Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.
Below we discuss some potential defenses to allegations of workplace discrimination in California. Defense #1: Bona Fide Occupational Qualification. Defense #2: Business Necessity. Defense #3: Employee Job Performance. Defense #4: Breach of Contract. Defense #5: Reasonable Factor Other Than Age.
Title VII Defenses Employers charged with Title VII violations have a limited number of affirmative defenses including business necessity, bona fide occupational qualification, seniority and merit systems, and after-acquired evidence of actions of the employee.
Key defenses that an employer can argue in such cases include Business Necessity, Bona Fide Occupational Qualification (BFOQ), seniority systems, and merit systems. However, options such as A) Safety, B) Tradition, and C) Union are generally not accepted as legitimate defenses to a discrimination claim under Title VII.
Cal. Gov't Code § 12945.2(a). It is an unlawful employment practice to refuse to hire, discharge, or discriminate against any individual for exercising his/her right to family care and medical leave.
Short answer: The average disability discrimination settlement in California is approximately $40,000 – $150,000 with the median settlement around $75,000. Settlements in less complex cases often settle below approximately $40,000 or lower and complex cases can surpass approximately $1,000,000.
Report discrimination to a local Fair Employment Practices Agency (FEPA). If the discrimination breaks both a state and federal law, the FEPA will also send your complaint to the EEOC. Use the EEOC's directory of field offices to find the FEPA near you.
To file a complaint of discrimination, go to the CRD Web site home page and click on "File a Pre- Complaint Inquiry." If assistance is required to complete the online Pre-Complaint Inquiry, please call 800-884-1684. The completion and submission of the Pre-Complaint Inquiry will initiate the complaint process.
Complaints Regarding County Social Worker Conduct Concerns about possible inappropriate actions of county employees and requests to change assigned social workers should be addressed to the Director of the specific county's child welfare services agency for resolution.
In general, a complaint of employment discrimination must be filed within three years from the date an alleged discriminatory act occurred. You must file a complaint with CRD even if you wish to file a case directly in court.