If an employer takes adverse disciplinary action against you because of your membership in a protected class, you will be entitled to recover damages for employment discrimination. Discrimination against employees based on ethnicity, color, national origin, faith, sex, disability, age, and other attributes is illegal under federal and state laws. To determine the next steps, you can speak with an Employment Attorney.

Find A Labor Law Attorney for Employment Discrimination Claims in California

At least 15 workers are subject to federal laws such as Title VII of the Civil Rights Act of 1964. California law offers more protection than federal law, and it extends even to businesses with less than five workers. Retaliation by your employer for exercising your rights under these anti-discrimination laws is illegal. That is not to say that the employer would not discriminate against you for reporting sexual assault in good faith or filing a complaint with the Equal Employment Opportunity Commission (EEOC), which enforces certain federal employment laws; however, it does suggest that you have legal redress if they do.

State and federal laws protect California workers.

In California, two laws shield employees from racial discrimination at work. The first is Title VII of the Civil Rights Act of 1964, which is a federal statute. Discrimination and abuse on the basis of race, ethnicity, national origin, and other personal characteristics are prohibited under this statute. In practice, the Civil Rights Act has the following protections: Employers are unable to make hiring decisions based on an employee's protected characteristics. Here are examples:

The Fair Employment and Housing Act (FEHA), which can be found in Section 12940 of the California Government Code, protect jobs in California. The federal Civil Rights Act has the same fundamental guarantees as FEHA, but FEHA covers more jobs. To be entitled to the federal statute, an employer must have 15 or more workers. Employers with five or more workers are forbidden from discriminating on the basis of race under the FEHA.

An employee who has been subjected to illegal discrimination must first file an administrative complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing before filing a lawsuit in state or federal court (DFEH). The corresponding entity will investigate the allegation and either prosecute the case on behalf of the employee or grant a right to sue, allowing the employee to file suit on his or her own. In certain cases, an employee who wins a racial discrimination lawsuit may be entitled to compensatory and punitive damages.

Discrimination based on race

You deserve to be judged on the merits of your work, not your race, color, or ethnicity, as you advance in your career. Fortunately, federal and state laws in the United States and California protect employees by banning employers from discriminating against them on the basis of these personal characteristics.

In California, racial discrimination is prohibited in the workplace.

Employers in California are prohibited from discriminating against workers based on race. Discrimination is characterized as making a decision about an employee's terms, privileges, or conditions of employment based on their ethnicity, including compensation. An employer should not take the following racially biased actions:

Refusing to employ a potential worker;
Getting rid of an employee;
denying a promotion to an employee;
Paying a worker or a group of workers less than workers of a different race who do the same job;
Employees of various races receive different benefits.

These are only a few examples of potentially unconstitutional racial discrimination activity. It could be unethical discrimination if an employer handles workers differently because of their race. Harassment motivated by race is a type of discrimination that is also illegal under federal and state law. An Employment Attorney will assist you.

Discrimination based on gender

The quality of your work has nothing to do with your gender. As a result, it is unethical for an employer to discriminate against you solely on the basis of your gender. If you have been the victim of illegal workplace discrimination, a skilled Labor Lawyer will assist you.

Discrimination based on gender can take many forms.

The word "gender discrimination" can refer to a variety of items. In its most basic form, this illegal action happens when an employer makes a hiring decision based on an employee's gender. An organization cannot, for example, refuse to recruit a prospective employee or fail to promote a current employee solely because she is a woman. Benefits, wages, and preparation are examples of job decisions that cannot be taken purely on the basis of gender. There is a chance of illegal discrimination when an employer handles an employee or group of employees differently because of their gender.

Another form of prohibited behavior is sexual assault. It may be in the form of a hostile work environment in which an employee is subjected to an aggressive, hostile, or intimidating work environment. It may also take the form of a quid pro quo arrangement, which includes an offer of a job reward in return for a sexual favor. Employers are also prohibited from discriminating on the basis of gender identity, gender expression, or sexual preference under California state law. You should get help from a Labor Lawyer.

Two laws protect workers from discrimination based on their gender.

In general, sex discrimination in the workplace is prohibited by two rules. The Civil Rights Act of 1964 is the main federal statute that prohibits this conduct. The Civil Rights Act covers employers with 15 or more workers, but it does not expressly ban discrimination based on gender expression, gender identity, or sexual orientation. A worker must first file an administrative complaint with the Equal Employment Opportunity Commission before filing a federal lawsuit alleging one of these allegations (EEOC).

