For you to be protected by the discrimination laws, your employer must be subject to the law.
- Unlawful employment practices are prohibited when they are conducted by:
- - employers that have a minimum of 15 employees on their payroll. The 15 employees does not include independent contractors or partners. In California, the employer need only regularly employ 5 or more employees.
- - employment agencies that affect employment opportunities.
- - labor organizations, meaning organizations in which employees participate and which deals with employers grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment.
- - joint labor-management committees controlling job training programs.
- Certain types of discrimination are actually allowed, like discrimination:
- - by religious organizations when they restrict employment to members of their own faith, or in California non-profit religious organizations can discriminate based on any characteristic,
- - against members of the Communist Party or Communist-front organizations,
- - against volunteers,
- - in favor of American Indians if the business is on or near an Indian reservation.
To determine whether you are protected against discrimination from your employer, there are three other things to consider:
1. Whether you are considered an employee who is covered under the law.
2. Whether your employer is subject to the anti-discrimination laws.
3. Whether your employer's conduct is considered discriminatory under the law.
4. What reason your employer discriminates against you.
If you feel you may be unlawfully discriminated against, contact us so we may review your situation with you.