One of the primary concerns of every state in a federal government such as the US is to provide a competitive and sustainable working arena whereby all residents, non-residents, and businesses can peacefully and productively fuse for only one purpose – success. Sustainability is so important that it will determine not just the present situation but as well as the next years to come. California is just one of the 50 states in the US that keeps on pursuing this so-called sustainability of living. For the state to be effective on this, they must spearhead programs, projects, and legislation which will protect the work force and the employers, boost up marketing in the region, encourage tourism, and other necessary moves. These things prove and justify the existence of the employment law of California.
As a federal country, the US has a general rule on employment with focus on discrimination and other related workplace violations. However, the federal government gives each state autonomous legislation and execution of the said legislation that the leaders deem appropriate and applicable to their constituents and the geographical proximity of the state. In the case of California, they have their own employment law. The employment law of this state is backed by the rules provided by the Constitution of the country and the rules provided by US EEOC or U.S. Equal Employment Opportunity Commission.
The Californian lay on employment can be divided into three general parts. These are (1) Pre-employment or Promotion, (2) Employment, and (3) Post Employment. These three divisions differ primarily on the level or the phase bracket of an employee. Just because the issues before one is hired, when already hired, and the inevitable instances in the employment differs accordingly, this law mainly resolves specifically to particular employment issues in different phases.
Pre-employment or Promotion
The state prohibits in accordance with the rules of the EEOC any form of discrimination based on age, color, race, national origin, religion, and disability. This applies both for the applicant and the employee to be promoted. Though there is no restriction on who the employer may want to hire, the moves to reject applications solely on the abovementioned factors is not tolerated by the state government. There are also things that are prohibited by law to be asked to an applicant during an interview. These are the pasts that have something to do with sexual orientation, the birth place, any criminal arrests or criminal records. Though, the last can be a ground for the employer to consider in other cases when the result of the hire could result to more damages not just to the company but as well as to the other employees. Other questions pertaining to employment background is also regulated so as not to cause misdemeanor against the applicant.
Harassment is another famous work place issue that always ends in court proceeding not just in California but also in other states. Discrimination is different with harassment in form and in theory and is treated and faced by the state government in a different approach. There are also other issues when an employee is already in the work which is included in the law. This includes the condition or the employment status of the employee, workplace safety, wrongful termination, etc.
This division includes provisions on unemployment benefits or support and the Consolidated Omnibus Budget Reconciliation Act (COBRA). This act has something to do with the continuation of the health benefits of the employee after termination. This may cover his spouse and dependent children for 18 months.
The California employment law is a very effective tool in strengthening the state’s work force. By protecting the majority which consists of the employees, the state also protects the industry and the employer from any form of business derailment.