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What to Do If You Are Denied Career Advancement Because You Are a Parent

Many California workers discover that the moment they become parents, their professional opportunities begin to change in subtle but powerful ways. Promotions may stall, high-value projects may go to other employees, and well-earned leadership roles may suddenly seem out of reach. 

Employers seldom admit to judging workers based on their parental responsibilities. However, these decisions often reflect deeply ingrained stereotypes about commitment, availability, and long-term career focus. California law offers important protections for workers who experience this type of discrimination, but spotting the signs and knowing what to do next can feel overwhelming. 

Below, we will break down how parenting bias shows up in promotion decisions, what rights employees have under California law, and what steps to take if you believe you were denied advancement because you are a parent. Nothing in this article constitutes legal advice; employees should speak with an attorney for guidance tailored to their situation.

Understanding Parental Status Discrimination

Parental status discrimination, sometimes called family responsibilities discrimination, occurs when an employer treats a worker differently because the worker is a parent or perceived to have caregiving obligations. It is often rooted in stereotypes about how much energy or attention a parent can give to work. Employers may assume, consciously or unconsciously, that parents will be unavailable for overtime, out of the running for demanding roles, or less invested in career progression. 

Even when these assumptions are not spoken aloud, they can influence who receives mentorship, training opportunities, and advancement. Parental bias can violate California law when it overlaps with discrimination based on sex, gender, pregnancy, or retaliation for protected leave.

Is Parental Status a Protected Category? How California Law Works

California’s Fair Employment and Housing Act (FEHA) does not list “parental status” as a protected class on its own. However, decisions that disadvantage parents often connect to protected categories in ways that make the conduct unlawful. 

For example, mothers are disproportionately impacted by parental discrimination, meaning these cases frequently overlap with sex or gender discrimination. Similarly, employees who experience negative treatment after a pregnancy announcement, postpartum recovery, or lactation accommodation request may have viable claims under FEHA or California’s Pregnancy Disability Leave statutes. Parents who take CFRA or FMLA leave also receive legal protection from retaliation. Even when the employer frames decisions in neutral terms, if the real reason stems from assumptions about caregiving, the conduct may be illegal.

Common Examples of Parental Bias in Promotion and Advancement Decisions

Parental discrimination rarely occurs through explicit statements or written policies. Instead, it shows up in workplace patterns. These include situations such as the following:

  • An employee returning from parental leave may find that a previously expected promotion is “on hold” or has been given to someone else. 
  • Parents may be excluded from key meetings or client opportunities based on assumptions about their availability. 
  • Managers may stop offering career-building assignments because they believe the employee is “already overwhelmed.” 
  • Fathers sometimes experience discriminatory treatment when they ask for the same flexibility granted to mothers, reflecting gendered expectations about caregiving roles. 

In California workplaces, these behaviors create invisible barriers that keep parents (especially mothers) from advancing in their careers.

4 Signs That You May Be Experiencing Unlawful Discrimination

Employees often sense something is wrong long before they can clearly define it. You might notice issues such as:

  1. Changes in Feedback: A sudden shift in feedback that appears after you disclose pregnancy or childcare responsibilities may be a red flag. 
  2. Stalled Progression: If colleagues with similar or weaker performance records advance while your progress stalls, that disparity may signal discrimination. 
  3. Negative Comments: Managers and other colleagues may make statements implying that parents are unreliable or distracted, or that motherhood and leadership are incompatible, which provides additional evidence of bias. 
  4. Retaliation: Unwanted adjustments to work responsibilities or schedules following accommodation requests, lactation-break requests, or protected leave also raise legal concerns. 

While not every unfair situation is unlawful, identifying patterns can help you understand whether your treatment constitutes discrimination under California law.

How Parental Leave and Care Obligations Affect Advancement Under California Law

Employees who take legally protected leave under CFRA or FMLA are entitled to reinstatement and freedom from retaliation for exercising their rights. An employer cannot lawfully deny a promotion because the employee took maternity, paternity, bonding, or caregiving leave. 

California also requires employers to provide lactation accommodations, and employees cannot face negative treatment for requesting or using these breaks. When an employer ties advancement decisions to the fact that you needed legally protected time off or flexible scheduling, that conduct may constitute unlawful retaliation or discrimination.

What to Do If You Suspect You Were Denied Advancement Because You Are a Parent

The first step is to examine whether the employer’s stated reasons for the promotion denial align with your documented performance. Evaluating whether expectations changed after you became a parent can also be revealing. 

Begin gathering documentation, including performance evaluations, project records, emails, and any written communication discussing your parental responsibilities. Notes detailing comments or conversations that reflect bias can be important evidence later. Make sure you store copies of documents outside the employer’s direct control, as companies often restrict access once an employee raises concerns.

How to Have an Internal Conversation with HR or Management

If you feel comfortable, you may choose to raise questions about the promotion decision with a supervisor or HR. Asking for the reasons in writing helps establish a clear record. Approach the conversation factually, without accusation, and focus on your qualifications and the need for transparency. HR may conduct an internal review, and your inquiry may reveal whether the employer’s explanation is consistent, supported, and credible. These conversations often become significant evidence if the matter escalates to a legal claim.

When to File a Formal Complaint Within the Company

Submitting a formal internal complaint can be an important step for employees experiencing discrimination. Doing so notifies the employer of the issue and triggers their legal duty to investigate. California law prohibits retaliation for making a good-faith complaint about discrimination or unlawful treatment. While filing a complaint may feel intimidating, it can protect you and strengthen your case if the employer’s response is inadequate or punitive.

How to Evaluate Whether the Employer’s Explanation Is Legitimate or Pretextual

Employers rarely admit that a promotion decision was based on assumptions about a worker’s parenting. Instead, they may rely on broad statements such as leadership style, culture fit, or vague performance differences. If the explanation has shifted over time, lacks supporting documentation, or does not match your track record, those inconsistencies may suggest pretext. 

Comparing your qualifications to those of the person who received the promotion can also highlight possible discrimination. Suppose the decision-maker made comments about parenting or availability during the evaluation period. In that case, those remarks may illustrate the real motivation behind the outcome.

How Retaliation Fits Into These Cases

Retaliation often becomes a central issue in parental discrimination cases because employees who raise concerns may face further negative treatment. Retaliation can include:

  • Unfavorable schedule changes
  • Reduced responsibilities
  • Exclusion from meetings
  • Unfair performance reviews
  • Termination

California law prohibits employers from punishing employees for asserting their rights or filing a complaint. Evidence of retaliation often strengthens the underlying discrimination claim by revealing hostility toward the employee’s parental responsibilities or protected activities.

How Le Clerc & Le Clerc, LLP Investigates Parenting-Related Discrimination Claims

Employment attorneys at Le Clerc & Le Clerc, LLP, analyze these cases by reviewing performance data, comparators, promotion histories, and internal communications. The firm examines whether other parents at the company experienced similar treatment and whether the employer follows consistent decision-making practices. 

Lawyers may seek access to emails, internal chats, and documents that shed light on the employer’s reasoning. Interviews, depositions, and subpoenas can further uncover whether the employer relied on stereotypes or retaliated against an employee for using protected leave. Because parenting discrimination often intersects with gender discrimination or retaliation, attorneys review the situation through multiple legal frameworks to identify all potential claims.

Preparing for Litigation: What Employees Should Expect

If you decide to take legal action, the process typically begins with a complaint filed with the Civil Rights Department, followed by negotiation or litigation. Attorneys gather evidence through documents, interviews, and depositions to assess the strength of the case. While timelines vary, discrimination cases can take many months to resolve. During this process, maintaining detailed records and continuing to uphold professional standards in the workplace can help strengthen your claim.

The Role of Settlement in Parental Discrimination Cases

Many cases resolve through settlement rather than trial. Settlement negotiations may involve compensation for lost earnings, emotional distress, and changes to company policies. The strength of the evidence, the impact of the promotion denial, and the employer’s litigation risk all influence the outcome. Le Clerc & Le Clerc, LLP uses its extensive experience to advocate for resolutions that reflect the harm done to the employee’s career and professional reputation.