The state law prohibiting this action in California workplaces is the Fair Employment and Housing Act (FEHA). Since it extends to more employers, including those with five or more workers, the FEHA has a wider reach than the federal Civil Rights Act. It also protects employees who may have been discriminated against because of their sexual orientation or gender identity, or language. Victims of FEHA violations must file a complaint with the California Department of Fair Employment and Housing (DFEH) before filing a case in court, much as they must with the federal statute.

Discrimination Against People with Disabilities

Under the Fair Employment and Housing Act, an individual is "physically impaired" if he or she has a "physiological disorder" that "affects a particular bodily system" and "limits the major life activity." If a physiological condition makes it difficult to achieve a major life operation, it is said to be "restricted."

Physical and social tasks such as sitting, standing, walking, sleeping, chatting, concentrating, and working are all considered "primary life activities." Under the Fair Employment and Housing Act, a person is "mentally impaired" if he or she has a behavioral or psychological disability or disease that limits a significant life function, such as mental retardation, organic brain syndrome, emotional or mental impairment, or serious learning difficulties.

Chronic or episodic disorders such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, psychiatric depression, bipolar disorder, multiple sclerosis, and heart disease are examples of physical and mental disabilities. An employee or candidate is often protected from discrimination based on a debilitating, potentially disabling, or considered as disabling or potentially disabling physical or mental disability. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Employers Have A Legal Obligation To Reasonably Accommodate And Interact With Employees With Known Disabilities.

Employers are required to make adequate accommodations for an employee's known disability under the Fair Employment and Housing Act unless they can show that doing so will cause unnecessary hardship. Employees will benefit from the guidance of an Employment Attorney. It is the employee's responsibility to notify the employer of the condition and the need for accommodation. The employer is then required to take positive action to meet the employee's disabilities as a result of this notice.

The obligation to accommodate is a continuous one that cannot be fulfilled in a single effort. As a result, the employer's duty to participate in the collaborative process persists beyond the initial attempt at the accommodation and continues when the employee requests a new accommodation or the employer becomes aware that the initial accommodation is failing and those additional accommodations are required. To be deemed fair, an employer's accommodation must be successful, enabling the disabled employee to perform her job without aggravating her condition.

Reasonable Accommodations Come in a Variety of Forms:

If it does not cause, the employer unnecessary inconvenience, job restructuring, part-time or changed work arrangements, or reassignment to a vacant position can be considered fair accommodations.
Making current employee facilities open to and available to people with disabilities can be a fair accommodation if it does not cause the employer unnecessary hardship.
Acquisition or modification of equipment or devices, alteration or modification of tests, training materials or policies, provision of trained readers or interpreters, and other similar accommodations for people with disabilities can be considered fair if they do not cause the employer unnecessary hardship.
If it does not cause the employer unnecessary inconvenience, extended medical leave or an extension of an existing leave period can be an appropriate accommodation.

Holding a job open for a disabled employee who needs to recover or heal is a kind of reasonable accommodation in and of itself, and it could be all that is needed if it appears likely that the employee will be able to return to some existing role in the near future.
If the employer can do so without undue hardship or whether the employer provides similar assistance or benefit to other disabled or non-disabled employees, the employer has an affirmative duty to make other suitable job opportunities with the employer known to the employee and to determine if the employee is interested in, and eligible for, such positions.
As an appropriate accommodation, an employer must reassign or move a disabled employee to a vacant position for which the disabled employee is eligible and capable of working with or without reasonable accommodation.

What You'll Need to Prove If You're Trying to Prove Disability Discrimination

Under the Fair Employment and Housing Act, a plaintiff and his or her Labor Lawyer must prove: (1) that he or she has a disability; (2) that he or she is qualified to perform the duties of the position with or without accommodations; and (3) that he or she was subjected to adverse employment action because of the disability or perceived disability.

Discrimination based on age

Both federal and California laws protect age as a protected characteristic. Employers who discriminate against employees over the age of 40 are breaking the law. Discrimination happens when an employee is treated unfairly because of a protected characteristic. For example, age discrimination would occur if you were fired and told it was because you were approaching retirement age. However, the facts are always unclear, and you can need the help of a Labor Lawyer to decide if you were treated unfairly because of your age.

