Under the federal laws, it is unlawful
for employers who employ at least 15 employees to discriminate
against an employee or job applicant on the basis of the individual's
race, color, religion, sex, pregnancy, national origin, citizenship,
age and disability. Employers covered by the federal
laws must also provide a workplace free of any harassment
based upon any of these characteristics.
California has laws similar to
the federal laws which apply to a broader group of employers.
Under California law, it is unlawful for all employers to
discriminate against an employee or job applicant on the
basis of the individual's race, religion, color, pregnancy,
national origin or sex. In addition, under California
law, it is unlawful for employers who employ five or more
employees to discriminate on the basis of an individual's
ancestry, disability, medical condition, marital status
and sexual orientation. California employers must provide
a workplace free of any harassment based upon any of these
characteristics.
The most common type of unlawful workplace harassment is sexual
harassment, which includes, but is not limited to, unwelcome sexual
advances or requests for sexual favors where either: (1) submission to
or rejection of such conduct is a condition of employment or the basis
for employment decisions; or (2) such conduct creates a hostile work
environment.
In light of these laws, it is important that all employers adopt
strict written policies that place employees on notice that any form
of harassment based upon these characteristics will not be tolerated,
and that employees who fail to comply with the policies will be
subject to discipline, up to and including termination. These
policies should also describe the steps an employee should take if
they witness, or believe they have been subjected to, unlawful
discrimination or harassment, and should identify the person to whom a
report of unlawful discrimination or harassment should be made. A
copy of the discrimination and harassment policies should be included
in an employee handbook.
To underscore these discrimination
and harassment policies, all employees should receive formal
training about the discrimination and harassment policies
so that they will have a clear understanding of what conduct
is prohibited and what to do if they are subjected to, or
witness, unlawful harassment or discrimination. If
the workforce is comprised of individuals who do not speak
or read English, employers should provide a copy of the
discrimination and harassment policies and training to employees
in languages they understand.
firm information
practices and policies