The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
Does Title VII apply to all employers? Title VII applies to private-sector employers with 15 or more employees, to state and local government employers with 15 or more employees, and to the federal government as an employer. Title VII also applies to unions and employment agencies.
In fact, the title defines an employee as simply "an individual employed by an employer." Therefore, assuming they work — or are applying to work — for a covered employer as outlined above, Title VII provides discrimination protection for all employees, former employees, and those applying to be employees.
Title VII is enforced by the Equal Employment Opportunity Commission. Most employees and job applicants are protected by Title VII, but independent contractors are not.
Therefore, assuming they work — or are applying to work — for a covered employer as outlined above, Title VII provides discrimination protection for all employees, former employees, and those applying to be employees.
Your chances of winning a discrimination case are much higher if you have the evidence and documentation to support your claim of discrimination. Such evidence could be direct or circumstantial.
The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
Proving workplace discrimination in California can be one of the most difficult steps in a successful discrimination case. It can also be complex, confusing and frustrating.