The short answer is because workplace discrimination claims are pervasive and are on the rise. The state of California has some of the most stringent labor laws in the country in protection of employees. In fact, they often contain more strict criteria than do federal protections. Employees in California are generally aware of their rights. When they feel their rights are being violated, they know that one agency in particular, the California Civil Rights Agency (CRD), has a mission, “…to protect the people of California from unlawful discrimination in employment, housing, businesses, and state-funded programs…” (calcivilrights.ca.gov)
Following is a summary from CRD’s website of laws barring employment discrimination and what they apply to:
- Advertisements
- Applications, screening, and interviews
- Hiring, transferring, promoting, terminating, or separating employees
- Working conditions, including compensation
- Participation in a training or apprenticeship program, employee organization or union
Who Should Be Prepared for Employment Law Discrimination Cases?
The California Fair Employment and Housing Act (FEHA), a state law, prohibits both public and private employers, labor organizations, and employment agencies with five or more employees – including part-time employees – from discriminating against the following protected categories of employees and potential employees:
- Age (40 years and older)
- Color
- Disability (physical or mental, including cancer and HIV/AIDS; reasonable accommodations must be offered)
- Gender Identification (transgender and gender non-conforming)
- Marital Status
- Military/Veteran Status
- National Origin/Ancestry/Genetics (including language restrictions, family history, DNA)
- Race (includes physical characteristics)
- Religion (including dress/grooming related to religion; reasonable accommodations must be offered)
- Request for Family or Medical Leave
- Reproductive Health Decisions (for example, contraception)
- Sex/Gender (including pregnancy and associated activities like breastfeeding, as well as pregnancy disability leave)
- Sexual Orientation
Employers can see that the need for workplace discrimination legal services in California is a real possibility. Working with an experienced, professional employment discrimination law firm may help avoid a discrimination claim proceeding to litigation by making sure the employer is compliant with FEHA laws regarding workplace discrimination.
Employment discrimination protection also extends to the recruiting (including job postings/advertisements) and hiring processes, which may surprise many employers. It also leads to the next heads up another reason employers should consider engaging employment discrimination attorney services.
Does Employment Law Discrimination Exempt Artificial Intelligence?
In a word, no. All employers who are using artificial intelligence (AI) and AI chatbots for resume screening, online job postings, one-way video interviews, and elsewhere in the workplace must understand that the potential for employment discrimination claims impacts AI tools, as well. This is true regardless of whether the use of AI could or could not ease racial and ethnic bias in hiring, which is debatable.
An April 20, 2023 Pew Research Center Report on Americans’ views on AI in hiring indicated that the majority of Americans are unaware that it is being used, although this varies between various demographics. The overall awareness level may increase over time as use of AI in general becomes more pervasive.
A Reuters article from August 10, 2023 says this about a lawsuit still pending, “Many worker advocates and policymakers are concerned about the potential for existing biases to be baked into AI software, even unintentionally. In a pending proposed class action in California federal court, Workday is accused of designing hiring software used by scores of large companies that screens out Black, disabled and older applicants. Workday has denied wrongdoing. Experts expect an increasing number of lawsuits accusing employers of discriminating through their use of AI software.”
Why Seek Counsel to Help Manage AI the Right Way?
Employment discrimination investigation counsel can provide guidance to employers who are using AI in employment practices, such as:
- Thoroughly evaluating AI vendors for compliance with both EEOC and California
- anti-discrimination laws
- Algorithmic bias audits
- Informing employees and potential employees about the use of AI
- Requiring the vendor to assume liability of discriminatory employment practices occur
Are California Workplace Discrimination Laws It?
In addition to California state laws, Federal laws protecting anti-discrimination in the workplace are enforced by the US Equal Opportunity Commission (EEOC). Maintaining compliance in the workplace around Federal laws an employment discrimination lawyer in California must also be able to serve as an EEOC defense lawyer.
At Chauvel & Glatt, our goal is to help clients avoid litigation. Still, when necessary, we are well-prepared to advocate for our clients and serve as their workplace discrimination litigation defense. We will provide counsel that results in an employer discrimination response using a process that is quick and efficient. We know that workplace discrimination lawsuit settlements have the potential to result in a loss of millions of dollars for employers. Let us be your partners in developing policies and procedures that are compliant, responsible, and fair.
