If an employer treats an employee unfairly based upon that employee’s status as a member of a protected class, a cause of action for employment discrimination may be brought by an Irvine discrimination attorney.
Unfair treatment by an employer cannot be due to an employee’s:
- National origin
- Sexual orientation
An employer cannot unfairly treat an employee who is among a protected class by:
- Refusing to hire
- Refusing to promote
- Compensating less
- Giving undesirable work assignments
In addition to these and other substantial adverse employment actions taken by employers, an Irvine discrimination attorney cites harassment and retaliation as additional employment discrimination issues.
Justifications for Discrimination
Not each employer action related to a protected class is discrimination. For instance, an employer may not base a hiring decision on an applicant’s race, but may permissibly ask that same question as a means to track affirmative action. Additionally, under limited circumstances, an employer may be able to hire an individual based on characteristics that may on their face seem discriminatory.
Bona Fide Occupational Qualification
This is a narrow exception to the general rule and is only applicable for certain occupations. It is necessary to prove that substantially all of the excluded individuals would be incapable of performing the job and that the job is essential to the main business purpose. Industries such as religious organizations, modeling, and entertainment are more likely to qualify for this exception than others.
Contact an Orange County Discrimination Attorney
If you have been the victim of employment discrimination, you need to understand your rights and options. Call Altus Law Firm at 949-346-3391.