Legal Remedies If You Were Denied Advancement Because You Are a Parent

California law allows employees to seek multiple forms of compensation when their careers suffer due to discrimination or retaliation. These remedies may include:

  • Lost Wages and Missed Promotion-Related Income: This is one of the most common forms of compensation, as lost income is a directly quantifiable, tangible form of harm. 
  • Front Pay and Reinstatement: Courts may award front pay or order reinstatement to a leadership track when appropriate. 
  • Emotional Distress: Employees can also recover compensation for emotional distress caused by discriminatory treatment. 
  • Punitive Damages: In cases involving especially harmful or egregious conduct, punitive damages may be available to deter other companies from engaging in similar conduct toward workers in the future.

FEHA also allows successful employees to recover attorney’s fees and litigation costs.

How to Protect Your Career While Your Case Is Pending

Employees pursuing discrimination claims must often continue working alongside decision-makers involved in the dispute. Maintaining professionalism, documenting ongoing performance, and avoiding reactive behavior can help protect your reputation and legal position. Employees should continue meeting workplace expectations and rely on their attorney for guidance on how to navigate sensitive interactions.

How Parenting Bias Disproportionately Affects Mothers and Caregivers

Parents of all genders face obstacles in the workplace, but mothers often experience the harshest consequences. Research consistently shows that mothers are offered fewer leadership opportunities and face assumptions that they are less committed to their careers. 

Fathers may experience different but equally harmful biases, particularly when they request parental leave or flexible schedules. Caregivers of children with medical or special needs considerations may face intensified scrutiny due to scheduling demands. These disparities highlight the importance of strong legal protections for working parents in California.

Why Consulting an Employment Attorney Early Can Make a Significant Difference

Speaking with an attorney early in the process can help employees better understand their rights and preserve critical evidence. Attorneys can advise on how to document events, navigate HR conversations, and evaluate the employer’s conduct. Early legal guidance often strengthens the case and improves the likelihood of a favorable resolution. During an initial consultation, employees should be prepared to discuss performance history, timeline of events, and any relevant documents that illustrate the employer’s actions.

You Don’t Have to Navigate Parenting-Related Discrimination Alone

Being denied advancement because you are a parent is not only unfair but often unlawful under California’s strong employment protections. If you believe parenthood has been used to sideline your career, you have options. Consulting an experienced employment attorney can help you understand your rights, evaluate your situation, and take steps to protect your future. Le Clerc & Le Clerc, LLP advocates for working parents across California and helps ensure that parental status never becomes a barrier to professional success.

What to Do If Your Employer Offers “Family-Friendly” Benefits but Still Discriminates

Across California, many companies proudly market themselves as “family-friendly.” They advertise generous parental leave, flexible schedules, remote work options, and even childcare stipends. On paper, these benefits signal progress: a commitment to supporting employees as whole people, not just workers. Yet, behind the branding, many employees discover a different reality: subtle or overt discrimination against caregivers, parents, and pregnant employees.

These contradictions expose a deeper problem in modern workplaces. An employer can promote family values while quietly penalizing those who take advantage of the very policies that make the company appear inclusive. When that happens, the law offers important protections. Understanding how to recognize and challenge such hypocrisy is the first step toward holding employers accountable.

Understanding Family-Friendly Benefits

Family-friendly benefits are voluntary incentives companies offer to attract and retain talent. Common examples include paid parental leave, flexible or hybrid work arrangements, lactation accommodations, and time off for family or medical needs. These programs are designed to make workplaces more equitable and sustainable, particularly for employees balancing careers with caregiving responsibilities.

However, because most family-friendly benefits are discretionary rather than mandated, employers often retain control over how they’re applied. A company might offer generous parental leave in writing but quietly discourage employees from using it. It may also celebrate flexibility in theory but penalize those who request adjusted schedules. This discrepancy between policy and practice is where discrimination often emerges.

When Family-Friendly Policies Become Discriminatory

A workplace can legally advertise family-friendly values while still violating employment laws if it treats employees differently because of their caregiving status, pregnancy, or gender. For example, an employer might express frustration when a mother takes her full maternity leave, while praising a father who returns early. Or it might exclude a working parent from key projects, assuming they’re less committed.

Even policies that appear neutral can become discriminatory if they disproportionately harm caregivers. For instance, penalizing employees for “lack of flexibility” or “reduced availability” after taking parental leave may mask gender-based bias.

Recognizing Signs of Discrimination Behind the Benefits

Discrimination in family-friendly workplaces is often subtle, making it harder to identify. Employees may experience a gradual shift in how they’re treated after taking leave, requesting accommodations, or disclosing a pregnancy.

Warning signs include negative remarks about time off, sudden changes in performance reviews, removal from leadership opportunities, or pressure to work extra hours to “make up” for leave. Some employees notice they’re excluded from meetings or projects after becoming parents. Others see promotions go to colleagues without family responsibilities.

Bias can also emerge in everyday interactions. A supervisor might question whether a new mother is “ready to commit fully” or imply that a father “doesn’t need paternity leave.” These statements reinforce stereotypes and can create a hostile work environment. Employees who raise concerns about fairness may then face subtle retaliation, such as unfavorable scheduling, unwarranted discipline, or reassignment.

Legal Protections for Workers in California

California has some of the strongest workplace protections in the nation for employees who experience discrimination tied to family, caregiver, or pregnancy status. These laws are designed to ensure that workers can balance their personal and professional responsibilities without being punished or denied opportunities. When employers advertise “family-friendly” benefits but fail to uphold them in practice, these legal frameworks give employees the right to challenge such behavior.

The Fair Employment and Housing Act (FEHA)

The California Fair Employment and Housing Act (FEHA) serves as the cornerstone of anti-discrimination law in the state. It prohibits employers from discriminating based on sex, gender, pregnancy, marital status, or family responsibilities. FEHA applies to all aspects of employment, including hiring, promotions, compensation, and termination. For example, it is illegal for a supervisor to deny a promotion to a mother on the assumption that she’s “too busy with her kids,” or to retaliate against an employee for requesting time off to care for a family member. FEHA also protects employees from harassment and retaliation when they assert their rights or file complaints.

The California Family Rights Act (CFRA)

The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of job-protected leave in a 12-month period for certain qualifying reasons. This includes caring for a new child (through birth, adoption, or foster placement), a seriously ill family member, or the employee’s own serious health condition. Under CFRA, an employer cannot deny leave, retaliate against an employee for using it, or take adverse action because of absences protected by the law.

Pregnancy Disability Leave (PDL)

For employees who are pregnant or have recently given birth, Pregnancy Disability Leave (PDL) offers additional protections. PDL provides up to four months of leave for employees who are disabled by pregnancy, childbirth, or related medical conditions. 

This leave is separate from and in addition to CFRA leave, meaning a pregnant employee may be entitled to take PDL before giving birth and then take CFRA leave afterward to bond with the child. Employers are prohibited from terminating or demoting an employee for taking this leave or requesting related accommodations.

The Equal Pay Act

The California Equal Pay Act and related gender equity laws further strengthen these protections. Employers must provide equal pay for substantially similar work regardless of gender. They cannot use caregiving responsibilities or part-time status as pretexts for paying one employee less than another performing the same duties.

Together, these overlapping laws create a powerful safety net for employees. Workers who experience discrimination because they used or requested family-friendly benefits can often bring claims under multiple statutes. For example, an employee demoted after returning from maternity leave may have a valid FEHA claim for gender discrimination, a CFRA claim for retaliation, and an Equal Pay Act claim if compensation was reduced unfairly. This layered system allows attorneys to hold employers accountable when their public image of inclusivity doesn’t match their internal practices.

How to Document and Respond to Discrimination

When workplace discrimination hides behind the guise of “family-friendly” policies, evidence becomes critical. Many employees notice small shifts in treatment rather than overt hostility, making careful documentation essential to proving a pattern of bias.

1. Keep Records of Discrimination and Retaliation

Start by keeping detailed records of any incident that feels retaliatory or discriminatory. Save all relevant emails, memos, text messages, and meeting notes. If a supervisor makes comments about your family responsibilities, document the date, time, and exact words used.

