should be aware of state laws and employee rights to shield yourself from such discrimination.  

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Even though California now allows employers to mandate arbitration agreements, some laws are still in place to ensure workplace safety. As an employee in the Golden State, learn and stay current about these policies.  

Occupational Safety & Health Administration (OSHA) Policies

The Occupational Safety & Health Standards Board is an organization. It develops policies to ensure a safe and healthful workplace for California workers by promoting, adopting, and maintaining reasonable and enforceable standards.

California administers the most extensive state OSHA plan in the nation. It has conducted the most inspections nationwide, cited hazards, and created safer working conditions for at least millions of employees. Besides providing free safety and health assistance to employers that can prevent occupational injuries and illnesses, other services include on-site visits, partnership programs, and telephone support to ensure:

• Safe and healthful working conditions
• Practical standards and enforcement, 
• Research, information, and training regarding occupational safety and health.

But can it be affected by recent policies and laws on California employment arbitration? Let’s find out.

Arbitration Law for California Employees 

Arbitration is a highly flexible process where a trained, professional, and neutral arbitrator decides to end a dispute. Arbitrators are often retired judges but need to follow traditional legal procedures. California’s Federal Arbitration Act, or FAA, follows specific steps in case of arbitration.

In arbitration, both parties choose a neutral arbitrator, a licensed professional. It is held in a private conference room. Here:

1. The arbitrator presents ground rules, 
2. Each party makes an opening statement, presents evidence, and may ask questions to clarify their understanding. 
3. The parties deliver closing statements and submit post-hearing briefs. 
4. The arbitrator issues a written decision or award within the parties’ deadline, which cannot be appealed.

Employees’ Rights Regarding Signing Arbitration Contract 

If you are wondering, “Can my employer force me to sign an arbitration agreement?” the answer is yes and no. As of 2023, employers in California can require employees to sign an arbitration contract as a condition of employment. However, they can’t force you.

If you agree to engage in future arbitration voluntarily, mutually determine the ground rules of arbitration, and choose an impartial arbitrator together. There are some positive sides to arbitration. Such as, they are likely to be inexpensive. The procedures are also faster as no juries are involved, and they are fair. 

But, if you feel pressured into signing an arbitration agreement that you are uncomfortable with, you can consult with a lawyer. Try to discuss your options and possible future scenarios.

Bottom Line 

Employers must weigh the advantages and disadvantages of California employment arbitration agreements, as do the employees. While arbitration can be faster and less expensive than court trials, it is not guaranteed. 

Since California stopped criminalizing employers requiring arbitration agreements, many companies will start to mandate it. However, some companies choose not to require arbitration agreements due to cost concerns or recruiting needs.

In California, employers must pay the full arbitration costs. If workers refuse to execute arbitration agreements, employers may have to either hire or separate them, potentially losing good employees.

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Keep on reading to get a better understanding of gender discrimination in the workplace. 

What is gender discrimination in the workplace?

Gender term under discrimination laws covers identities including:

• Women
• Pregnant women
• Transgender and transsexual individuals 
• Men
• Disabled women due to childbirth, pregnancy, or breastfeeding.

If you face discrimination in your workspace based on any of these factors, you may be entitled to protection under California gender discrimination laws like California’s Fair Employment and Housing Act or FEHA and  Title VII of the Civil Rights Act of 1964. 

Types of discrimination in the workplace based on gender identity 

• Sexual harassment or request for a sexual favor
• Unequal pay for the same job
• Inappropriate questions asked in interviews
• Not getting deserved promotion
• Diminished responsibilities
• Refusal of access to the training session
• Shift changes 
• Firing and so on. 

What can I do if I face gender discrimination in the workplace? 

Make a formal report

You should take legal action when you face unfair treatment from your employer because of your gender. Primarily, inform your supervisor and then talk to the human resources department. If they do not resolve the issue, take help from law enforcement agencies. 

Take help from EEOC

Equal Employment Opportunity Commission (EEOC) deals with worker rights of the state. You should make a complaint against your employer if he has discriminated against you because of your gender. You can also contact the Department of Fair Employment and Housing for such cases. They may investigate your claim and take the necessary steps to make sure you get justice. 