Making a Claim for Age Discrimination

Under the federal Age Discrimination in Employment Act (ADEA) and California's Equal Employment and Housing Act, age is a protected class in California (FEHA). Private employers with at least 20 workers are covered by the ADEA. Employers with at least five workers are subject to the FEHA.

Only employees over the age of 40 are exempted from discrimination in the workplace. If you were at least 40 years old when you were hired, you were subjected to discrimination. Job terms, recruiting, firing, layoffs, promotions, demotions, wages, benefits, training, apprenticeships, or work assignments could all be part of the adverse employment action.

It is often difficult to determine whether or not age discrimination has occurred. If a younger job candidate was hired over you, a more skilled applicant, merely because of your relative ages, it would be an example of age discrimination.

Another example would be a work posting looking for college graduates or people under the age of 30. Alternatively, an older employee could be refused training or be removed from an apprenticeship program designed for younger workers. A supervisor may routinely delegate demeaning tasks to older employees or engage in other actions that make older employees feel uncomfortable or encourage them to leave. If you think you have been influenced by any of these habits, you should not hesitate to contact an Employment Attorney.

Employers are becoming more hesitant to accept that age was a factor in a hiring decision. To convey meaning, coded language is often used. For example, your boss may say that the company is looking for new blood due to the imminent layoff of older employees. You can raise an assumption of prejudice, however, by demonstrating that:

You are a member of the safe class of employees over the age of 40;
You've been fired, suspended, or not promoted because of an adverse job action;
In a similar case, other workers who did not have the covered characteristic of age were treated better or differently.

A "disparate effects" case may be brought by plaintiffs who are bringing an age discrimination lawsuit. A disparate impact case is one in which it is not important to prove that a single employer wanted to discriminate, only that there was a disparate impact on workers aged 40 and up as a result of apparently neutral employment policies.

A plaintiff must define a specific practice that has an adverse effect on older workers and proves that the employer's action that resulted in a differential impact was not based on some rational factor other than age, according to the United States Supreme Court. Employers must demonstrate that there was no other, less biased way to achieve the aim that the procedure was intended to achieve.

Discrimination based on religion

Religious discrimination in the workplace is illegal under both federal and state laws. The federal law known as Title VII of the Civil Rights Act prohibits employers of 15 or more workers from discriminating against employees or job applicants based on their religious views, as well as other factors such as race or gender. However, since California law protects employees more than federal law, the result can vary in some cases if a remedy is sought in state court.

Religious Discrimination Claims in California

The California Fair Employment Housing Act (FEHA) prohibits employers from discriminating against job applicants and workers based on their religion when recruiting, firing, promoting, demoting, offering instruction, or otherwise making employment decisions. Religions and religious creeds are covered characteristics that include all facets of religious belief and practice. To be covered, the religion does not have to be one of the major religions such as Christianity, Islam, Judaism, Hinduism, or Buddhism. As long as the worker truly retains certain values, every belief system is protected as a religion or religious creed.

Employers must allow fair accommodations for a work applicant's or employee's religious practices under the FEHA unless doing so will cause an unreasonable hardship. Having reassignments, changing work procedures, reforming the job, or allowing a worker to take time off for religious observances are all examples of fair accommodations. If you are Jewish and need to take leave for Rosh Hashanah or another High Holiday, for example, your employer is required to make reasonable accommodations. If this does not happen, you can file a lawsuit with the assistance of a Labor Lawyer.

The California Workplace Religious Freedom Act strengthened the FEHA's rights. A religious belief or observance requires religious dress and grooming procedures, according to the Workplace Religious Freedom Act. To put it another way, there is no grey ground when it comes to wearing a veil, turban, or yarmulke at work. Other religious clothing or grooming, such as jewelry, objects, or facial or body hair that is associated with a religion or religious creed, is also included. For example, if you are a Wiccan and wear a piece of jewelry as part of your religious rituals during the workday, the employer is expected to respect that.

The rules for fair accommodations were also changed as a result of this legislation. It mandates that employers provide religious accommodations to their workers. The employee cannot be separated from the general public or clients as part of this accommodation. For example, if you work in a customer-facing role and have converted to Islam and now wear a hijab, your employer cannot force you to work in the back. A Labor Lawyer may assist employees in holding their employers responsible for their wrongdoings.

