Legal Question in Employment Law in California
I work for a company that has two divisions. I am a manager of one division that was just informed our base salary would be reduced by 30%. The other department is unaffected. All members of my department are not of the same religion as the owner or the other department (in other words all the managers of the other department and the owner are of the same religion). My question is regardless of whether it is actually intentionally based on religion, does the mere fact that the owner has excluded managers of a particular religion from pay cuts merit a discrimination case?
1 Answer from Attorneys
To succeed in a discrimination lawsuit, one must be able to prove that an adverse employment decision was motivated, at least in part, by criteria prohibited by law, such as employees' religious beliefs. If it is merely coincidental that the department whose salary was cut is of a different religion than that of the owner, and religion was never a factor in the decision, there is no unlawful discrimination. But it does raise questions and may warrant an investigation by the EEOC or the DFEH.
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