Consult an attorney

When you face any unfair treatment in the workplace for your sex or gender identity, first, talk to an attorney if you are confused about laws and regulations. Then you may sue your employer and ask for legal compensation and penalty. Do not forget that you have employee rights under state law to get justice for gender discrimination in the workspace. Additionally, you may recover punitive damages, damages for emotional distress, etc. 

Final Words

California employment laws aim to give protection to state workers against gender discrimination in the workplace. Of course, facing any situation like sexual harassment or inappropriate behavior for gender expression may be a devastating experience. That is why you need to be strong and resilient in such scenarios and take legal steps as soon as you can. Hopefully, the above discussion will be helpful for you in this regard. 

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Definition of disability

Under the California state laws, disability is defined as:

• A condition that limits major life activities
• Physical disability
• Mental disability
• Medical conditions like HIV/AIDS, and cancer. 

Obligations of employers under disability discrimination employment law

• Your employer is entitled to provide reasonable accommodation to disabled applicants and employees who can not perform job functions due to their disability.
• Your employer is also required to engage in an interactive process with the applicants and employees who need reasonable accommodations for their disability.
• According to California‘s Unruh Civil Rights Act, your employer can not discriminate against you by any means because of your disability, medical condition, genetic information, race, color, sex, etc. 

Can I sue my employer for disability discrimination?

When you face disability discrimination in the workplace, you should take immediate action to combat the situation. The legal procedures are discussed below for your benefit.

File a complaint with CRD

For disability-related claims, you should make a formal complaint with CRD. CRD will investigate the complaint and try to settle your issue of facing discrimination in the workplace for your disability. To make a formal complaint, first, you need to file an intake form. You can complete the process via mail, phone call, or online website. 

Submit proper evidence

CRD will assess your case and the facts related to the case. You need to submit proper evidence to support your claim. You should provide documents showing a request for reasonable accommodation and documents showing a denial of the reasonable accommodation with other relevant medical documents. 

File a lawsuit in the court 

You file your lawsuit without waiting for the investigation result of CRD. In that case, you will have to obtain a right-to-sue notice from CRD. Then you can sue your employer in civil court for committing discrimination against you.  

Recover compensations 

You may demand legal remedies and compensation for the discrimination you faced in the workplace. From the lawsuit and complaint, you may get the following compensation. 

• An injunction prohibiting the unlawful practice
• Access to job opportunities
• Policy changes
• Recovery of out-of-pocket losses
• Training
• Reasonable accommodation
• Damages for emotional distress
• Civil penalties
• Punitive damages

Final Words

Hopefully, you have understood the key aspects of disability discrimination employment law from the above article. In brief, you can either sue your employer in civil court or make a formal complaint with the Civil Rights Department of California to stand against discrimination. 

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Everything you need to know about California’s Paid Family Leave Program

California paid family leave: Eligibility

The State Disability Insurance Program of the Employment Development Department is responsible for conducting this program and among other states of the USA, California was the first state to pass paid family leave law to benefit the caregivers and parents of California. You need to fulfill certain criteria to avail of this program. Such as:

• This paid family leave law applies when you need to take time off to take care of a seriously ill family member.
• You can not apply for paid family leave for your illness.
• This leave can be taken to bond with a new child.
• You can take the leave to participate in a qualifying event of a family member’s military deployment. 

If you are in any of these situations, you may take paid family leave under state law.

How much is paid under the family leave act CA?

There are different types of paid family leave like PFL for new mothers, PFL for new biological fathers, PFL for foster parents, PFL for military family members, PFL for caregivers, etc. PFL is a program of eight weeks of leave. Employees can take time off from work for up to 8 weeks and roughly get 60 to 70 percent of their weekly wages. The calculation will be based on wages earned 5 to 18 months before the claim start date. You can count the daily amount by dividing the weekly amount by seven and calculate the maximum benefit by multiplying the weekly amount by eight.

Can I get fired for a family emergency?

Paid family leave program provides payments to the employees during the leave. Unfortunately, it does not ensure your job security. Your employer does not have any obligation to keep your job during the leave. But you do not need to worry. Other state laws like the Family and Medical Leave Act or California Family Rights Act give job protection to employees in such situations. 