Under California law, an employer has a heavy burden of proof to prove that refusing a religious accommodation will cause unreasonable hardship. Employers can prove an unfair burden in a federal case by demonstrating that offering accommodation will place a relatively minor burden on the employer.

In California, however, an employer must incur considerable cost or difficulty in order to avoid offering suitable accommodation. The cost of the requested accommodation, the nature of the accommodation, the employer's financial capacity, the type of operations, the number of employees working at the work facility, the effect of the accommodation, and whether the facility is different from the employer's other facilities are all factors to consider.

Employers will normally satisfy this requirement by demonstrating a valid safety issue. In general, however, a worker who requires religious accommodation is afforded a high level of security.

Discrimination Against Pregnant Women

The Fair Employment and Housing Act (FEHA) of California forbid employers from firing employees based on their gender. Pregnancy, childbirth, or medical problems related to pregnancy or childbirth are all considered "sex" under the FEHA.

An employer who refuses to authorize a female employee affected by a pregnancy, childbirth, or associated medical conditions to take a compassionate leave of absence, not to exceed four months, and then return to work is also breaking the law in California. A reasonable period of time is described as the time when a female employee is unable to work due to pregnancy, childbirth, or other medical conditions. An Employment Attorney who specializes in pregnancy discrimination will clarify what this means in your case.

It might happen if a work candidate is turned down because she is clearly pregnant or if a pregnant employee is given fewer hours. It is also illegal for a California employer to refuse to allow a female employee to take a reasonable leave of absence for up to four months and then return to work if she is disabled due to childbirth, pregnancy, or a related medical condition. You could have a pregnancy discrimination grievance if you were fired because you took a reasonable leave after giving birth to a child.

Sexual Harassment At Work

Sexual harassment at work can cause a California employee a lot of stress and lead to a loss of productivity. You may be worried about being ostracized on the job or facing backlash if a coworker, boss, or employer has mistreated you. Worse still, some employers refuse to investigate complaints or defend abused staff.

Sexual Harassment Prohibition Laws

Both Title VII of the Civil Rights Act of 1964 and state law ban sexual assault. Employers in California are required to take appropriate precautions to avoid this illegal behavior. They should implement policies that state that sexual harassment in the workplace is prohibited include an internal complaint mechanism for workers to report harassment, and ensure employees that they will be shielded from retaliation. Employers with 50 or more workers are expected to provide all managers with appropriate immersive training and education.

Harassment based on sex is described by California's Fair Employment and Housing Act as unwelcome sexual advances or behavior of a sexual nature, whether visual, verbal, or physical. Unwanted touching, attacks, graphic comments, obscene letters, sexual gestures, threatening reprisal after a negative response to sexual advances, and proposing a raise or promotion in return for a sexual favor are all common scenarios that lead to sexual harassment lawsuits. In all of these cases, our Labor Lawyers will help.

When a boss asks an employee for sexual favors in return for preferential treatment, this is known as quid pro quo abuse. Promotions, wage increases, or the desired shift assignment could be among the benefits of preferential care. Quid pro quo assault, on the other hand, often entails the threat of job loss if sexual advances are rejected. Termination, demotion, or a wage cut are both examples of negative changes in jobs.

Our prescreened Labor Lawyers understand that workers may not be aware that sexual harassment is legal if it occurs outside of a supervisor's attempt to exchange sexual favors for job advancement. Harassment may also include behavior that is so serious or widespread that it creates a hostile work atmosphere. It often entails a pattern of behavior, such as a series of small acts that collectively threaten or upset the victim. A coworker or boss, for example, can make sexual jokes on a regular basis. When a coworker's relationship ends, one of the parties can find it difficult to let go and send a barrage of emails or gifts despite being asked to stop.

A survivor of sexual assault is entitled to any and all damages that the wrongful activity contributed significantly to the victim's suffering. This could include lost wages, future wages, mental distress, legal fees and expenses, and punitive damages in the most serious instances.

Wrongful Termination and Discharge

Race, sex, age, national origin, disability, and religion are all protected under federal and California law from workplace discrimination and harassment. Discrimination based on additional characteristics, such as sexual orientation, is also prohibited under state law. An employer who takes retaliatory action against you for reporting illegal behavior based on protected characteristics may be held liable. Despite the fact that it is illegal, some employers chose to retaliate. If you have been fired or otherwise handled unfairly because you exercised your legal rights under federal or state law, you can speak with a wrongful termination attorney.