Keep copies of performance reviews, job assignments, and any changes to your duties or compensation, especially if those changes occur soon after requesting or taking family-related leave.

2. Compare Your Treatment to Others

Next, compare your treatment to that of similarly situated coworkers. If others who did not take parental leave or request flexible schedules are promoted or praised while you face criticism or exclusion, that comparison may reveal unequal treatment. Patterns across departments or teams can also demonstrate systemic discrimination.

3. Look for Unbalanced Enforcement 

It’s equally important to track discrepancies between official policies and how they’re enforced. If your employer’s handbook promotes flexible work or family leave but managers discourage or penalize its use, that inconsistency can serve as powerful evidence of hypocrisy and retaliation.

4. Consider Internal Complaints vs. Legal Action

If you decide to report discrimination internally, follow formal procedures outlined in your employee handbook. Submit complaints in writing to HR or management, clearly describing the events and referencing relevant dates and policies. Keep a personal copy of all correspondence. Avoid discussing your complaint casually with coworkers, as HR investigations often rely heavily on documented evidence and consistent statements.

Filing an internal complaint is often a good first step, but it may not resolve the problem. Some employees find that raising concerns only leads to further retaliation or subtle ostracism.

When internal remedies fail, or if the discrimination is severe, you can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate claims and may issue a “right-to-sue” letter, allowing you to pursue legal action.

Timing is crucial. In California, employees typically have three years from the date of the alleged violation to file a complaint with the CRD. The sooner you act, the easier it is to gather evidence and witness statements.

5. Prepare for Retaliation

Finally, protect yourself against retaliation. California law prohibits employers from punishing employees for filing complaints, cooperating in investigations, or asserting their legal rights. Retaliation can take many forms: 

  • Sudden schedule changes
  • Demotions
  • Disciplinary write-ups
  • Exclusion from meetings 

If you experience any of these after speaking up, add them to your documentation.

If internal reporting doesn’t resolve the issue or if retaliation continues, it’s time to speak with an employment attorney. Legal counsel can help you evaluate your claims, file a complaint with the CRD or Equal Employment Opportunity Commission, and ensure your rights are protected at every stage.

By staying organized, proactive, and informed, employees can turn the documentation of mistreatment into a compelling case for justice. It also ensures that “family-friendly” policies are more than just a marketing slogan.

What Counts as a Case for Workplace Discrimination?

A successful discrimination case requires clear evidence showing that an employer’s actions were motivated by bias or retaliation. Attorneys evaluate whether policies were applied inconsistently or whether decisions were influenced by stereotypes about caregivers.

Evidence might include changes in pay, performance ratings, or assignments following family-related leave; written communications discouraging employees from taking time off; or a pattern of exclusion targeting parents or caregivers.

Remedies for successful claims can include reinstatement, back pay, promotion opportunities, compensatory damages for emotional distress, and even punitive damages in egregious cases. Courts can also require employers to revise their policies and training programs to prevent future discrimination.

How Le Clerc & Le Clerc, LLP Can Help

At Le Clerc & Le Clerc, LLP, we have extensive experience representing employees who have faced discrimination despite their employer’s so-called family-friendly policies. Our attorneys understand how these cases unfold and how employers attempt to conceal discriminatory motives behind vague performance metrics or “business needs.”

We take a strategic approach to every case, from reviewing documentation and interviewing witnesses to negotiating settlements or pursuing litigation when necessary. Our firm has successfully challenged employers who retaliated against workers for taking parental leave, requesting flexibility, or caring for loved ones.

We know that many employees hesitate to come forward out of fear of losing their jobs. Our goal is to empower clients to protect their rights while navigating sensitive workplace dynamics with discretion and strength.

Preventive Takeaways for Employees

If you’re considering employment with a company that advertises family-friendly values, look beyond the marketing. Ask how policies are implemented in practice. Do employees actually take full parental leave without penalty? Are flexible work options available to all, or only certain roles?

Before requesting time off or modified hours, review your company’s written policies and consult with an attorney if something seems unclear. Understanding your legal rights can help you anticipate potential issues and document them early.

Most importantly, don’t assume unfair treatment is inevitable. The law is designed to protect workers from being punished for having families, pregnancies, or caregiving responsibilities.

Talk to Working Parent Discrimination Attorneys at Le Clerc & Le Clerc, LLP

“Family-friendly” benefits should empower employees, not serve as empty promises masking discriminatory practices. When employers fail to live up to their stated values, workers have every right to hold them accountable.If you believe your employer has discriminated against you for taking leave, requesting accommodations, or balancing family and work responsibilities, contact Le Clerc & Le Clerc, LLP. Our attorneys are dedicated to protecting the rights of California employees and ensuring that every workplace lives up to its commitments.

The Importance of Documenting Discrimination Against Parents in the Workplace

Workplace discrimination is an issue that affects many employees across various industries. It refers to unfair treatment or biases against individuals based on characteristics such as race, gender, age, and parental status. Discrimination in the workplace can lead to significant emotional, financial, and professional harm to the affected individuals. 

Strong documentation is crucial for substantiating claims of discrimination. Without it, proving that discrimination has occurred becomes challenging, and the likelihood of securing a favorable outcome diminishes. Here’s what you need to know about how to document workplace discrimination to support your claim.

Understanding Discrimination Against Parents

Discrimination against parents in the workplace refers to the unfair treatment of employees based on their status as parents or caregivers. This form of discrimination can manifest in various ways, often subtle but impactful. Here are some concrete examples:

  • Denial of Promotions: A qualified employee may be passed over for a promotion due to assumptions about their commitment or availability because they are a parent. For instance, a mother who recently returned from maternity leave might be overlooked for a leadership position despite her qualifications and performance record.
  • Unfavorable Job Assignments: Parents may be assigned less desirable tasks or projects under the assumption that they cannot handle more demanding roles due to their parenting responsibilities. For example, a father may be consistently given low-profile assignments while his childless colleagues receive high-visibility projects.
  • Inappropriate Remarks About Parenting Responsibilities: Parents might face derogatory comments or jokes about their need to balance work and family life. For instance, a manager might make snide remarks about a mother’s need to leave early for childcare, implying she is less dedicated to her job.
  • Lack of Accommodations: Parents may struggle to receive necessary accommodations, such as flexible working hours or remote work options, that help them manage their dual responsibilities. For example, a parent might request a modified schedule to care for a sick child but be denied without a valid business reason.
  • Retaliation for Taking Leave: Employees who take parental leave under the Family and Medical Leave Act (FMLA) or similar state laws may face retaliation upon returning to work. This could include being demoted, receiving a pay cut, or being excluded from important meetings and decisions.

Legal Protections for Parents

Federal and state laws provide various protections to prevent discrimination against parents in the workplace. Understanding these legal frameworks is crucial for recognizing and addressing such discrimination.

  • Family and Medical Leave Act (FMLA): The FMLA is a federal law that entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, including the birth and care of a newborn child. 
  • Pregnancy Discrimination Act (PDA): This federal law prohibits discrimination based on pregnancy, childbirth, or related medical conditions. 
  • Americans with Disabilities Act (ADA): While primarily focused on disabilities, the ADA can provide indirect protection to parents, especially those with children who have disabilities. 
  • State Laws: Many states have additional protections for parents and caregivers. For example, California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on familial status, which includes being a parent.

Understanding these legal protections helps parents recognize their rights and take appropriate action when facing workplace discrimination.

Why Documentation Is Crucial

Documentation is the cornerstone of a strong legal claim in cases of workplace discrimination. It serves as tangible evidence that helps substantiate the claims of the affected parent. 

For example, in legal proceedings, documentation can demonstrate patterns of discriminatory behavior. Consistent records over time can reveal a pattern of discriminatory actions. For instance, emails showing repeated instances of bias, performance reviews highlighting unjustified negative feedback, and records of denied promotions can collectively illustrate ongoing discrimination.

