Equal Rights 101 Quizzes
Can This Employee Be Accommodated?
A sales clerk for a fine clothing store has been diagnosed with bipolar disorder and is prescribed a medication with the side effect of making his mouth extremely dry. He needs to drink a beverage approximately every 30 minutes in order to counteract that side effect. Clerks are only allowed to leave the sales floor for their lunch and two fifteen minute breaks, and they aren’t allowed to have food or drink at the check-out counters. The store says they cannot let this person have a drink at the counter because the beverage might spill and ruin the clothes or damage their expensive computer equipment in the check-out area. Besides that, if he can have a beverage at the check-out counter, everyone is going to want to.
Can the store deny this employee’s request?
What kinds of things can you think of that the employer could do to accommodate this request?
Is this discrimination?
Two employees are having a casual conversation in Spanish on the job. The supervisor thinks they are talking about her and tells them they can speak only English while on the job. Is this illegal discrimination?Yes. In California an employer cannot have a rule requiring that employees speak only in English at certain times unless the employer can show that the rule is justified by a business necessity—that is, it is necessary to the safe and efficient operation of the business. Generally, an employer cannot regulate the language employees speak to each other, especially in casual conversation, or at break or lunch time.
You’re working for the summer at a dry cleaner. It’s owned by the parents of a friend of yours, and they have about six or seven employees. Your grandmother becomes ill and you have to babysit your little brother while your mom takes care of Grandma. You are off work for four days. The employer fires you because it was the weekend, their busiest time, and they had to find a replacement. Is this discrimination?
No. In California, in most instances there is nothing to prohibit an employer from firing an employee who doesn’t show up to work.
There may be some exceptions, like time off as an accommodation for a physical or mental disability or accommodation for your religion.
There’s also something called the California Family Rights Act (CFRA) leave which pertains to employers of 50 or more employees. It allows employees who have worked for a company for at least one year, have worked for more than 1,250 hours in the year prior to taking a leave, and work in a location where there are 50 or more employees, to take up to twelve weeks in a one-year period for the serious health condition of a parent, child, spouse, or domestic partner. CFRA leave can also be taken for the birth or adoption of a child or the placement of a foster child in the home.
You might want to make sure, however, that the employer is not discriminating against you by treating you differently than other co-workers who have missed work for similar reasons and have not been fired and you believe it’s because of your race, religion, national origin, color, sex, disability, or something like that, because that would be illegal.
Amber wants to work for a fast food restaurant. Her religion prohibits her from wearing pants and she must wear ankle-length skirts. The restaurant refuses to hire her saying she might trip on her skirt and hurt herself. Is this discrimination?
Yes. In California an employer has an obligation to make a good faith effort to accommodate an employee’s religious belief or observance. An employer cannot discriminate against an employee where there is a conflict between an employee’s religious belief and an employment requirement unless they can show that to do so would require significant difficulty or expense.
A new restaurant just opened up in your neighborhood. You know you can be a server there—after all, you were Bonus Burger’s employee of the month for the last three months. When it comes to serving food, you’ve got it down. You apply, but they say you have to be at least 18 years old to serve food. If you want to wash dishes, however, they would be more than glad to have you. You know this is not fair and want to file a discrimination complaint. Is this a violation of the law?
No. The laws regarding age discrimination in California cover only those persons 40 and over.
You apply to be a caddy at an exclusive country club. The person doing the hiring states that the club caters mostly to men and they feel really uncomfortable having a girl carry their stuff around—and besides, someone as little and cute as you shouldn’t be carrying around heavy ol’ golf equipment. Is this discrimination?
Yes. In California an employer cannot discriminate on the basis of sex. Using the excuse of customer preference is not a defense to illegal discrimination. And making presumptions about the physical strength of an applicant based on his or her gender, race, etc. is illegal.
For the last two summers you have been passing out shoes at the bowling alley. You learn of an opening in the snack bar, and you are there. No more stinky shoes for you. You’ve earned it—you’ve done your stretch and now it’s time to move up. Plus, at the snack bar, you get to munch down on the good stuff while you’re working. You tell the owner that you were made for that job. He decides to hire his nephew who just started working there. This is not fair, and you know you should be able to report it to someone. Is this a violation of the law?
No. California’s anti-discrimination laws do not protect those employment actions that are just "unfair." Employers can make job decisions based on favoritism of, say, family members or friends, as long as they don’t make decisions based on race, or sex, or ancestry, national origin, mental or physical disability, medical condition, age (over 40) marital status, or sexual orientation.
You start working in a popular, upscale department store. The employer has strict policies regarding hair length for men, the amount of jewelry worn by employees, and never wants to see any tattoos showing. You just got a brand new snake tattoo that wraps around your arm. It’s also not fair that girls get to wear ponytails, but you have to have your hair short. Aren’t there laws against this?
No. In California, an employer can impose reasonable grooming or dress standards. It could be against the law, however, if the standards on a basis covered in the law, like not letting you wear a yarmulke on the Sabbath. The standards also cannot sigificantly burden you in your employment.
