SAN FRANCISCO EMPLOYMENT LAW BLOG

In the bustling landscape of California’s workplaces, employees often find themselves juggling various responsibilities. From the demands of their jobs to the needs of their families, it’s crucial to strike a balance. 

However, what happens when your family status becomes a source of discrimination in the workplace? Let’s explore California’s marital status laws, examine family status discrimination, understand the protections for parenthood, and learn how to seek help if you encounter it in the workplace.

What Is Family Status Discrimination?

California family status laws aim to protect employees from discrimination based on their marital status. Marital status discrimination occurs when an employer treats an employee unfairly due to their marital status, parental role, or other familial responsibilities. This type of discrimination can manifest in various ways, such as:

• Refusing to hire or promote someone because they are a parent.
• Subjecting employees to different terms and conditions based on their marital status.
• Making derogatory comments or jokes about an employee’s family responsibilities.
• Failing to provide reasonable accommodations for an employee’s family-related needs.

Is Parenthood a Protected Class in California?

No, parenthood is not a protected class in California. While the state recognizes that being a parent is a fundamental aspect of many people’s lives, being a parent is not a protected class the way marital status is. As such, it is not illegal for employers to discriminate against employees or job applicants based on their role as parents alone.

Certain local jurisdictions have regulations protecting people who are responsible for caring for another person. These are known as family responsibilities discrimination laws or caregiver protection laws. For example, in San Francisco, employers may not prohibit against people due to their role as caregivers. Still, this does not apply to parents specifically, as the law defines a caregiver as someone responsible for caring for an adult family member with a serious medical condition. 

Despite this, there are laws prohibiting certain actions against current or prospective parents, including: 

• California Pregnancy Discrimination Act (CPDA): In California, employers are required to provide reasonable accommodations to pregnant employees under the CPDA. This means that if you are pregnant, your employer must make reasonable adjustments to your job duties or provide you with leave if necessary.
• Lactation Accommodations: Every employer must offer nursing workers a “reasonable amount of break time” and a safe, healthy, and private location to express milk for their infant children. 
• California Family Rights Act (CFRA): The CFRA is a stronger version of the federal Family and Medical Leave Act (FMLA), giving parents the right to protected unpaid leave if they need to care for their children’s serious medical condition. 
• New Parent Leave Act (NPLA): This law ensures that eligible employees can take time off work to bond with a new child, whether through birth, adoption, or foster care placement.
• Reproductive Loss Leave: This law guarantees workers the right to limited protected time off to recover from a reproductive loss such as a miscarriage or failed adoption.
• Leave to Participate in School Activities: Eligible employees may receive up to 40 hours a year to respond to emergencies at their children’s school or daycare or to find and enroll their children in new institutions. 

While parenthood itself isn’t protected, these laws provide working parents with a variety of protections in the workplace. 

When Gender, Marital Status Discrimination, and Parenthood Intersect

While parenthood isn’t a protected category, marital status and gender are. Many instances of potential discrimination against parents are barred by gender or marital status protections. For example, an employer cannot discriminate against a female employee because she is pregnant (gender discrimination), and they cannot treat her unfavorably because she is a married or unmarried parent (marital status discrimination). This ensures that working mothers receive equal opportunities and protections in the workplace.

Getting Help for Family Status Discrimination in California

If you believe you have experienced marital status discrimination in California, you have several options for seeking help:

1. Document Everything: Start by documenting any incidents of unfair treatment related to your family status. This includes noting dates, times, locations, individuals involved, and any witnesses. Keep copies of relevant emails, memos, or other written communications.
2. Speak with your employer: Consider discussing the issue with your immediate supervisor or the Human Resources (HR) department within your company. They may not be aware of the situation and might be willing to address it through internal channels. Be clear about your concerns and provide any supporting documentation. In some cases, addressing the issue directly with your employer may lead to a resolution.
3. File a complaint: If discussing the issue with your supervisor or HR does not lead to a resolution, you may need to file a formal complaint within your organization. Follow your company’s established procedures for reporting discrimination. Ensure you keep copies of all correspondence related to your complaint.
4. Consult an attorney: If your employer does not take appropriate action to address the problem, or if you believe your case is not adequately resolved, consider consulting with an attorney who specializes in employment discrimination cases. They can provide legal advice, assess the strength of your case, and guide you on the best course of action.

Professional Representation for Family Status Discrimination 

In California, family status discrimination is illegal, and employees have rights to protect themselves from unfair treatment based on their family responsibilities. Understanding these rights and the laws that safeguard them is crucial for maintaining a healthy work-life balance and a discrimination-free workplace. If you encounter marital status discrimination, remember that help is available, and you have legal protections under California employment laws. At Le Clerc & Le Clerc, LLP, we specialize in helping parents pursue justice for the discrimination they face in the workplace. We encourage you to get in touch if you think you’re facing parental discrimination by your employer. We can help you determine if you have a case and pursue compensation for the harm you’ve suffered.