Proving discrimination without solid documentation is fraught with difficulties:

  • He Said, She Said: Without documentation, discrimination cases often devolve into a “he said, she said” scenario, where the court must decide based on conflicting testimonies. This lack of tangible evidence significantly weakens the case.
  • Lack of Concrete Evidence: Courts and legal bodies rely on concrete evidence to make informed decisions. Without documentation, it becomes challenging to prove that discrimination occurred, as there is no hard evidence to substantiate the claims.
  • Increased Risk of Dismissal: Claims that lack substantial evidence are at a higher risk of being dismissed early in the legal process. Judges and arbitrators may rule that there is insufficient proof to proceed, leaving the affected parent without recourse.
  • Difficulty Demonstrating Patterns: Discrimination is often systemic and occurs over time. Without documentation, it is difficult to demonstrate a consistent pattern of behavior, which is crucial for proving that the discrimination was not a one-off incident but an ongoing issue.

Documentation also provides concrete evidence that supports the individual’s account of events. For example, a detailed diary noting instances of discriminatory remarks, backed by emails or witness statements, strengthens the credibility of the claim.

Colleagues who witnessed discriminatory behavior may provide statements, but these testimonies gain weight when corroborated by documented evidence. For instance, witness statements about inappropriate comments can be bolstered by emails or meeting notes reflecting those comments.

Finally, employers often defend against discrimination claims by presenting their own narrative. Detailed documentation can effectively counter these defenses. For example, if an employer claims poor performance as the reason for denying a promotion, documented instances of praise and positive performance reviews can dispute this assertion.

6 Common Types of Documentation for Workplace Discrimination Claims

“Documentation” is a purposefully broad term because there are many ways that you can document or collect evidence for your claim. Some of the most common forms of documentation include:

1. Written Records: Emails, Memos, Letters

Saving all written communications that reflect discriminatory behavior or decisions is crucial. Emails, memos, and letters can provide concrete evidence of bias and unfair treatment. For instance, an email from a supervisor implying that a mother cannot handle a promotion due to her parental duties is a clear indicator of discrimination. Similarly, memos or letters that outline job expectations, changes in responsibilities, or performance issues can reveal discriminatory motives when analyzed over time.

2. Performance Reviews and Feedback

Performance reviews are key documents that can show discrepancies or biases related to parental status. These reviews should be scrutinized for inconsistencies or unjustified negative feedback that aligns with periods when parental responsibilities were prominent. For example, a father who receives excellent performance reviews before taking paternity leave and negative reviews afterward might be experiencing discrimination. 

3. Witness Statements

Gathering statements from colleagues who have witnessed discriminatory behavior can significantly bolster a discrimination claim. These statements add credibility and corroborate the parent’s personal accounts. Witness statements are especially powerful when they align with the parent’s documented evidence, creating a consistent narrative of discrimination.

4. Personal Notes and Diaries

Keeping a detailed personal log of incidents is an effective way to document discrimination. This log should include dates, times, descriptions of incidents, and the impact of these events on the parent’s work and well-being. Regular entries can help build a comprehensive picture of the discriminatory environment and demonstrate its ongoing nature.

5. Formal Complaints and HR Records

Filing formal complaints with HR and keeping copies of all related communications is essential. These records show that the parent took official steps to address the discrimination and provide a trail of how the company responded. Documenting the entire process—from the initial complaint to HR’s responses and any subsequent actions—can reveal whether the company took the complaint seriously and acted appropriately. If the company fails to address the issue adequately, these records can be pivotal in proving neglect or complicity in the discrimination.

6. Records of Any Changes in Job Responsibilities or Pay

Documenting any changes in job responsibilities or pay that seem to correlate with parental status is vital. Changes such as demotion, reduction in pay, reassignment to less desirable tasks, or removal from important projects can indicate discrimination. For example, a mother who is reassigned to a lower-level position after returning from parental leave should document the change, the timing, and any communications regarding the decision. 

By meticulously collecting and organizing these types of documentation, parents can build a robust case to support their claims of workplace discrimination. This evidence is crucial for demonstrating the pattern and impact of discriminatory behavior, making it more likely to achieve a favorable outcome in legal proceedings.

How to Collect Documentation

It is crucial to keep records from the first sign of discrimination. Early documentation can capture initial incidents that may otherwise be forgotten or overlooked. When a discriminatory action or comment occurs, make a note of it immediately. This proactive approach ensures that all relevant details are captured accurately and provides a comprehensive record of the discrimination as it unfolds.

Saving Copies of All Written Communications

Keep both digital and physical copies of all relevant communications. This includes emails, memos, letters, and any other written documentation that reflects discriminatory behavior. Digital copies are easy to store and search through, while physical copies provide a backup in case of digital failure. Organize these documents in a secure location, such as a dedicated folder on your computer and a physical file cabinet.

Documenting Conversations: Dates, Times, Participants, and Summaries

Accurately documenting verbal interactions is essential. When a significant conversation occurs, note the date, time, participants, and a summary of the discussion. For example, if a manager makes a discriminatory remark during a meeting, write down the details as soon as possible. Include who was present, what was said, and the context of the conversation. This detailed documentation can be crucial in proving verbal discrimination.

Recording Instances of Discriminatory Behavior and Their Impact

When documenting instances of discriminatory behavior, also note the impact on job performance and personal well-being. For example, if discriminatory behavior leads to increased stress, decreased productivity, or health issues, include these details in your records. This comprehensive documentation demonstrates the tangible effects of the discrimination and strengthens your case.

Maintaining a Timeline of Events

Creating a chronological timeline helps track all incidents and responses in an organized manner. This timeline should include all relevant events, from initial instances of discrimination to formal complaints and any subsequent actions. A well-maintained timeline provides a clear and coherent narrative, making it easier to present your case and demonstrate patterns of behavior.

Regularly Updating Records With New Information

It is important to regularly update your documentation to include new incidents or developments. Set aside time periodically to review and add to your records. This ongoing process ensures that your documentation remains comprehensive and current, providing the most accurate reflection of the discrimination you are experiencing.

Legal Considerations and Privacy Issues

Employees have the right to collect and retain documentation related to workplace discrimination. Understanding these rights helps you gather evidence without fear of retribution. Familiarize yourself with your company’s policies and legal protections to ensure that you are within your rights when collecting and storing documentation.

However, adhering to company policies and legal standards is essential when collecting documentation. Review your employer’s policies on data collection, privacy, and documentation to ensure compliance. This not only protects you legally but also ensures that your evidence is admissible in any legal proceedings.

Protecting personal privacy and the privacy of others mentioned in the documentation is crucial. Use discretion when sharing your records and ensure that sensitive information is only disclosed to trusted individuals or legal counsel. Redact any unnecessary personal details to maintain confidentiality and protect the identities of those involved. If you have any concerns or questions about protecting yourself or avoiding privacy concerns, an experienced employment law attorney can help. 

Make Your Parental Discrimination Claim With Le Clerc & Le Clerc, LLP

For parents facing discrimination, starting to document incidents early and seeking legal assistance can significantly enhance the chances of a successful outcome. By taking proactive steps and working with experienced legal professionals, parents can achieve justice and promote a fairer, more inclusive workplace for all.Documenting discrimination against parents in the workplace is essential for proving claims and securing justice. By following the guidelines and best practices outlined in this article, parents can build a strong case and protect their rights. Le Clerc & Le Clerc, LLP is committed to representing parents in California discrimination claims. Learn more about how we can help by scheduling your consultation today.

What to Do If You’re Fired During FMLA Leave

Most Americans have the right to take up to three months of unpaid leave to recover from injuries or care for a sick family member. This right is protected under the federal Family and Medical Leave Act (FMLA). If you live in California, you’re also protected under the California Family Act (CFRA) and have even broader rights to take time off. 

Under these laws, a covered employer can’t take “adverse employment actions” against you, like termination, demotion, or cutting your hours when you return to work. However, many employers ignore this restriction and fire workers for taking protected leave anyway. 

If you’ve taken FMLA or CFRA leave and been fired for it, you may have grounds to take legal action against your employer. Here’s what you need to know about these laws and what you can do if you’ve already been fired for taking protected time off. 

