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Prohibited policies and practices in employment law

| Jun 24, 2020 | employment law |

Good management is an invaluable asset to all companies because it can avoid litigation and improve employee morale. This is why it is critical that employees and good managers understand prohibited employment policies and practices. Federally prohibited employment policies and practices apply to all aspects of California employment.

Specifically, it is illegal to discriminate against an applicant in the process of seeking employment or an employee performing their job responsibilities. Illegal discrimination includes discrimination based on that applicant’s or employee’s sex, color, race, religion, national origin, disability or genetic information, or age.

Sex discrimination includes discriminated based on an applicant’s or employee’s gender identity, sexual orientation, and pregnancy. Age discrimination referees to those aged 40 and older, and national origin can include any nation.

It is also illegal discrimination to retaliate against an applicant or employee because they have exercised their protected rights. This includes retaliation based on them filing a discrimination complaint or charge, complaining about discrimination, or participating in an investigation or lawsuit based on alleged discrimination.

Even neutral employment policies and practices can be illegal. If the policies and practices disproportionately effect a particular sex, color, race, religion, national origin, disability or genetic information, or age group, they are illegal.

One’s job is an indispensable part of their identity. This is why the first question we ask people after their name is, “what do you do?” Unfortunately, all too often, bad managers can negatively affect that identity through illegal discrimination. This not only affects the employee though, it also affects the company as they will often face litigation and lower moral, along with the loss one or more employees.