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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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is preception of favortism grounds for termination

Customer Question

is preception of favortism grounds for termination
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Generally, a private-sector employer does not break the law by favoring one employee over another. This would be true instances where an employer gives preferential treatment to a family member or close friend. However, an exception to this rule typically exists if the preferential treatment is given on the basis the preferred employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. (See Govt. Code 12921.) Favoritism motivated by being or not being a member in one of the above "protected classes" would constitute discrimination under California's Fair Employment and Housing Act.

If you believe that you have been the subject of unlawful discrimination and wish to file a lawsuit, you must first file a formal complaint of discrimination with the federal Equal Employment Opportunity Commission (EEOC) or California's Department of Fair Employment and Housing. Either the EEOC or the DFEH will issue you an authorization to sue after they investigate your claim. You don't need to file with both agencies. Finally, if you decide to sue, don't miss your deadline. Under federal law in California, you have 300 days from an act of discrimination to file a complaint.

For information on how to bring a claim through California's DFEH, visit this link: http://www.dfeh.ca.gov/Complaints.htm For information on how to brig a claim through the EEOC, visit this link: http://www.eeoc.gov/employees/charge.cfm

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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