How FMLA and CFRA Protect Your Job

Both the FMLA and CFRA require covered employers to grant covered employees up to 12 weeks of unpaid leave per 12-month period to recover from illness or injury or to care for a sick family member. They also permit people to take time off for the addition of a child to their household through birth, adoption, or foster placement and for qualifying military exigencies. 

During this time, employees are not paid, but they remain employed, and their benefits must continue. Furthermore, when they return to work, they must be given their old job or one that is functionally indistinguishable. This allows workers to take time away from work for family reasons without risking their entire careers. 

California’s laws cover significantly more state residents than the FMLA does. Under the CFRA, covered businesses include any company with five or more employees, whether they are full-time or part-time. Workers qualify for CFRA leave if they have worked for an employer for at least one year and have worked at least 1250 hours for that employer in the past year. 

Furthermore, the state no longer requires specific legal relationships. Workers can take time off under CFRA to care for a “designated person,” including anyone to whom they are legally related or whose association with the employee is the equivalent of a family relationship. 

What Counts as Illegal Retaliation Under FMLA and CFRA?

Employers cannot retaliate against workers for taking FMLA or CFRA leave before, during, or after their time away. That is why this leave is considered “protected.” Employees are supposed to be able to take this time off without risking the loss of their job. 

However, too many employers either misunderstand CFRA or disregard it. These companies often view their workers as expendable resources and look for ways to discourage them from doing anything that may inconvenience the business. 

One way they do this is by finding excuses to terminate employees who request CFRA leave. This allows them to replace the worker with someone who does not need time away and discourages other employees from requesting their due time off. However, this type of termination is illegal, and the fired employee can file a claim against the business to get their job back and receive compensation for their losses. 

Termination because of CFRA leave isn’t the only type of retaliation the law bans. Other forms of illegal retaliation for CFRA leave include:

  • Cutting your hours before or after your time off
  • Demoting you 
  • Cutting your pay
  • Refusing to give you the same job or a functionally identical one when you return

In short, any adverse employment action your employer takes against you because you request CFRA or FMLA leave is unlawful. 

Benefits of Holding Your Employer Accountable for FMLA Discrimination

If you have suffered from an unlawful FMLA termination, you do not have to accept that your job is gone. You can take legal action against your employer to fight for your career and your lost pay. Pursuing your claim has benefits such as:

  • Job Reinstatement: If you’ve been fired, demoted, or had your hours cut, you can request that you be reinstated to your old job. Reinstatement will allow you to return to the work you did before suffering retaliation for your request, with the same pay and benefits as you had before you left. 
  • Damages for Lost Wages: Most forms of retaliation for requesting CFRA leave involve lost wages. Whether you’ve had your hours or pay cut or were fired, you can request back pay equivalent to the pay and benefits you did not receive. This is typically calculated based on the amount you made and the benefits you received in the months before you requested leave. 
  • Compensation for Emotional Distress: Losing your income is stressful, especially when you or a loved one is experiencing significant medical distress. You may be able to pursue financial compensation for the emotional damage your employer’s actions caused you. 

In short, you may be able to reclaim your job, the pay and benefits you lost, and even additional funds to make up for the stress of the matter. 

Proven Legal Representation for FMLA Discrimination Cases

You most likely have the right to take FMLA or CFRA leave in California to care for yourself or a loved one. If you’ve been fired for taking protected leave, you can stand up for your rights to keep your job, income, and benefits. The first step is to reach out to an experienced San Francisco employment law attorney. At Le Clerc & Le Clerc LLP, we specialize in protecting your right to fair employment under state and federal law. We have years of experience helping our clients address employment law violations like unlawful FMLA terminations. We are available to advocate on your behalf in court or at the negotiation table. Schedule your free consultation today to learn more.

Identifying and Standing Up To Antisemitism in the Workplace

Workplaces are spaces where individuals of all backgrounds and beliefs should be able to thrive without the heavy burden of discrimination and harassment. With the rise of violence in the Middle East, antisemitic attitudes have resurfaced worldwide, including in the United States.

It is important to identify and combat antisemitism in the workplace to ensure that every employee is treated with respect and dignity. Below, we explore the nature of antisemitism, California’s legal framework for addressing these issues, and what constitutes antisemitism in the workplace. For Jewish employees in California facing workplace harassment and discrimination, it’s vital to know that there are broad legal protections and supports to combat this issue.

Understanding Antisemitism

Workplace discrimination refers to the unfair treatment of an employee or job applicant based on their race, ancestry, ethnicity, religion, religious practice, national origin, and more. Discriminatory behavior can manifest in various forms, including harassment, denial of promotions and opportunities, denial of reasonable accommodations for religious practices, and wrongful termination. Antisemitism generally refers to conduct that targets individuals because of their actual or perceived Jewish identity.

However, the Jewish identity is a complex matter, and antisemitism in the workplace does not have to fit into a single category to be prohibited. Judaism is a religion, and discrimination based on religious belief and practice is prohibited. However, not all Jews practice Judaism. Meaning, Jewish atheists are still Jews. This is because a person’s Jewish identity may be rooted in their ethnicity or ancestry: Ashkenazi, Sephardic, Mizrahi, Yemenite, and Beta Israel. Moreover, various Courts held that for purposes of anti-discrimination laws, Jews are a race. Promulgation of stereotypes about Jews is antisemitism based on negative perceptions about the Jewish identity, often without regard for ethnicity, ancestry or religious adherence. Finally, the State of Israel is associated with Jewishness, and vice versa. Thus, antisemitism can sometimes take the form of perceived national origin discrimination and harassment. 

While antisemitism does not neatly fit into a single legal checkbox, California law offers broad protections despite the nuanced concept of Jewish identity. Governor Gavin Newsom stated, “California already prohibits discrimination based on sex, race, color, religion, ancestry, national origin, disability, gender identity, sexual orientation and other characteristics, and state law specifies that these civil rights protections shall be liberally construed.” While his statement was made in the context of caste discrimination, it confirms that when ethnicity, ancestry, national origin and religion intersect, California law provides broad protections. 

California’s Legal Framework for Combating Antisemitic Discrimination

California has robust anti-discrimination laws in place to protect employees against workplace harassment and discrimination, including antisemitism. 

The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on various factors, including religion, race, ancestry, ethnicity and national origin. Under FEHA:

  • Employers with five or more employees must provide a workplace free from discrimination and harassment.
  • Discrimination claims can be filed with the Civil Rights Department (CCR).
  • Employees have the right to file a civil lawsuit in court against their employer as well as individual harassers in the workplace.

What Constitutes Antisemitism in the Workplace?

Antisemitism in the workplace can take various forms, and it’s crucial to recognize these behaviors and conduct. Some common examples of antisemitic discrimination include:

  1. Derogatory Comments and Harassment: Engaging in unwelcome comments, jokes or slurs related to the Jewish identity.
  2. Exclusion: Isolating Jewish employees, excluding them from work-related activities, or making them feel unwelcome.
  3. Religious Bias: Treating employees differently because of their Jewish beliefs and practices, such as scheduling conflicts on holidays or days of significance, e.g., Shabbat.
  4. Stereotyping: Spreading negative stereotypes about Jewish people.
  5. Hostile Work Environment: Creating an environment where Jewish employees feel threatened, unwelcome, or uncomfortable due to their identity.
  6. Retaliation: Punishing employees for reporting antisemitic behavior or discrimination.

Consult Expert Workplace Discrimination Lawyers About Antisemitism

Antisemitism in the workplace, harassment and discrimination, is unacceptable and illegal in California. Understanding your rights, recognizing the signs of antisemitism, and taking appropriate legal action can help combat discrimination and promote a fair and inclusive work environment.If you’re facing antisemitic workplace discrimination, don’t hesitate to seek legal guidance. An experienced attorney, such as those at Le Clerc & Le Clerc, LLP, can help you navigate the legal process, gather evidence, and represent your interests effectively. By taking action against workplace discrimination and harassment, you protect your rights and contribute to a more equitable workplace for all employees. Remember, you don’t have to face workplace harassment alone. Schedule your consultation at Le Clerc & Le Clerc, LLP, to learn more about how we can help.

