Losangelesattorneys's Blog

The Privilege of the California Proposition 209

Workers in California are protected against discrimination by state and federal laws. These laws apply to those who perpetrate abuse and discrimination in the workplace.

To mention a few, here are some of the state and federal laws that give protection to workers or allow him to enjoy certain privileges:

• American With Disabilities Act (ADA)

• Age Discrimination in Employment Act (ADEA)

• Equal Pay Act

• Family Medical Leave Act

• Civil Rights Act of 1964 ( Title VII)

Similarly, there are certain provisions of the state Constitution, which are not only gainful to workers, but are beneficial to the education sector as well. The California Proposition 209 is an amendment to the Constitution done in 1996, which includes an important new anti-discriminatory provision in Section 31 of Article 1. Part of the section reads:

a) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

b) This section shall apply only to action taken after the section's effective date.

c) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex, which are reasonably necessary to the normal operation of public employment, public education, or public contracting.

d) Nothing in this section shall be interpreted as invalidating any court order or consent decree, which is in force as of the effective date of this section.

e) Nothing in this section shall be interpreted as prohibiting action, which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the state.

f) For the purposes of this section, "state" shall include, but not necessarily be limited to, the state itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the state.

g) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.

h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution , the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.

This important provision and the other equally vital laws on discrimination help keep our workers become more productive and secure at work. In the first place, these laws are specifically created to address the issue of discrimination.

In instances where you believe that discrimination incidents are prevalent, it is best to consult a discrimination lawyer and report the matter to a government agency office nearest you.

Anti-Employment Discrimination Laws

The labor sector in Los Angeles and all other parts of California deserves proper treatment. Their legal rights against discrimination must always be upheld. Nevertheless, the employers should provide them all their benefits and avenues to improve their skills to become more productive.

Here is an overview of some of the important law provisions that state the rights of the laborers against discrimination:

Americans with Disabilities Act (ADA)

This law statute seeks to protect those people who are suffering from physical or mental ailments that restrict them from exercising various activities. As provided under the ADA, “disability” comprises of walking impairments, hearing and vision deficiencies, minor mental illnesses and muscle disorders.

In addition, the ADA forbids the employers to base their employment procedures on the disability of an applicant. They should also treat these employees fairly in terms of paying their wages and benefits along with providing them with equal opportunity regarding promotion and job assignments.

Age Discrimination in Employment (ADEA)

Primarily, this protects individuals above forty years old from discriminatory practices of employers based on age in the hiring, promotion, and termination aspects of employment. However, this law applies only to those companies with twenty and above workers.

Equal Pay Act

As its title prescribes, this law obliges the employers to give equal payment to employees of similar tasks and work output, regardless of their gender.

Employee Retirement Income Security Act (ERISA)

This Act detailed the obligation of the employers in handing over welfare benefit plans to their workers.

Family Medical Leave Act (FMLA)

Under this Act, it is the right of the employees to be given unpaid family leaves every year for the following purposes:

• taking care of a new born or adopted baby
• caring for an immediate family member with serious ailment
• undergoing medical treatment for their own serious health condition

Title VII of the Civil Rights Act of 1964

This provides an almost complete prohibition for employers to discriminate their workers based on their color, nationality, race, religious belief, gender and even disability in all aspects of employment. Title VII requires the employers to base their employment decisions not on a person’s association in a protected class but rather on their companies needs.