![]() ![]() “Parent” includes a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.Įmployers of 5 or more employees must provide up to four months of disability leave for an employee who is disabled due to pregnancy, childbirth, or a related medical condition. “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee or the employee’s domestic partner, or a person to whom the employee stands in loco parentis. An eligible employee may also take job-protected leave to bond with a new child by birth, adoption, or foster care placement, within one year of the child’s birth, adoption, or foster placement. The California Family Rights Act (CFRA) requires employers of 5 or more employees to provide an eligible employee with job-protected leave to care for a child, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition, and for the employee’s own serious health condition. Harassment is prohibited in all workplaces, even those with fewer than five employees. The FEHA prohibits harassment based on a protected category against an employee, an applicant, an unpaid intern or volunteer, or a contractor. It is illegal for employers of 5 or more employees to discriminate against job applicants and employees because of a protected category, or retaliate against them because they have asserted their rights under the law. The Fair Employment and Housing Act (FEHA) applies to public and private employers, labor organizations and employment agencies. Participation in a training or apprenticeship program, employee organization or union.Working conditions, including compensation.Hiring, transferring, promoting, terminating, or separating employees.Applications, screening, and interviews.These state laws barring discrimination apply to all business practices, including the following: ![]() Unlike the EPA, there is no requirement under Title VII, the ADEA, or the ADA that the jobs must be substantially equal.What Employment Discrimination Looks Like Title VII, the ADEA, and the ADA prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age, or disability. Therefore, someone who has an Equal Pay Act claim may also have a claim under Title VII. Title VII also makes it illegal to discriminate based on sex in pay and benefits. Equal Pay/Compensation and Sex Discrimination The filing of an EEOC charge under the EPA does not extend the time frame for going to court. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or, in the case of a willful violation, within three years. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay.Īn individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. Job content (not job titles) determines whether jobs are substantially equal. The jobs need not be identical, but they must be substantially equal. The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work.
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