Understanding Substantially Equal Work in California: Breaking Barriers Based on Gender Roles

Pay inequality based on gender is an issue that persists in many workplaces, including those in the diverse and progressive state of California. To address this problem, it’s essential to understand the concept of substantially equal work, how California laws protect equal compensation, and the steps you can take to address compensation discrimination. This article aims to shed light on these important topics and empower both women and men to confront unequal pay in the workplace.

Defining Substantially Equal Work

Substantially equal work refers to jobs that require similar skills, effort, and responsibility, and are performed under similar working conditions. In essence, it means that individuals performing these roles should receive the same compensation, regardless of gender. The principle of equal pay for equal work has been a cornerstone of the fight against workplace gender discrimination.

However, achieving substantially equal pay has proven to be a formidable challenge despite the existence of laws designed to prevent such discrimination.

California Laws Protecting Equal Work

In California, several laws are in place to address workplace gender discrimination, including unequal pay for relatively equal work. One of the most critical pieces of legislation is the California Equal Pay Act (EPA), which prohibits employers from paying employees less than those of other genders for substantially similar work.

To establish a violation of the Equal Pay Act, an employee must show that the employer pays employees of the opposite sex more for comparable responsibilities and that the wage difference cannot be justified by factors such as seniority, merit, education, or any other bona fide business necessity.

In addition, California’s Fair Pay Act, the 2015 expansion of the EPA, provides additional protections for workers. The new law made changes, including:

  • Removing the requirement that workers be compared must work at the same establishment, allowing better comparison across large businesses.
  • Strengthening the definition of a “bona fide” business reason to pay people differently; companies must now prove the differential is both job-related and consistent with a business necessity.
  • Preventing employers from using employees’ previous salaries as justification for wage differentials.
  • Providing anti-retaliation protections for workers who make EPA claims.

Finally, as of January 1, 2017, race and ethnicity are protected under California’s EPA. This makes filing a compensation inequality claim substantially easier in California than it is under federal law. 

Gender and Parent Bias in the Workplace

Despite these legal protections, pay inequality remains a significant issue. Gender bias and, more specifically, anti-parent bias, continue to influence compensation decisions. Mothers, in particular, often experience lower wages and face challenges in career advancement due to societal expectations related to childcare responsibilities compared to childless women and men. In contrast, fathers often receive higher wages and more career opportunities than childless men or women. 

Addressing gender and parent bias in the workplace is crucial to achieving substantially equal pay for all. This involves dismantling traditional gender roles and challenging discriminatory practices that perpetuate compensation disparities.

Examples of bias include: 

  • Withholding a bonus from a working mother when one was granted to a childless coworker on the grounds that the mother must be “less dedicated” to her job.
  • Conversely, offering a working father a larger bonus because he needs to “support his family” when other colleagues aren’t given the same bonus.
  • Denying working mothers the opportunity to work overtime because of their gender.
  • Offering women lower raises or fewer benefits on the assumption they’ll be leaving the workforce anyway. 

Any of these situations may be grounds for an EPA claim under California law. 

Steps to Address Substantially Equal Work Disputes

If you believe you are a victim of compensation discrimination, taking action is essential. Here are some steps to consider:

  • Gather Evidence: Collect evidence demonstrating you receive less pay than colleagues of other genders despite performing comparable work. This may include pay stubs, job descriptions, performance reviews, and any relevant communications.
  • Consult with an Attorney: Seek the guidance of an experienced workplace discrimination lawyer. An attorney can help you understand your rights, assess the strength of your case, and guide you through the legal process.
  • Negotiation and Mediation: Attempt to resolve the issue through negotiation or mediation. Many disputes can be resolved through open dialogue and cooperation between employees and employers. If your employer or HR is unaware of the discrepancy, simply filing a complaint and attending a meeting with your attorney may be all that’s necessary to resolve the situation. 
  • File a Complaint: If negotiations fail, you may consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Your attorney can assist with this process.
  • Consider a Lawsuit: If other avenues do not lead to a resolution, you may pursue a lawsuit against your employer for compensation discrimination. Your attorney will help you build a strong case and navigate the legal proceedings.

You Deserve Equal Pay

Achieving substantially equal pay for substantially equal work is an ongoing battle, but it is one that must be fought to break the barriers based on gender roles. California’s Equal Pay Act provides a legal framework to address unequal pay, but it’s essential to understand and exercise your rights.The persistence of compensation discrimination, particularly related to gender and anti-parent bias, demands our continued attention and action. Seeking the guidance of an experienced workplace discrimination lawyer can be a critical step in holding employers accountable for unequal pay and promoting a more equitable and inclusive workplace. Remember that your fight for equal pay is not just for yourself but for all those who deserve fair and just compensation for their work, regardless of gender. You can learn more about getting help for Equal Pay Act claims by scheduling a consultation with the experienced workplace discrimination attorneys at Le Clerc & Le Clerc LLP.

New Federal Legislation May Offer Pregnant Workers More Protection

Becoming pregnant is a life-changing experience. For many workers, it’s also a career-ending change. Despite multiple laws on the books intended to protect pregnant people from discrimination and allow them to continue working, pregnant people around the country struggle to receive the job accommodations they need.

That’s why the Pregnant Workers Fairness Act (PWFA) is being considered by Congress. It’s already been passed by the House with strong bipartisan support, and the Senate Health, Education, Labor, and Pensions Committee has approved it. Should the bill be signed into law, it could grant workers significantly more rights to pursue accommodations during pregnancy around the country. Here’s how the bill works, how it compares to extant state laws, and what it may mean for California workers like you. 

What You Need to Know About the Pregnant Workers Fairness Act

The PWFA would update the federal Pregnancy Discrimination Act of 1978 (PDA). The PDA made it illegal for employers to discriminate against workers because of pregnancies, childbirth, or related health conditions. It specifies that pregnant people have the right to receive equal treatment “not so affected but similar in their ability or inability to work.” 

The problem is that this leaves some holes when the law is interpreted narrowly. If an employer would not provide accommodation for a non-disabled person to perform a job because they need it, the PDA allows them to refuse pregnant people similarly. This is because an “ordinary” pregnancy, or a normal pregnancy without significant medical complications, is not considered a disability under the Americans with Disabilities Act (ADA). 

Therefore, under the PDA, companies may not discriminate against workers for undergoing labor or significant medical complications of their pregnancy. However, if those conditions impede their ability to work but do not fall under the ADA, companies can refuse accommodations just as they could a non-disabled person. As it stands, workers need to demonstrate that they are actively being discriminated against because of their gender or that their pregnancy meets ADA standards to receive accommodations for pregnancies. This forces many people out of the workforce with little justification. 

The PWFA would close this loophole. It would require companies to provide workers with the accommodations they need to continue working regardless of whether their pregnancy meets ADA standards. This would allow workers in many states to continue working by requiring companies to provide simple aids such as stools for retail workers or schedule changes to avoid morning sickness. 

How Does the PWFA Compare to State Laws?

Thirty states already have laws similar to the PWFA. These states require companies to provide accommodations to pregnant workers, but they differ in each state. Furthermore, twenty states do not have any law requiring these accommodations, forcing people to choose between a healthy pregnancy and keeping their jobs. 

California’s Fair Employment and Housing Act (FEHA) covers some of the same considerations as the PWFA. Under FEHA, a person is considered “disabled by pregnancy” if something they experience because of their pregnancy prevents them from performing essential duties or puts themselves or their unborn child at undue risk. Under FEHA, pregnant people are considered disabled and must be granted the same accommodations as disabled persons with similar restrictions. 

This means that in California, workers can already pursue reasonable accommodations at their jobs if they demonstrate that they would otherwise be at risk or unable to perform their duties. However, they may need to provide a doctor’s note explaining why they cannot perform their current responsibilities. Should the PWFA pass, it may remove this requirement, allowing workers to request reasonable accommodations and work with their employers to find solutions without needing to attend an additional appointment. 

Pursuing Fair Treatment as a Pregnant Worker in California

Until the PWFA passes, California workers must rely on the state’s existing pregnancy protections. These laws are generally strong, though the requirement for a doctor’s note may still be an imposition on some employees. If you’re a pregnant worker in California, you have the right to leave and accommodations throughout your pregnancy, childbirth, and after your child is born. If you aren’t granted these, you may be suffering from discrimination. 

