Employment Discrimination and Wrongful Termination Rights Under California Law
Employees often wonder why they were fired and feel that, more than just having been terminated, there was some form of discrimination leading to the job loss. While every state prohibits employers from terminating an individual due to protected status (race, sex, age, disability), certain states also prohibit firings based on other classifications such as military membership or sexual orientation. Many states have laws that protect certain classes of citizens from being terminated. California is one of them.
Wrongful termination can be a tough area of law because it's always a matter of proving that someone was indeed terminated for an illegal reason. Parties who think they have been fired in violation of the law should consult with an attorney early on. Wrongful termination laws vary by state, and it is often possible for parties to bring employment discrimination claims in addition to wrongful termination lawsuits. An attorney will be able to advise a party as to whether a claim of wrongful termination is a good fit for a party's specific circumstances.
California Employment Discrimination and Wrongful Termination Lawyer
Experienced Employment Discrimination? Believe You Were Wrongfully Terminated? You should know your rights under California employment discrimination law law! In this article you will learn Employment Discrimination and Wrongful Termination Rights Under California Law. - Attorney Alexander D. Napolin
Employment Discrimination Under California State Law
It's important to note that discrimination based on a person's sexual orientation is not included under Title VII, which is the primary federal law prohibiting discrimination in the workplace. California does have a separate statute that prohibits sexual orientation-based employment discrimination. Wrongful termination claims based on mental disability are also typically not available under the ADA and FEHA, as those statutes only protect employees from being discriminated against because of physical disabilities.
The following categories are protected under California wrongful termination law: age, ancestry, color, genetic information, gender (including sex), medical condition (cancer or genetic characteristics), marital status, national origin/ancestry, race/ethnicity, religion, disability/handicap, medical condition (HIV status), sex, sexual orientation.
Additional Special Rules Under California Fair Employment Housing Act (FEHA)
In California, wrongful termination may also be claimed under the Fair Employment and Housing Act (FEHA). Wrongful termination cases brought under FEHA must be filed within one year of a discriminatory action being committed. Wrongful termination cases brought under the ADA or Title VII must be filed within 180 days of when the discriminatory action was committed. Wrongful termination claims are complicated, and it's important to consult with an attorney in order to make sure a claim is filed before the statutory deadline has passed.
Categories of Wrongful Termination Under California FEHA Law
In California, Wrongful Termination is considered illegal if it falls under the Fair Employment and Housing Act. Wrongful termination falls under the FEHA when an employee is terminated for any of the following reasons:
- Age 40 or older
- Sex (including pregnancy, childbirth, breastfeeding)
- Gender Identity
- Genetic Information (including family medical history)
- Religion/ Creed
- Sexual Orientation (including perceived sexual orientation)
- National Origin (including language use restrictions)
- Medical Condition (cancer or genetic characteristics, unless a bona fide occupational qualification)
Wrongful Termination Under the California Family Rights Act (CFRA)
Wrongful Termination can be illegal when it falls under the California Family Rights Act (CFRA) which allows for unpaid time off to care for a family member with a serious health condition.
Wrongful termination is illegal when it falls under the California Military and Veterans Code which protects employees from being terminated while serving in the military Wrongful termination is illegal when it falls under the California Military and Veterans Code if an employee's job duties are changed while he or she is on active duty Wrongful termination is illegal when it falls under the California Family Rights Act (CFRA).
Wrongful Termination Rights Under United States Federal Law
Wrongful termination can be addressed at both the federal and state level. The federal laws that prohibit discrimination in employment, including wrongful termination, are Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). These laws protect employees from certain kinds of discrimination such as race, color, religion, sex, national origin or citizenship status. Wrongful termination lawsuits may also be brought under the Age Discrimination in Employment Act (ADEA) if the employee is age 40 or older. These federal laws apply regardless of state law.
Wrongful Termination Under the Americans with Disabilities Act (ADA)
Wrongful termination is illegal when it falls under the ADA if an employee has a mental disability. Wrongful termination is illegal when it falls under the ADA if an employee is considered "disabled" by the Americans With Disabilities Act (ADA) or Rehabilitation Act of 1973. Wrongful termination is illegal when it falls under the Americans With Disabilities Act (ADA) if an employee has a physical disability, such as a hand impairment or sensitive back.
Wrongful Termination Under the Genetic Information Nondiscrimination Act of 2008 (GINA)
Wrongful termination can be illegal when it falls under the Genetic Information Nondiscrimination Act of 2008 (GINA) if an individual's privacy was invaded by an employer during the hiring process.
Wrongful Termination Under the Family and Medical Leave Act (FMLA)
Wrongful termination is also illegal when it falls under the Family and Medical Leave Act (FMLA) which allows for up to 12 weeks of unpaid leave for medical reasons or if an employee needs to care for a family member with a serious health condition.
Wrongful Termination Under the Uniformed Services Employment and Reemployment Act (USERRA)
Wrongful Termination is illegal when it falls under the Uniformed Services Employment and Reemployment Act (USERRA) if an employer discriminates against an employee who is in the National Guard or military reserves.
California Employment Discrimination and Wrongful Termination Rights Attorneys
Wrongful termination claims are typically brought as part of other employment lawsuits, such as discrimination lawsuits. Wrongful termination outcomes vary widely depending on the individual circumstances. Wrongful termination claims are usually concluded through settlement, when it is in the best interest of both parties to end litigation quickly. But sometimes trial by jury is necessary to achieve justice for a wrongfully terminated employee in California.
A Wrongful Termination attorney will be able to provide advice on whether an individual has a Wrongful Termination claim, what types of Wrongful Termination claims are available based on the circumstances, and how to bring a Wrongful Termination claim in accordance with applicable laws.
Time Frame is Limited; Contact an Attorney Right Away
When a Wrongful Termination occurs, it is important to realize that the time frame in which you need to file a Wrongful Termination claim is very limited. The amount of time depends on the territory you are in and who your employer is.
The above is an introductory article about Wrongful Employment Conditions. For more detailed information about Wrongful Employment Conditions, please do not hesitate to contact our law firm.