![]() ![]() They may not request more or different documents than are required by the federal government. 172 Nor may they refuse to honor immigration-related documents that reasonably appear to be genuine. 173Īnd, if the employee is present in the United States legally, and the employer nevertheless discriminates against them on the basis of their status as an immigrant, the employer may have engaged in national origin discrimination. The employer’s ability to investigate their employees’ legal status is limited, however. In fact, employers are prohibited by law from hiring or continuing to employ undocumented immigrants. 171 So, to some extent, employers are required to consider an employee’s immigration status. It merely means that non-citizens are protected against discrimination to the same extent as United States citizens. 170 To be eligible for these types of accommodations, the employee would need to be legally “disabled” by their pregnancy, meaning the employee would need to show her pregnancy has limited a major life activity. 133Īll persons, regardless of their immigration status, are protected by California’s employment laws. 169 That does not mean, however, that immigration-based discrimination is unlawful. Reasonable accommodations can be important for female employees because an employer will sometimes be required to grant extended family leave. 132 Additionally, a reasonable accommodation may be necessary to modify the employee’s work conditions and permit the employee to work in comfort. If pregnant women are disabled by their pregnancy, they are entitled to a reasonable accommodation unless it would cause the employer an undue hardship. 131 In some cases, pregnant women receive protection from discrimination based on both: their pregnancy, and their pregnancy-related disability. In California, it is unlawful for an employer to discriminate against a pregnant employee on the basis of their pregnancy. 130 Pregnancy discrimination by a qualified employer is always prohibited, regardless of whether the employee is disabled from the pregnancy. So even if the employee isn’t actually a member of a protected class, it is still unlawful for an employer who believes them to be a member of that group to discriminate on that basis. California has therefore extended its protections against discrimination to employees that are perceived to be of a certain race, color, national origin, or ancestry (or perceived to associate with these groups). 91 Of course, an employee’s ethnicity will not always be readily known by the employer. It is unlawful in California for employers to discriminate against employees or job applicants based on their race, the color of their skin, their national origin, or their ancestry. 88 It is also unlawful for employers to discriminate on the basis of an employee’s association with members of other races, skin colors, national origins, or ancestries. 89Įmployees are protected even if they are members of racial groups that have not been traditionally discriminated against (like caucasian employees). 90 Some people refer to these types of claims as “reverse discrimination” claims. Race, Color, National Origin, or Ancestry An employer has the right to reject an applicant if they are less qualified for a position than the person ultimately selected. 69ĥ.2. Importantly, California’s protections do not extend to under-qualified applicants. If they were deterred from applying for the position because of the employer’s discriminatory practices, they may still have rights under California law. 68 In some cases, a person can be considered an “applicant” even if they haven’t actually applied for a job. If the employer does not provide a written application form, then a person is an applicant if they express a specific desire to the employer to be considered for employment. 67 California law expressly extends its anti-discrimination protections to applicants for employment positions. 65 Specifically, California makes it unlawful for an employer to refuse to hire a person or refuse to select the person for training that might lead to employment based on their protected characteristic (like the color of the skin, their gender, or their sexual orientation). 66Īn applicant is someone who files a written application with an employer.
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