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Prohibited Employment Practices
The Fair Employment and Housing Act specifies:
* Prohibits discrimination in all aspects of employment including hiring, termination and terms and conditions.
* Prohibits harassment of employees or applicants and requires
employers to take all reasonable steps to prevent harassment from
occurring.
* Requires that all employers provide information to each of
their employees describing the forms of sexual harassment, its
illegality, the internal and external complaint processes and legal
remedies.
* Requires employers to reasonably accommodate employees or job
applicants with disabilities in order to enable them to perform the
essential functions of the job.
* Requires employers to provide leaves of up to four months to employees disabled because of pregnancy or childbirth.
* Requires an employer to provide reasonable accommodations
requested by an employee, with the advice of her health care provider,
related to her pregnancy, childbirth, or related medical conditions.
* Requires employers of 50 or more persons in a 75 mile radius to
allow eligible employees to take up to 12 weeks leave in a 12-month
period for the birth of a child, the placement of a child for adoption
or foster care, for an employee's own serious health condition, or to
care for a parent, spouse, or child with a serious health condition.
(Employers are required to post a notice informing employees of their
family and medical leave rights.)
* Requires employment agencies to serve all applicants equally;
to refuse discriminatory job orders; to refrain from prohibited
pre-employment inquiries or advertising.
* Prohibits discrimination by unions in membership or employment referrals.
* Prohibits retaliation against any person who has filed a
complaint with the Department, participated in a Department
investigation or opposed any activity prohibited by the Act.
The law provides for a variety of remedies, which may include:
* Hiring
* Back Pay
* Promotion
* Reinstatement
* Cease and Desist Orders
* Damages for Emotional Distress
* Reasonable Attorneys Fees and Costs
* Expert Witness Fees
* Administrative Fines and Court Ordered Punitive Damages
Persons who believe they have experienced employment discrimination
may file a DFEH complaint. Complaints must be filed within one year
from the date of the alleged discrimination.
Persons wishing to file a lawsuit directly in court must obtain a "right-to-sue" from DFEH.
For information on this process, call The Law Office of Steven Kesten: 415-457-2668.
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