Harassment & Discrimination

Workplace discrimination is against the law.

Employment discrimination can take many forms, but the common thread lies where a worker is subjected to a negative action in the workplace based on a legally protected aspect of their identity. In California, employees are protected from workplace discrimination based on their race, color, ancestry, national origin, religion, creed, age (40+), physical disability, mental disability, sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, military status, veteran status, reproductive decision making, or a combination of these characteristics.

A negative, or adverse, employment action may range from termination, to a course of conduct that is reasonably likely to impair an employee’s job performance or prospects for advancement or promotion.

Workplace harassment occurs when unwelcome conduct based on a protected characteristic is so severe or pervasive that it creates an abusive working environment, impacting an employee’s ability to do their job. Employers are legally responsible for harassment by supervisory employees, regardless of the employer’s knowledge or attempts to prevent it. An employer can be held liable for harassment by a nonsupervisory employee if the employer was aware of the harassment or if the circumstances suggest they should have been aware, and they failed to take prompt and appropriate corrective action. Harassing employees maybe sued individually for their actions.

Employees are legally protected from retaliation for making complaints or workplace discrimination or harassment.

If you believe you have been subjected to workplace discrimination, harassment, or retaliation, it may be helpful to consult a legal professional. You may contact Terp Law for a consultation.