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Discrimination
Discrimination occurs when an employer takes an adverse action action against an employee, the employee's "protected status" was a substantial motivating reason for the adverse action, the employee is harmed, and the adverse action was a substantial factor in causing the employee's harm.  (Cal. Gov't Code section 12940 et seq., CACI Jury Instruction 2500).
Protected statuses include: race, national origin, ethnicity, gender/sex, age (over 40 years old), disability, medical condition, marital status, sexual orientation, and religion.  (Cal. Gov't Code section 12940 et seq.)
 
An example of race discrimination can be: a supervisor making racial epithets about the race of a certain employee, giving the employee a poor performance evaluation rating despite the employee's satisfactory performance, giving employees of the a different race than the employee better performance evaluation ratings despite their poor performance, and the supervisor firing the employee because of his race. 

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.  The contents of this site do not constitute a guarantee of any particular result.  

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