Who Is Covered Under Title VII Of The Civil Rights Act?
Title VII of the Civil Rights Act of 1964 applies to employers in both private and public sectors that have at least 15 or more employees. It also applies to the federal government, employment agencies, and labor organizations. Title VII prohibits employers from discriminating against or harassing employees or applicants for employment on the basis of a protected class, such as race, color, religion, national origin, or sex. Title VII is designed to ensure that the employment decisions are made based on objective job-related criteria versus some illegitimate criteria.
What Are Some Examples Of Employment Decisions That Violate Title VII Involving Applicants Or Employees In California?
There are a few areas where violations typically arise, including scenarios like recruiting, hiring, promoting, disciplining, and providing benefits. Violations can occur in one of two ways. The first type would be when there is a policy of disparate treatment. Disparate treatment involves some sort of intentional discrimination by an employer. For example, saying that women are not allowed in a certain job or that members of a certain race won’t be hired or will get paid a different amount—that would be intentional discrimination.
The second type of violation involves disparate impact, meaning there’s a seemingly neutral policy that ends up affecting one particular class more than others. The policy effectively discriminates by saying something like, “We’re only going to hire people who are members of a certain club,” when members of that club are all members of a certain race or gender. Therefore, it’s not intentional discrimination, but it still excludes an entire class of people by virtue of its impact.
Who Does California’s Fair Employment And Housing Act Apply To?
The Fair Employment and Housing Act (FEHA) applies to public and private employers, labor organizations, and employment agencies—basically, most anybody who employs someone in California. FEHA covers a variety of scenarios such as making it illegal for employers with five or more employees to discriminate against a job applicant or an employee because of any protected category such as race, gender, religion, or ethnicity. Employers are also prevented from retaliating against an employee who has asserted some right under the law. Additionally, FEHA prohibits harassment based on any of these protected categories and prohibits harassment (including sexual harassment) in any workplace.
Who Is Covered By The Employment Part Of The Fair Employment And Housing Act?
The employment aspect of FEHA covers public and private employers, labor organizations, training programs, and employment agencies. An employer can be one or more individuals, a partnership, a corporation, or anybody who is hiring someone else who can qualify as an employee. FEHA applies to California workers regardless of their citizenship or immigration status. An employer under FEHA does not, however, include a federal government agency or certain non-profit religious associations or corporations.
Do I Need A California Employment Law Attorney To Help Me If My Rights Have Been Violated Under The Fair Employment And Housing Act?
While you can file a claim on your own, you are much more likely to get better results with the help of an attorney due to the complexities in the law. Furthermore, it would be difficult for an employee to stand up to the defendant (their employer) and their lawyers if the employee is not represented. For those reasons, having a lawyer is recommended.
For more information on Employment Law in California, a 30 minute case evaluation is your next best step. Get the information and legal answers you are seeking by calling (213) 257-8999 today.
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