Wrongful Discharge and Termination Protections

California is a state where employees can be fired at any time. This ensures that managers will fire or punish workers as they see fit. They are not, however, allowed to fire an employee or take any retaliatory action against them because of a protected characteristic or because they exercised rights related to the protected characteristic. This means that a California employee cannot be fired simply for reporting sexual harassment to HR or filing a complaint with the Department of Fair Employment and Housing (DFEH). He or she will not be fired because of his or her sexual orientation, religious views, or any other protected attribute.

Employees, likewise, cannot be dismissed for reasons that are contrary to public policy. Individuals who respond to a DFEH inquiry to answer questions regarding a harassment or discrimination claim, for example, cannot be fired for cooperating. They cannot even be forced to respond to questions in a way that benefits the employer's legal strategy or protection. Employees will benefit from the guidance of a wrongful termination lawyer who understands the complexities of these circumstances.

Many employers are aware that wrongful termination is illegal, and as a means of revenge, they can prefer to behave in more subtle ways. An employer who is enraged by an employee's sexual harassment complaint to DFEH might delegate the employee to tasks that will not advance his or her career or compensation as well as other tasks, or the employer might change the employee's job title to something less prestigious. The aim of this form of action may be to frustrate the employee so that he or she can leave without filing a grievance or being eligible for unemployment benefits.

A positive discharge occurs when a worker quits because the working conditions are so unbearable that he or she can no longer work for the company. An employee who has been constructively discharged will sue his or her employer, claiming that he or she had no fair alternative under the circumstances. An employee who seeks constructive discharge must prove that the working conditions were so unusually adverse that a normal employee might feel forced to resign. According to California law, the employer either tried to induce the employee to resign or had direct knowledge of the unusually adverse conditions. To put it another way, an employer's actions must be particularly egregious to give rise to this argument.

Anti-retaliation and anti-discrimination legislation

The following is a list of labor laws that forbid discrimination and retaliation against workers and work applicants, as applied by the Labor Commissioner. Unless otherwise noted, complaints must be lodged within one year of the retaliatory act.

Section 96 of the Labor Code (k)

Allows the Labor Commissioner to be assigned cases for lost wages arising from retribution for the legal activity that occurs outside of working hours and away from the employer's premises.

Section 98.6 of the Labor Code

Protects an employee who files or threatens to file a claim or complaint with the Labor Commissioner, institutes or causes to be instituted any proceeding relating to rights under the Labor Commissioner's jurisdiction, or testifies in any such proceeding, complains orally or in writing about unpaid wages, or exercises any of the rights provided (on behalf of oneself or other employees).

Chapter 230 of the Labor Code (a)

Section 230(a) of the Labor Code forbids an employer from retaliating against an employee who takes time off to serve on a jury without giving the employer fair notice.

Chapter 230 of the Labor Code (b)

Section 230(b) of the Labor Code forbids an employer from retaliating against an employee who is a victim of a crime for taking time off to testify in court as a witness in a criminal case in response to a subpoena or court order.

Chapter 230 of the Labor Code (c)

Section 230(c) of the Labor Code prohibits an employer from firing, discriminating against, or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking, who is a victim of a crime that caused physical injury or mental injury and a threat of physical injury, or who is a person has an immediate family member died as a direct result of a crime that caused physical injury or mental injury and a threat of physical injury, or who is a person.

Chapter 230 of the Labor Code (e)

Section 230(e) of the Labor Code forbids an employer from firing or retaliating against an employee because of his or her status as a victim of crime or harassment, as long as the victim informs the employer or the employer has actual knowledge of the status.

Chapter 230 of the Labor Code (f)

An employer must make reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, a victim of a crime that resulted in physical injury or mental injury and a threat of physical injury, or a person whose immediate family member died as a direct result of a crime (regardless of whether the crime was arrested, prosecuted, or convicted).

Section 230.1 of the Labor Code

An employer that has 25 or more employees is prohibited from retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking, who is a victim of a crime that resulted in physical injury or mental injury and an impending threat of physical injury, or who is a person who has an immediate family member died as a direct result of a crime (regardless of whether the crime resulted in physical injury or mental injury and a threat of physical injury), or who is a person If possible, the worker must provide fair advance notice.

Section 230.2 of the Labor Code (b)

A worker who is a victim of a crime, and immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim may be excused from work to attend judicial hearings related to that crime.

