Article Written By: georgefuller
Learning the basics concerning employment discrimination is a must for all Santa Monica-based employees in order to rightfully protect their rights. Discrimination in the workplace may come in various forms and one of which is gender bias. According to data from Equal Employment Opportunity Commission (EEOC), in 2010 alone, the agency received 29,029 sex and gender discrimination complaints. Just like any other state in the country, California is unfortunately one of the melting pots for gender discrimination.Gender discrimination is a generic term that is used in the employment sector; however, in the legal sense, it may come into two types: direct and indirect discrimination.Direct discrimination involves treatment of an employee or applicant based on his or her sexual orientation and preference.Under California Fair Employment and Housing Act and Gender Nondiscrimination Act (AB 887), Santa Monica employers are prohibited to discriminate against workers or applicants because of their gender identity and gender expression. Furthermore, it is illegal for employers to:• Decide not to hire an applicant because of his or her gender• Terminate an employee due to gender discrimination• Refuse to provide training to an employee because of his or her gender• Provide negative terms and conditions to an employee due to his or her sexual orientationIndirect form of gender discrimination concerns employers who create criteria, policies, guidelines, rules, terms and conditions that are disadvantageous to a particular gender. Pursuant to FEHA, this wrongful employment practice is illegal because it may discriminate an employee or a group of workers.Southern California employees who have experienced this may consult with an attorney. Generally, legal assistance is needed when filing an employment discrimination claim in order to successfully demand for settlement.According to EEOC, remedies for discriminatory act by a California employer include:Compensatory damages – the employer is required to provide payments to the victim for out-of-pocket expenses brought about by the discriminatory practice. Compensations may include payments for emotional harm the employee has suffered.Punitive damages – settlement pay may be required to an employer who violated anti-discrimination laws.Santa Monica employers should willfully respect the rights of employees in order to achieve a dynamic and progressive work environment. Additionally, workers may always seek assistance from a Santa Monica discrimination attorney to learn more about their rights under the law.
This Article Has Been Published on Thu, 10 Nov 2011 and Read 62 Times