Everyone has a right to be free from illegal discrimination in their employment. In California, employers may not discriminate against any employee or person applying for a job because of these reasons:
An employer cannot fire an employee for any of the above reasons. Employers can fire employees for many other “legal” reasons or no reason at all, however. Most non-union jobs in California are “at will” meaning most employees can leave their jobs and look for a new ones when they want, and most employers can fire employees when they want, as long as they do not use an illegal reason like those above.
If you believe you are being treated worse than other employees, fired, laid off or not hired for one or more of the above reasons, or if you have been retaliated against for discussing these issues with your employer, you may have a claim for illegal employment discrimination. There are two government agencies in California that investigate these claims and can assist complainants when there is sufficient evidence of illegal discrimination: the U.S. Equal Employment Opportunities Commission and the California Department of Fair Employment and Housing. People with discrimination claims must first file a claim with one of these two agencies within the legal time limit before being allowed to go to court. AWHP advocates sometimes represent agricultural employees in claims before these agencies and in court. We have successfully represented many farm workers with discrimination claims based on sex (including sexual harassment), disability, age, pregnancy, sexual orientation, and other reasons. We also work with a network of private attorneys and other agencies on these issues and when appropriate, refer workers to other law offices for help. Please see our website link on sexual harassment for more information about this topic.
AWHP advocates conduct outreach and community education to farm workers to inform them of their rights and responsibilities. AWHP advocates work in collaboration with governmental and non-governmental organizations to fight discrimination.
If you believe you have been unlawfully discriminated against by your employer and you would like more information, please contact a CRLA or CRLAF office. |