Section 230.3 of the Labor Code

An employee is safe if he or she takes time off to volunteer as a volunteer firefighter, reserve peace officer, or emergency rescuer. If an employee who is a health care worker is classified as emergency rescue personnel and is informed that he or she will be mobilized as a result of that appointment, the employee must inform his or her employer.

Section 230.4 of the Labor Code

Volunteer firefighters, reserve police officers, and emergency rescue staff are covered by Labor Code section 230.4, which allows them to take up to 14 days off every calendar year to participate in fire or law enforcement training. Employers with 50 or more workers are subject to this law.

Section 230.5 of the Labor Code

Section 230.5 of the Labor Code forbids an employer from retaliating against an employee who takes time off to appear in court for certain crimes listed in section 230.5(a)(2) of the Labor Code.

Section 230.7 of the Labor Code

Section 230.7 of the Labor Code forbids an employer from retaliating against a parent or guardian of a student who takes time off work to attend the student's school as a result of a request submitted under Education Code section 48900.1.

Section 230.8 of the Labor Code

An employer with 25 or more hired workers is prohibited from retaliating against a parent of a child who works up to 40 hours per year, but no more than 8 hours a month, off to engage in the child's school events, to find or enroll their child in daycare or child care, or for school emergencies, according to Labor Code section 230.8. (no 8-hour restriction for school emergencies). For the purposes of this section, a parent is described as a stepparent, foster parent, guardian, grandparent, or another individual who acts in the child's position.

Parts 232 of the Labor Code

Section 232 of the Labor Code forbids an employer from firing or retaliating against an employee who discloses his or her wages. Employers cannot even compel an employee to sign a contract or other document denying the employee's right to report his or her earnings or to refrain from reporting his or her wages in some other way.

Section 232.5 of the Labor Code

An employer is prohibited from firing or retaliating against an employee who discusses or discloses details about the employer's working conditions under Labor Code section 232.5. Employers cannot even compel employees to sign a contract or other agreement, denying them the right to discuss or disclose information about the employer's working conditions or to refrain from disclosing information about the employer's working conditions in some other way.

Chapter 233 of the Labor Code

Employers who provide sick leave to their workers must allow employees to use their unused and available sick leave in a calendar year in a sum that is not less than the sick leave that would have accrued over six months. Employees can use sick leave for any of the reasons listed in section 246.5. (a). Section 233 allows employees to designate days as paid sick leave at their discretion.

Section 234 of the Labor Code

A breach of section 233 is an employer's absence control program that counts sick leave taken under Labor Code section 233 as an absence that may result in discipline, dismissal, demotion, or suspension.

Chapter 244 of the Labor Code

An adverse action is described as reporting or attempting to report to any government agency the alleged or actual immigration status of an employee, former employee, or prospective employee who has exercised a right under the Labor Code, Government Code, or Civil Code.

Parts 246.5 of the Labor Code

Employers are prohibited from denying employees the right to use accrued sick days and from retaliating against employees who use sick leave, attempt to use accrued sick leave, file a complaint about sick leave, alleges a violation of paid sick leave rights, cooperate with a sick leave investigation or prosecution, or oppose a policy or practice that violates California law.

Section 432.3 of the Labor Code

Section 432.3 of the Labor Code forbids an employer from using a prospective employee's wage history to decide whether or not to make an offer of employment, and if so, at what salary. An employer does not inquire about an applicant's pay history directly or through an employee. An employer must also include the pay scale for a position to a job applicant upon appropriate request.

Chapter 432.6 of the Labor Code

Section 432.6 of the Labor Code forbids employers from requiring employees to waive any privilege, platform, or procedure for violations of the Labor Code or the Fair Work and Housing Act, including the right to file a complaint or administrative claim.

Chapter 432.7 of the Labor Code

An employer may not require an applicant to reveal details about an arrest or incarceration that did not result in a conviction, or information about a referral to or involvement in a rehabilitation program, or a conviction that was judicially dismissed or required to be sealed, according to Labor Code section 432.7(a)(1). An employer should not seek or use any record of arrest or incarceration that did not result in prosecution, or any record of a referral to and involvement in a rehabilitation program, or a conviction that was judicially dismissed or required to be sealed, as a factor in deciding any condition of employment.

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How to Handle Discrimination and Sexual Harassment Claims in California