The federal Equal Employment Opportunity Commission (EEOC) was established by Title VII of the Civil Rights Act of 1964, and is empowered to prevent, investigate and take action against unlawful employment practices set forth in that Act. Title VII of the Civil Rights Act prohibits employers from discriminating in the workplace on the basis of an individual’s “race, color, religion, sex, or national origin.” (42 U.S.C. § 2000e-2(a).) California’s Fair Employment & Housing Act (FEHA) provides similar if not broader employee protections against employer discrimination, harassment and/or retaliation. Both Title VII and the FEHA, and other state and federal laws, are intended to promote fairness in the workplace and provide employers with guidance regarding employee hiring, firing, promotion and other employment decisions. Failure to adhere to these laws, where applicable, can be extremely costly and ruin a business altogether.
California employers have an affirmative duty to take reasonable steps to prevent harassment or discrimination from occurring under Title VII and the FEHA where applicable. Written anti-discrimination, harassment and retaliation policies, and other enforcement mechanisms, need to be in place and enforced in order to defend against any accusation that EEOC and FEHA laws were disregarded. Special rules apply to disabled employees who are leaving or returning to work, including reasonable accommodation, interactive process, protected leaves of absence, and other laws. Wage & Hour laws need to be complied with in order to dispel any inference that discrimination was the underlying basis behind any non-compliance of those laws.
We at the Law Office of George G. Romain understand how complex, confusing and overwhelming state and federal regulations can be on businesses when it comes to dealing with their employees on a day-to-day basis. That is why we take care in providing services which meet the needs of your business. We counsel our business clients and provide them with training in the areas of:
- Sexual Harassment & Discrimination training, particularly for employers with 50+ employees (per California AB 1825)
- Employee Disability and ADA compliance
- Medical leaves of absences and FMLA compliance
- Religious accommodations
- Personnel Policies
- Employee Separation & Severance
- Employee Hiring
- Workplace Investigation training for HR personnel
To discuss your specific legal concerns, call (310) 651-6170, or contact us online to schedule a consultation with lead attorney George G. Romain.