Some people deal with bullying all their lives. Sometimes, it may even follow them into the workplace. In some instances, workplace bullying can be a form of discrimination. It can also take a toll on the victim in a few different ways.
In 2016, the California legislature passed the Fair Day’s Pay Act, a law that was intended to assist employees in collecting judgments against judgment proof employers for wage and hour violations. Specifically, Section 558.1 of the Act provides that individuals working on behalf of the employer, such as managers, are personally liable for wage and hour violations.
The Equal Pay Act and Title VII of the Civil Rights Act seek to protect workers in California from discrimination. Although the acts obligate employers to treat people fairly regardless of their gender, race, religion or national origin, reality often falls short of the law, and mistreated employees must pursue legal complaints against their employers. The rights granted by these acts sometimes overlap, and a victim of discrimination might choose to file complaints based on one or both acts.
In a competitive job market, factors such as skills, experience and attitude should determine eligibility for a job. However, even those who meet the requirements and come in for an interview can receive unfair judgment. Discrimination can and does happen even before an employer hires you. During the interview, certain questions are off the table to ensure a fair assessment. Yet, these questions often still come up, so it is important you recognize them.
The Family Medical Leave Act requires certain employers in California to accommodate requests for time off when workers have bad health problems, need to care for ailing family members, give birth or adopt a child. Employees who use leave for legitimate reasons have a right to return to their jobs and not be subject to discipline or poor job reviews because they took time off.
Historically, women make less than men when doing the same work. This has been true across the board in a number of industries. It is a type of workplace discrimination, and luckily, California has taken steps to ensure women make the same amount of money, including when it comes to less traditional jobs.