Sex discrimination and harassment are prohibited in the California workplace under the Fair Employment and Housing Act (FEHA). Discrimination based upon “sex” under the law includes instances where an employee is treated unfavorably in contrast to an employee of the opposite sex under the same circumstances. Additionally, the FEHA outlaws discrimination based upon pregnancy as the definition of “sex” includes, pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy.
One of the most common forms of workplace harassment in California takes the form of sexual harassment. Like any other form of harassment, it is prohibited in the workplace pursuant to the California Fair Employment and Housing Act (FEHA). Sexual harassment is defined as any unwanted sexual advances and offensive behavior that are sexual in nature. While sexual harassment is usually reported by female victims, male victims often fail to report sexual harassment because of fears of embarrassment and/or that their claims will not be believed.
California is known as an “at will” employment state, which means that an employer can terminate an employee with or without any reason at any time. However, the decision to terminate an employee from his or her employment must be based upon legal grounds. For instance, if an employee fails to meet the expectations of the employer in terms of work performance, then the employer may have legal reasons for the termination.
The Law Offices of Jual F. Reyes is capable of communicating in both English and Spanish.