California (CA) Religious Discrimination Law in the Workplace
August 18th, 2006 Posted by BethanyAccording to the California Department of Industrial Relations, California follows the federal laws when deciding what is legal and illegal in the workplace with regards to discrimination. I went in pursuit of information specifically regarding religious discrimination, and found, of course, that it is illegal in California to discriminate based on religion. This refers to Title VII of the Civil Rights Act of 1964. Title VII simply prohibits workplace discrimination based on “race, color, religion, sex, or national origin.”
I also found that the California Department of Industrial Relations provides basic information regarding discrimination and procedures to follow, but they do not specify in regards to religion. I did discover, however, in California, if I have a substantial claim of any discrimination, including religious, the Department of Fair Employment and Housing will initiate an investigation for me. I simply file a legitimate claim with the assistance of my lawyer, and the department takes over.
During the investigation phase, the department is unbiased and will simply gather, using subpoenas, warrants, and even temporary restraining orders, information concerning the complaint of religious discrimination. A standard investigation generally takes close to a year to complete, and there are many possibilities for reciprocations if, indeed, religious discrimination is discovered.
So, in short, if I felt my employer had “done me wrong” in the workplace regarding religion, I would contact the California Department of Fair Employment and Housing, within one year, to file a claim and start an investigation. The department would then spend a year investigating my claim. If I was right, and there was religious discrimination occurring, I could be rewarded with back pay, a settlement, or even my job back.
I could then take my case further in the civil courts, where I could sue for unlimited putative damages as well as uncapped psychological suffering. California is careful to lay out all options to residents. They take their duty to protect residents very seriously indeed.
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