Navigating the workplace and personal faith can sometimes feel like walking a tightrope, especially when it comes to observing religious holidays with your family. In California, a state celebrated for its cultural and religious diversity, understanding your rights as an employee to take time off for religious observances is crucial. 

Whether you’re celebrating Yom Kippur, Eid, Diwali, Christmas, or any other religious event, it’s important to know that your rights are safeguarded, allowing you to honor your traditions and spend time with your family while maintaining your professional commitments. Let’s delve into the details of these rights and the steps you can take to exercise them.

California’s Laws Regarding Religious Accommodations for Time Off

In California, employers are required by law to provide reasonable accommodations to employees who are unable to work on specific days due to religious holidays or observances. This includes excusing employees from performing duties that conflict with their religious beliefs. These laws come into play in workplaces with five or more employees, aligning with California’s broader employment laws and standards.

Reasonable accommodations, including time off for a religious holiday, are determined on a case-by-case basis. There is no one-size-fits-all solution, and each situation is evaluated individually. Employers must engage in an interactive process with employees to discuss any requests for religious accommodation. This process involves both the employer and the employee working together to find an acceptable solution that respects the employee’s religious needs while considering the employer’s operational requirements.

A reasonable accommodation may include, but is not limited to, job restructuring, job reassignment, modification of work practices, or allowing time off. The accommodation should aim to eliminate the conflict between the religious practice and the job requirements. For example, if an employee has worked extra hours or days, they may be allowed time off equivalent to this amount to observe a religious holiday.

Employers are expected to grant reasonable accommodations unless doing so would result in “undue hardship.” This is a high threshold to meet and implies that an accommodation should be given unless it causes significant difficulty or expense to the employer.

The employee bears the burden of providing notice of the conflict between their religious beliefs and work requirements. This means that employees need to inform their employer about their need for time off for religious observances.

Has Your Right to Religious Accommodations Been Violated?

If you’re not sure whether your rights to accommodations have been violated, here are some factors you can look for:

• Refusal to Accommodate: If your employer outright refuses to accommodate your religious practices without consideration, it’s likely discriminatory.
• Failure to Engage in Interactive Process: Employers are required to engage in a good faith interactive process to discuss accommodation requests. Failure to do so can be a sign of violation.
• Retaliation: If you face negative job actions like demotion, termination, reduction in hours, or harassment after requesting religious accommodations, your rights may be violated.
• Inconsistent Policies: If accommodations are granted to some employees but not to others in similar situations, this may indicate discrimination.
• Undue Hardship Claim Without Justification: Employers may deny accommodations by claiming undue hardship, but this must be based on concrete evidence, like significant expense or difficulty, not mere inconvenience.

How to Take Legal Action for Workplace Religious Discrimination

Taking legal action for workplace religious discrimination can be a multi-step process. It’s important to understand your rights and the procedures involved. Here’s a general guide on how to proceed:

• Document the Discrimination: Keep detailed records of any instances of discrimination. This includes dates, times, places, names of the people involved, and a description of what occurred. Save any related emails, memos, or other written materials.
• Seek Legal Advice: Consider consulting with an attorney experienced in employment law. An attorney can provide guidance specific to your situation and can help you navigate the process of filing a charge and a lawsuit, if necessary.
• Report the Discrimination Internally: Most companies have a process for filing discrimination complaints. Report the discrimination to your HR department or another designated internal body. Follow your company’s procedures, and keep a record of your complaint and any responses.
• File a Complaint with the CRD: If the issue is not resolved internally, you can file a complaint with the California Civil Rights Department (CRD). The CRD is responsible for enforcing federal laws against employment discrimination. You must file a charge of discrimination with the CRD before you can file a job discrimination lawsuit against your employer.
• Investigation by the CRD: Once you file a charge, the CRD may investigate your complaint. The EEOC may mediate between you and your employer, ask your employer to respond to your charge, and gather information from your employer and other sources.
• Notice of Right to Sue: If the CRD determines that discrimination has occurred, they may take legal action. However, if they decide not to sue, or if you request it, they will issue you a “Notice of Right to Sue,” which permits you to file a lawsuit in a court of law.
• File a Lawsuit: If you receive a Notice of Right to Sue from the EEOC, or if the EEOC has not completed its investigation within 180 days, you can file a lawsuit against your employer. This lawsuit can be filed in either federal or state court.

If your case goes to court, be prepared for the legal process. This may include discovery (gathering of evidence), depositions (formal statements made under oath), and, eventually, a trial. An experienced attorney can help you prepare for this process and consider more efficient solutions such as mediation. 

Seek Expert Legal Counsel for Your Religious Discrimination Case

Recognizing a violation of your right to religious accommodations requires a clear understanding of the laws, knowing what an appropriate accommodation looks like, and being aware of your employer’s response to your request. If you believe your rights have been violated, it’s important to take the appropriate steps to address the issue, including seeking legal advice.

At Le Clerc & Le Clerc LLP, we can help. Learn more about how we can assist you with your religious discrimination claim by scheduling your free consultation with our San Francisco employment law firm today.