Examples of discrimination against pregnant workers under FEHA include:

  • Refusing to allow schedule or shift changes to help the worker continue to do their best work
  • Failing to provide seating for pregnant workers when possible
  • Requiring pregnant workers to continue doing significant physical labor instead of granting light duty
  • Ordering workers to take paid or unpaid time off instead of providing accommodations for their pregnancy

Your rights may have been violated if any of these issues sound familiar. You can start the process of fighting back by taking the following steps:

  • Document your request and condition: You need to inform your employer that you would like an accommodation before they must grant it. Keep records of any messages you’ve sent to Human Resources or your supervisor regarding your request to show you’ve made an effort.
  • Save communications: Keep copies of anything your employer sends you regarding your requested accommodations and employment status. This can help you prove your request was unfairly denied or that you were discriminated against because of your pregnancy. 

Most importantly, you should reach out to an experienced employment law attorney if you’ve suffered pregnancy discrimination in the workplace. 

Legal Assistance for People Facing Pregnancy-Based Discrimination in the Workplace

As an expectant parent, you have enough to worry about. Don’t let workplace discrimination become another problem. If your employer is refusing to grant you accommodations for your pregnancy or has fired, demoted, or cut your hours because of your pregnancy, you need legal help.At Le Clerc & Le Clerc LLP, we’re ready to help. We have years of experience advocating for clients who have suffered pregnancy discrimination in the workplace, and we understand how to help you resolve your claim. Schedule your consultation today to learn how we can help you take a stand against discriminatory practices and remain in the workforce today.

EEOC Releases New Guidance on Federal Anti-Discrimination Laws for All Workers

The Equal Employment Opportunity Commission (EEOC) has released a new poster that must be displayed prominently by all covered employers. The new poster, titled “Know Your Rights: Workplace Discrimination is Illegal,” replaces the previous “EEO is the Law” version and provides updated guidelines for employees to understand their rights in the workplace. 

The updated poster demonstrates a shift in the EEOC’s attitude toward workers’ right to be informed. Learn why EEOC posters matter, how the new guidelines may affect you, and how to take action if your rights are violated at work. 

Why EEOC Posters Matter

The EEOC is responsible for ensuring that employers and employees alike understand their rights and responsibilities in the workplace. One way the EEOC has accomplished this is by mandating that covered employers clearly post government-approved notices regarding workers’ rights on work sites. The EEOC develops posters that cover these rights to ensure that all relevant employers display the same information and do not leave out critical details. 

Covered employers generally include organizations with 15 or more employees. These companies must ensure the posters are displayed in a prominent location that is easily accessible to people with disabilities at each work site. They are also encouraged to post them on their online workers’ portal. This is intended to ensure that every worker has the opportunity to read and understand their rights, particularly in large organizations that may have more resources to oppose disputes with employees. 

The Impact of the New EEOC Guidelines

The updated “Know Your Rights” poster significantly improved from the previous version. The current version includes the same information as the “EEO is the Law” poster but changes the format and adds additional resources for workers. Information carried over from the previous poster includes an explanation of workplace discrimination law regarding:

  • Race
  • Sex
  • Age
  • Disability
  • Genetic information
  • Equal pay
  • Retaliation for filing charges or otherwise opposing discrimination

This information is rewritten and restructured in the “Know Your Rights” poster. While the “EEO is the Law” poster covered all of these subjects, it did so in dense text without an easy-to-follow structure. The new version has been written with straightforward language and formatted to include bullet points, making it easier to read at a glance. 

In addition, the new poster clarifies that:

  • Discriminatory actions because of pregnancy, sexual orientation, and gender identity is a form of sex discrimination
  • Harassment is also considered discrimination
  • Contractors are also due equal pay, though under different guidelines than traditional employees

Finally, the poster adds a QR code that allows workers to access a webpage explaining how to file a discrimination charge against their employer. It is available in English and Spanish, with new translations available in the future. 

Employers must acquire the “Know Your Rights” poster and use it to replace the previous version as soon as possible. If the new poster is not hung in a reasonable timeframe, covered employers may be subject to fines based on how long they have delayed. 

Determining If Your Rights Are Being Violated

The EEOC poster is a valuable resource for anyone concerned about workplace discrimination. The poster should be easy to find and read if you work for a covered employer. If not, your employer may be violating your rights. To determine if your employer is failing to meet EEOC standards, ask yourself the following questions:

  • Is your employer covered? If the company has 15 or more workers, the answer is almost certainly yes. Smaller organizations may also be covered if they meet specific standards, such as being a public or government institution.
  • Is there a poster anywhere on the property? Covered employers must physically post the notice on the property. It may not only be provided by email or through a website. 
  • Is the poster easy to access? The notice must be posted prominently, typically in a break room, next to a timecard machine, or in other locations where employees spend their time. This means it can’t be in an area inaccessible to certain workers, such as an executive lounge.
  • Is the poster accessible to people with disabilities? The notice must be accessible to disabled people, so it cannot be posted somewhere a person in a wheelchair or with other restrictions would be unable to see.

If your employer has not met these criteria, they violate EEOC regulations. 

What to Do If You Are Suffering Discrimination

EEOC regulations are among the most basic requirements covered employers must meet. If your workplace has not posted the new freely available EEOC notice, it may be a sign that your rights are being violated in other ways. You should consider whether you suffer from discrimination, such as unequal pay, harassment, lack of disability accommodations, or other problems. 

If so, you can take action:

  • Document the discrimination: Collect evidence that you suffer from unfair workplace treatment because you are part of a protected class. This can include writing down instances of harassment or saving communications that show you are being treated poorly. 
  • Consider notifying your workplace: If the discrimination is primarily performed by one person, you may be able to notify Human Resources and request that they take action against the person abusing you. 
  • Talk to an experienced employment law attorney: If you feel uncomfortable discussing the matter within your company, or if your employer does not respond to your complaints, you should consult with a qualified lawyer and discuss filing an EEOC complaint or a civil lawsuit.

Legal Assistance for Workplace Discrimination

The new EEOC poster clearly demonstrates that the EEOC is putting workers’ needs first. By making the information easier to read and clarifying essential details, the Commission has taken an important step to ensure all employees actually understand their rights. At Le Clerc & Le Clerc LLP, we have years of experience advocating for workers in California. We understand how to protect your rights in the workplace, whether through negotiation or litigation. Schedule your consultation today to learn how we can assist you.

Understanding LGBTQ Protections in California Workplaces

As a country, the US has made huge strides in civil rights protections over the past several decades. However, there is still a long way to go. California has long been a leader among the states in expanding legal protections and enshrining new civil rights into law. This is just as true for LGBTQ protections today as it was for gender equality forty years ago. 

One way California has set a positive example for the nation is by providing clear and specific protections for LGBTQ people in the workplace. If you are a member of the queer community, you’re protected under state law from discriminatory employment action. Keep reading to learn how California protects you, examples of illegal discrimination you may have suffered, and what you can do if you’ve been discriminated against for your sexuality or gender presentation.

The Difference Between Federal and California Discrimination Laws

Federal laws on civil rights are often slow to change. In many cases, the exact interpretation of critical laws like the Civil Rights Act of 1964 is left to the courts to decide instead of having Congress pass new laws. In contrast, California legislators have a longstanding tendency to enshrine rights into laws rather than waiting for lawsuits to reach the state Supreme Court and set precedents. 

This means that despite attitudes toward LGBTQ people changing nationwide, there remains a significant gulf between the federal government’s and California’s protections. Under the original Civil Rights Act, protected classes include: 

  • Race
  • Color
  • National origin
  • Religion
  • Sex

This has been expanded to cover other groups, including:

  • Disability (under the Americans with Disabilities Act of 1990)
  • Pregnancy (under the Pregnancy Discrimination Act of 1978)
  • Age over 40 (under the Age Discrimination in Employment Act of 1967)

In the text of these federal laws, there is no mention of LGBTQ matters. Supreme Court rulings have determined that taking adverse employment actions against LGBTQ people violates the Civil Rights Act’s protections based on sex. However, the Court has recently demonstrated that it is willing to reverse its past decisions when it repealed Roe v. Wade, so this is no longer the protection it used to be. Finally, these laws only apply to employers with fifteen or more workers. 

