Top 3 Exemptions in Employment Discrimination Cases

In 2010, the federal Equal Employment Opportunity Commission received its highest number of discrimination complaints ever at 99,922.

However, this year also posted the highest number of cases where the EEOC found no reasonable cause to continue.

Many attribute this high number to the lack of information about what constitutes discrimination in employment.

As a result, a lot of people file for discrimination without the backing of the necessary knowledge to prove their case.

The best move a person who suspect discrimination should do is to consult a Los Angeles employment lawyer to know their legal options.

To give you an idea abut why some cases are found to have no reasonable cause, here are some of the exemptions in discrimination:

1.    Not a member of a protected class

Discrimination in the workplace occurs when an employment decision like hiring, firing, promotion, compensation and benefits are made based on the employee’s membership or association to a certain protected class and not on his or her qualification and experience.

The protected classes are:

•  Race/color
•  Sex/gender
• Sexual orientation/ gender identity ( California and some states)
• National origin and ancestry
• Religion
• Pregnancy
• Disability
• Genetic information
• Age (40 and up)

If the act was not based on these protected classes then chances are it may be found to have no reasonable cause.

An example would be if the employee feels discriminated due to his young age; however, the law only protects employee who are 40-years-old and above from age discrimination.

2.    Bona Fide Occupational Qualification

Under the Bona Fide Occupational Qualification or BFOQ principle employers are allowed to hire and retain employees based on reasons in certain situations which would otherwise be considered discriminatory.

An example would be the Catholic Church hiring exclusively males to be priests or having a lower retirement age for airline pilots due to safety regulations.

 3.    Not enough employees

To be covered by federal and state anti-discrimination laws, you have to be in a company which meets the number of required employees by the law.

Here are the requirements for each law:

• Title Vii of the Civil Rights Act of 1964 – 15 or more employees
• Americans with Disabilities Act (ADA) -15 or more employees
• Age Discrimination in Employment Act (ADEA) – 20 or more employees
• Genetic Information No-discrimination Act (GINA) – 15 or more employees
• Pregnancy Discrimination Act (PDA) – 15 or more employees
• California Fair Employment and Housing Act (FEHA) – 5 or more employees (state only)

If there are fewer employees than the numbers above in the company, you may not be covered by law.

Get Help

The Mesriani Law Group has a team of expert and dedicated Los Angeles employment attorney who have proven their mettle in handling various discrimination cases.

For more information, feel free to call us at our toll free number at 1-866-325-4529 or send an email at info@mesriani.com .