According to the California Fair Employment and Housing Act (“FEHA”), it is illegal to discriminate against “any person” due to a protected characteristic. So, if you have experienced discrimination, please contact a qualified discrimination attorney. In practice, however, the protections afforded by this section of the law are limited to the workplace. As a result, only selected groups of workers are eligible for California’s legal protections. These individuals are-
Employees
To be shielded against discrimination under California law, a person must, for the most part, be an employee. ? An employee is both an individual who works under the control and direction of the employer and a person who has agreed to be hired by the employer. The employer’s accord to hire the personnel does not have to be in writing (although that often helps). It can be stated orally or inferred by the actions of the employer and employee. ? Even if the employer has not consented to hire the individual, they may be considered an “employee” if they work under an appointment or as an apprentice.
Job Applicants
The state of California expressly broadens anti-discrimination safeguards to job applicants. In particular, California makes it illegal for an employer to choose not to hire or select a person for training that could lead to employment because of a protected characteristic (like their gender, color of the skin, or sexual orientation). ? An applicant is a person who submits a written application to a potential employer. If the employer does not offer a written application form, a person is considered an applicant if they convey a specific desire to be deemed for employment to the employer.
Independent Contractors (Harassment Only)
An independent contractor is an individual who provides a particular service for a specific price under California law. ? The individual or company paying the independent contractor can direct the outcome they desire, but generally has no authority over how the independent contractor accomplishes the outcome. ? Independent contractors are not employees because they do not work directly under the employer’s control and supervision. As a result, they are not shielded from workplace discrimination. However, they are protected from harassment under the FEHA.
Immediate Family Members
Individuals employed by their spouse, parents, or child are not guarded by anti-discrimination laws in California. Harassment of spouses as well as family members, on the other hand, may be considered criminal domestic violence.
Temporary Employees (Temps)
Temporary employees (also known as temps) are generally protected by anti-discrimination as well as anti-harassment laws in California. If the temp was employed by an agency and assigned to work for a company, the temp will occasionally be an employee of both the agency and the company. That is, they can hold both the recruitment company and the business liable for unlawful discrimination. To be deemed an employee, a temp does not have to be directly compensated by a temp agency or a business. Instead, courts consider how much control the temp agency or business has over the worker.
Unpaid Interns
In exchange for university or school credit or work experience, unpaid interns work for an employer. Since the employer has not come to an agreement to hire them, unpaid interns are typically not regarded as employees. Nonetheless, California law protects unpaid interns from discrimination and harassment to a similar extent as employees as of 2015. Unpaid interns are among the few positions in which a worker has the right to be protected from discrimination even though they are not employees.
Volunteers
A volunteer is someone who performs labor for free and with no expectation of payment. Since volunteers are not employees, they are not protected from discrimination under California’s anti-discrimination laws. Volunteers, on the other hand, are protected from harassment.
Certain Nonprofit Employees
Employees of a rehabilitation facility or non-profit sheltered workshop are not always considered “employees” under California anti-discrimination laws. The employee must be hired under a special license issued by the Division of Labor Standards Enforcement to qualify for this exemption. These locations are specifically designated for the disabled. Regardless of this exemption, the employee may be able to sue the employer if the employer participates in discriminatory or harassing behavior that is not required to accommodate employees with disabilities.
Conclusion-
If you fall under these categories only then can you file a case against the employer for discrimination.
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