Bias
California law, particularly the Fair Employment and Housing Act (FEHA), provides a comprehensive framework for addressing issues of bias and wrongful termination in the workplace.
Bias is generally understood as any prejudice or unfair treatment of an employee based on specific protected characteristics.
These characteristics include race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
Examples
Race Bias
- Racial Bias: This involves unfavorable treatment of an employee due to their race. For instance, if an African American employee is terminated for a minor mistake while their Caucasian colleagues make similar mistakes without repercussions, this could be seen as racial bias.
Gender Bias
- Gender Bias: This occurs when an employee is treated unfairly because of their gender. For example, if a female employee is fired for being ‘too aggressive’ in meetings, whereas male colleagues exhibiting the same behavior are praised, this could be a case of gender bias.
Age Bias
- Age Bias: This type of bias involves discrimination against an employee because of their age. An example would be an older employee being terminated because the company wants a younger-looking workforce, despite the older employee’s satisfactory job performance.
Disability Bias
- Disability Bias: Discriminating against an employee due to a physical or mental disability also constitutes bias. For example, terminating an employee because they requested reasonable accommodations for their disability can be considered disability bias.
Sexual Orientation Bias
- Sexual Orientation Bias: This happens when an employee faces discrimination due to their sexual orientation. For instance, if an employer terminates an employee upon discovering their same-sex partner, it could be deemed as sexual orientation bias.
Religious Bias
- Religious Bias: This includes unfair treatment due to an employee’s religious beliefs or practices. For example, if an employee is fired for taking time off for a religious holiday when other employees are granted leave for secular activities, this could indicate religious bias.
Bias
It’s important to note that for a wrongful termination claim to be successful, the employee must demonstrate that the bias was a substantial motivating factor in the termination decision. Additionally, California law requires employers to take reasonable steps to prevent and correct wrongful behavior in the workplace. Failure to do so can lead to legal liabilities.