In contrast, California specifically names LGBTQ groups in its Fair Employment and Housing Act. It designates all the classes above but adds:

  • Sexual orientation
  • Gender
  • Gender identity
  • Gender expression

In addition, these protections apply to all employers with five or more employees. As a result, protections for these groups in California are significantly more robust, making it easier for queer people to find employment and keep it. 

Examples of Illegal LGBTQ Employment Discrimination in California

Despite these strong protections, many California residents don’t realize the extent of their legal rights. If you are a member of the LGBTQ community, you may have experienced illegal discrimination without realizing it. Common examples of discrimination that are illegal in California include:

  • Asking about gender or sexual orientation in interviews: Interviewers cannot ask you about your orientation or gender in interviews. If they include it on an application, you do not have to answer, and they may not make hiring decisions based on your response or lack thereof.
  • Asking about marital status in interviews: Marital status is also protected, regardless of the gender of your spouse. Asking about whether you’re married can be another way to identify your sexual orientation and is not permitted.
  • Requiring gendered dress codes: If employers require dress codes, they cannot be based on gender identity or expression. They may provide different types of permissible clothing or uniforms but may not restrict some people from wearing items like skirts or pants.
  • Purposeful deadnaming or misgendering: If you have transitioned, purposefully using your deadname or the incorrect pronouns may be considered discriminatory harassment.
  • Excluding gender-affirming care in insurance: If a California employer provides insurance for their employees, that insurance must cover gender-affirming care such as hormone replacement therapy and gender reassignment surgery.
  • Firing, cutting hours, or refusing to promote based on gender expression: Employers can’t take adverse actions against workers for failing to conform to traditional gender expression. 

The Impact of California’s Strong Discrimination Laws

California’s LGBTQ workplace discrimination laws have an outsized impact on some of the most vulnerable workers in the state. By providing these protections, the state gives LGBTQ workers the resources to stand up to employers who mistreat them. If any of the situations above sound familiar, you may have grounds to file a discrimination lawsuit against your employer to pursue compensation for the losses you’ve suffered. 

If you suspect you’ve been discriminated against because of your gender identity, presentation, or sexual orientation, you can get help. Here’s what you can do to fight for your rights to fair employment:

  • Document your treatment: Save communication with your employer that demonstrates how you have been discriminated against, and write down or record instances of harassment.
  • File a complaint: If you feel safe enough to do so, file a complaint with your manager or the company’s Human Resources department to demonstrate that you’re acting in good faith.
  • Get legal help: If your complaint does not resolve the harassment or discrimination you face, consult an experienced employment law attorney to decide your next steps.

Expert Legal Counsel for Victims of LGBTQ Workplace Discrimination

California has put many protections in place for LGBTQ people, but they don’t prevent discrimination in the workplace. Instead, they offer workers the chance to fight back when they are discriminated against. If you have lost opportunities or experienced a hostile workplace because of your gender or orientation, you deserve expert legal assistance from the team at Le Clerc & Le Clerc LLP. 

Our knowledgeable attorneys have years of experience fighting for LGBTQ protections in California. We are available to assist you with pursuing fair employment regardless of why you are being harassed. Schedule your consultation today to learn more about how we can help you. 

Updates to California’s Employee Protection Laws for 2023

A new year is an excellent time for new beginnings, according to California legislators. The state government instituted multiple laws over the past year to protect workers from predatory companies or provide them with more rights. Most of these laws are scheduled to go into effect on January 1st, 2023. 

That means that California workers should expect significant changes in their workplace rights in the new year. However, employers are often slow to respond when employment laws change. You need to know what laws are changing in 2023, so you can hold your employer accountable if adjustments are not made. Below are some of the most essential new employee protection laws for 2023 and what they mean for you.

Improvements to the California Family Rights Act (CFRA)

CFRA is California’s answer to the federal Family and Medical Leave Act (FMLA). Under CFRA, California workers have the right to take up to twelve weeks of unpaid time off of work every twelve months to care for designated family members. However, the extant law restricts this to immediate family members such as spouses, grandparents, children, and siblings. 

Next year, that changes. Assembly Bill (A.B.) 1041 updates CFRA and the Healthy Workplaces Healthy Families Act (HWHFA) to expand who workers may take time off work to care for. Instead of limiting worker leave to immediate family members, A.B. 1041 allows workers to designate a specific person for each leave request. This can be anyone, without the need for a particular relationship. As a result, workers can now care for all their loved ones, including fiancés, aunts and uncles, or dear friends, without risking unemployment.

Increase in Privacy Rights

Multiple laws updating employee privacy rights will go into effect on New Year’s Day. For instance, A.B. 984 requires employers to disclose the use of GPS tracking technology on company vehicles. In addition, it gives employees the right to turn off these devices when using company vehicles while not on the clock. Previously, companies could add tracking technology to fleet cars and trucks without letting workers know, allowing them to monitor exact locations and speed whether they were on or off the clock. 

Meanwhile, the California Privacy Rights Act of 2020 will also go into effect. It significantly increases the care employers must take to protect and secure private worker information. Workers will have the right to know what information has been collected, how it is being used, and even request that it be deleted entirely.

Extension of COVID-19 Workers’ Comp Benefits

California instituted a rebuttable presumption that workers who come down with COVID-19 caught it on the job, allowing them to pursue workers’ compensation for their illness. This was initially supposed to expire at the end of 2022. However, A.B. 1751 will extend this presumption until January 1st, 2024. As a result, workers who catch COVID-19 will have the opportunity to receive workers’ compensation benefits to help cover their lost income while they are recovering from the illness.

Broadening of Health Benefits

California has some of the country’s most inclusive laws regarding employer health insurance coverage. These laws will expand further in 2023. First, A.B. 2134 will require religious employers and insurers who do not provide coverage for contraception and abortion to provide clear and understandable materials to workers explaining how to access these services for free through the California Reproductive Health Equity Program.

In addition, Senate Bill (S.B.) 523 will amend the Fair Employment and Housing Act (FEHA) to bar employers from discriminating against workers for reproductive decisions such as taking contraception or receiving an abortion. It will also expand the required health plan coverage of contraceptives. Combined, S.B. 523 and A.B. 2134 will significantly improve reproductive healthcare benefits and protections for all workers in the state.

Expansion of Hate Crime Definitions

All workers deserve the right to workplaces that are safe and not hostile. Unfortunately, it can sometimes be difficult for employees to prove that they are suffering harassment or discrimination in the workplace. That is one of the reasons that A.B. 2282 was passed to expand the definition of hate crimes in places of employment. 

Under the law, workplace hate crimes will include not only verbal threats and physical harassment but also the display of hate imagery. Examples of hateful imagery specifically named in the bill include:

  • Nooses
  • Burning crosses or other religious symbols
  • Nazi swastikas

The bill also states that hateful imagery includes more than these symbols.

By expanding the definition of hate crimes, California is giving workers stronger grounds to file harassment and discrimination claims against employers who do not take action to halt the display of this disturbing imagery. 

Additions to Non-Retaliation Laws

No one should have to choose between keeping their job and driving to or from work during emergency conditions. Under S.B. 1044, most employers will no longer be allowed to retaliate against employees who refuse to come to or leave work during emergency conditions. Employers also will not be permitted to prevent employees from accessing their mobile devices during emergencies. 

The law defines these as “conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act” or “an order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to natural disaster or a criminal act.” By providing these protections, S.B. 1044 allows workers to retain their jobs without risking their physical safety.

Get Expert Legal Help Standing Up for Your Rights

The laws listed above are just some of the updates to California employment laws coming in 2023. If your employer doesn’t take steps to comply with these new regulations, they will be violating your rights. At Le Clerc & Le Clerc LLP, we are dedicated to protecting your employee rights no matter how state law may change. Schedule your consultation to learn how we can advocate for you under new employee protection laws for 2023.

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