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In California's "at-will" employment, employers can fire workers for any reason. This can lead to wrongful termination, discrimination, and harassment.
Some protected people can sue their employers for discrimination. Federal and California anti-discrimination laws allow this.
As an attorney, I will provide key details about protected classes in California.
Quick Summary
- In California, workplace discrimination is banned against protected classes. These include different races, colors, ancestries, nationalities, religions, sexes, and disabilities. It also includes pregnant individuals.
- California has more extensive protections for employees compared to federal laws.
- If you face job discrimination, document any incidents. Report it to your employer. If needed, file a complaint with a government agency.
What Are The Protected Classes in California?
California's protected classes are groups shielded from workplace discrimination. This is due to certain protected characteristics.
In California, employers can't discriminate against employees for certain reasons, including:
- Race
- Color
- Ancestry
- National origin
- Religion
- Sex (including pregnancy, childbirth, and medical conditions)
- Disability: physical or mental
- Age (40 and older)
- Genetic information
- Marital status
- Sexual orientation
- Gender expression
- AIDS/HIV
- Medical condition
- Political activities or affiliations
- Military or veteran status, and
Do note that California has extra protections in place compared to federal laws. Employers cannot discriminate against employees based on membership in these protected classes [1].
Federal and California laws ban employment discrimination. However, there are some differences in their rules.
Related Article: What is Discrimination in the Workplace?
Protected Classes Under Federal Law
Federal laws were made to prevent job discrimination against protected classes.
The following is a list of the statutes and their respective protected classes:
- The Civil Rights Act bars discriminatory acts based on race, sex, color, religion, and nationality.
- The Age Discrimination Act protects individuals from discrimination based on their age.
- The Americans with Disabilities Act prohibits discrimination based on disabilities.
- The Genetic Information The Non-Discrimination Act bars employers from using genetic info in hiring or firing.
- The Equal Pay Act mandates that employers cannot pay different salaries to employees who do the same work based on their gender.
No federal laws prevent discrimination based on gender identity or sexual orientation.
The authority for administering and enforcing these laws lies with the U.S. Equal Employment Opportunity Commission (EEOC) [2].
Protected Classes Under California Law
California's employment rights system for protected classes is stronger than federal law. It has a longer list of protected classes.
The Family Rights Act, California Equal Pay Act, and FEHA protect California employees from discrimination for these reasons:
- Race
- Color
- Ancestry
- National origin
- Sexual orientation
- Gender identity and expression
- Sex
- Pregnancy, childbirth, and related medical conditions
- Religion
- Disability
- Marital status
"The concept of a "protected class" is the foundation of American discrimination law. The same misconduct may be legal or illegal based on whether or not it is motivated by its victim's membership in a protected class."-Julian Burns King.
What Is Workplace Discrimination?
Workplace discrimination is unfair treatment due to membership in a protected class. It can take many forms. These include hiring, promotions, pay, benefits, assignments, training, evaluations, and discipline.
The Fair Employment and Housing Act (FEHA) bans job discrimination based on a protected category. It also bars retaliation against those who assert their rights under the law [3].
This law applies to employers, labor organizations, and agencies with 5 or more employees in the public and private sectors.
State and federal laws ban harassment of employees based on their protected traits under the FEHA. This applies to all workplaces, even those with fewer than five employees.
The CFRA requires employers with 5 or more employees to provide eligible workers with legally protected time off.
This time off can be used to care for a family member with a serious health condition. This includes a child, spouse, partner, parent, grandparent, grandchild, or sibling. It can also be used for the employee's own health issue.
Related Article: Workplace Investigations Employee Rights
What Actions Should You Take If You Are Facing Workplace Discrimination?
If you face workplace discrimination, the actions to take depend on your situation.
However, it is common to file a discrimination claim with the CRD before considering legal action against the employer.
Once the CRD investigates your complaint, you may have the option to file a lawsuit against your employer.
If your attorney gets a right-to-sue notice, you can skip the CRD investigation. In some cases, you can file a suit directly with the Superior Court [4].
Related Article: What is the FLSA?
FAQs
Can You Get Fired For Filing A Discrimination Claim?
No, you can not get fired for filing a discrimination claim. If you file a discrimination claim, your employer cannot legally retaliate against you. They cannot fire, demote, reduce pay, or harass you.
Are There Legitimate Grounds For Discrimination In California?
Yes, there are legitimate grounds for discrimination in California. An employer can legally disqualify someone for four reasons: 1. a protected characteristic, 2. privacy, 3. authenticity in the arts, or 4. a bona fide occupational qualification (BFOQ).
What Employers Are Subject To The Anti-Discrimination Laws?
Anti-discrimination laws apply to:
- Private employers with five or more employees.
- State and local government agencies.
- Labor unions and employment agencies.
- Any employer that receives federal funding.
What Does Employment Discrimination Looks Like?
Employment discrimination looks like intentional and unintentional unequal treatment based on protected characteristics. It can mean not hiring someone due to their race, gender, religion, age, or other factors.
Are You Being Discriminated At Work?
If you are facing workplace discrimination, don't hesitate to seek help. Reach out to Schmidt & Clark, LLP for a free consultation from one of our attorneys, who are highly skilled and equipped to provide you with the necessary help.
The lawyers at Schmidt & Clark, LLP have a track record of winning employee discrimination cases. They can help you if you face workplace discrimination, including harassment, retaliation, wrongful termination, or failure to accommodate.
References:
- https://www.senate.ca.gov/content/protected-classes
- https://www.eeoc.gov/overview#:~:text=The%20U.S.%20Equal%20Employment%20Opportunity,%2C%20and%20social%20 orientation
- https://oclaborlaw.com/feha.pdf
- https://www.courts.ca.gov/superiorcourts.htm