Can an employer deny paid family leave in California?

No, employers in California can not refuse the state-given paid family leave. They will have to provide paid family leave benefits to the workers when it is applicable. If you are eligible for this benefit, do not hesitate to ask for leave from your employer. 

Final Words

When you apply for family leave, you should follow the procedure correctly to get maximum benefit during your leave. Hopefully, the information about family leave act CA will be beneficial for you and you will be able to attend the family emergency without losing your wages.

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How does California’s voting leave law work?

• The employees will only get this voting leave for a statewide election or a primary election happening statewide. The time off will not be given in case of local or municipal candidate elections. 
• Another condition of getting paid voting leave is associated with the situation when the employee does not have time to vote outside of working hours. Without meeting this condition, the employees can not ask for voting leave in California.
• An employee can take the voting time off when he does not get enough time to vote during non-work hours because he is working a very long shift on election day.

•  If the employee lives at a distant place from work and can not get time to vote in the election at the proper polling place in time, he will be eligible for voting leave. 
•  If the employee has to work out of town on election day and can not attend the election, he can ask for leave. 
• If you want to take the voting leave, you will have to take the leave at the beginning or end of your regular working shift. You should make proper arrangements with your employer about the schedule. 

How does the voting leave law affect employers?

• The employers are entitled to release a notice for the employees informing them about their right to take paid leave to vote in statewide elections.⁠
• More importantly, the notice should be posted at least 10 days before the statewide election.
• The employer should post the notice in a place where all the employees can see it.
• The notice should be written evidently without any confusion. 
• The employers should mail a copy of this notice to the remote employees to make sure that they get to know about their deserved rights. 
• The employees can take as much time off as they need but the employers are entitled to give payment for only 2 hours of leave. 

Final Words

The voting leave law in California preserves state employees when they need time off from work for attending statewide elections. This law is a significant addition to the state laws. It preserves both the employee rights and fundamental rights voting of California employees. If you are in any of the above-mentioned situations, you should ask for paid voting leave from your employers. Your employer is bound to grant your voting leave. In case, your employer refuses your leave, you can seek legal remedies from law enforcement agencies for this case. 

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What are the requirements for reporting time pay?

As a California employee, you will get reporting time pay if your situation aligns with the law. The requirements of reporting time pay are:

• You were required to report to work
• You were not assigned to any work
• You were given less than half of your usual work shift
• Then you were sent home by the employer.

Exceptional Scenarios of Reporting Time Pay Laws

An employee will not be qualified to get  California labor law reporting time pay in some specific situations. The exceptions of the law are discussed below.

• You can not ask for reporting time pay if the business has to close or can not open due to threats to workers or business property. 
• If the business is closing because of a recommendation from a civil authority, you will be sent home without the reporting time pay. 
• In the case of a public utility failure that affects the electricity, gas, water, or sewer systems, you will not get reporting time pay.
• When work is interrupted by a severe and sudden natural disaster that is beyond your employer’s control, you can demand reporting time pay then.

What can I do if my employer violates the California reporting time pay law?

File a wage and hour lawsuit 

Wage and hour lawsuits claim unpaid wages and interest on the wage on behalf of the employees. It does not matter if your employer intentionally held back your payment or if he was not aware of the California reporting time pay law. But you need to keep in mind the statute of limitation of this law. You will have to claim unpaid reporting time pay within the 3 years of the last date when you did not get reporting time pay. 

File a wage claim with DLSE

You can file a wage claim with the California Division of Labor Standards Enforcement (DLSE) regarding reporting time payment issues. It is also called the California Labor Commissioner’s Office, the division of the California Department of Industrial Relations (DIR). They deal with violations of labor laws and seek legal remedies for the clients. 

File a retaliation complaint 

If you demand unpaid wages from your employer and face retaliation as a consequence, you can file a retaliation complaint with the California Labor Commissioner. In this way, you can protest against the unfair treatment of your employer. 

Final Words

California reporting time pay law is a timely addition to the California labor laws. You can seek legal help from employment attorneys if you deserve reporting time pay and the employer denies it. 

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