A California employment attorney is warning workers about common scenarios that could signal illegal workplace practices, from pregnancy discrimination to retaliatory firings, while outlining key protections under state law.
Emilia Mehrabian, supervising attorney at D.Law, said California’s extensive worker protection laws are frequently misunderstood, leaving many employees unaware of their rights when facing discrimination, harassment or wrongful termination.
“California employment law is a vast and complex field, but at its core, it is designed to protect workers from unfair treatment and discrimination,” Mehrabian said.
At-will employment has limitations
Despite California’s status as an at-will employment state, where employers can generally terminate workers without cause, Mehrabian emphasized that significant legal boundaries exist.
“Employers cannot fire someone for discriminatory reasons, in retaliation for asserting their legally protected rights, or for reasons that violate public policy,” she said.
The California Fair Employment and Housing Act (FEHA) prohibits workplace discrimination based on numerous protected characteristics, including race, religion, national origin, age, gender, sexual orientation, gender identity, pregnancy, medical conditions and disabilities.
The law applies to employers with five or more employees and offers broader protections than federal antidiscrimination laws.
Retaliation remains common issue
Retaliation claims frequently accompany discrimination and harassment complaints, according to Mehrabian. California law prohibits employers from taking adverse actions against employees who report harassment, file complaints with government agencies, or participate in workplace misconduct investigations.
“An administrative assistant reports gender-based harassment by her supervisor. A month later, she’s terminated for ‘performance issues’ that were never previously documented. This is a textbook case of retaliation,” Mehrabian said.
Sexual harassment protections enhanced
California’s sexual harassment laws exceed federal regulations, covering both quid pro quo situations and hostile work environments. The state requires employers with five or more employees to provide sexual harassment prevention training to all workers, not just supervisors.
“As someone who’s helped numerous clients navigate sexual harassment cases, I’ve seen the emotional toll it takes. Speaking up can be daunting, however, it is frequently the first step in the healing process,” Mehrabian said.
Pregnancy and disability accommodations required
The attorney noted California maintains strong pregnancy protection laws, prohibiting discrimination related to pregnancy, childbirth or related medical conditions. Eligible employees can receive up to four months of leave under the Pregnancy Disability Leave law.
Similarly, FEHA requires employers to accommodate employees with physical or mental disabilities through a good-faith interactive process, which might include providing ergonomic equipment, flexible schedules or remote work options.
Documentation crucial when rights violated
Mehrabian advised workers who believe their rights have been violated to document all incidents thoroughly, including dates, times and witness information. She also recommended consulting an attorney or filing complaints with relevant agencies promptly, as many employment claims have strict deadlines.
“California workers are fortunate to have some of the most comprehensive employment protections in the country. However, these laws are only as effective as the awareness and action they inspire,” Mehrabian said.
