Other Discrimination Based on Protected Status

California law protects employees from discrimination based on a wide range of personal characteristics.

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Discriminating against someone because of a legally protected status is prohibited in all aspects of employment, including hiring, firing, pay, promotions, benefits, job assignments, and workplace conditions.

Protected Characteristics Under California Law

The California Fair Employment and Housing Act (FEHA) makes it illegal for employers with five or more employees to discriminate based on the following protected categories:

  • Race or color
  • Ancestry or national origin
  • Religion or creed
  • Physical or mental disability
  • Medical condition (including cancer or genetic characteristics)
  • Marital status
  • Sex, gender, gender identity, or gender expression
  • Sexual orientation
  • Age (40 and over)
  • Military or veteran status
  • Genetic information
  • Reproductive health decision-making
  • Citizenship or immigration status

These protections go beyond what is provided under federal law and apply even in hiring decisions, layoffs, or training opportunities.

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Safety Violation
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Wrongful Termination
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Discrimination
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Break Violations
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Harassment

Common Forms of Discrimination

Refusing to hire or promote an
employee due to their ethnicity or religion
Terminating a worker after they
disclose a medical condition or pregnancy
Subjecting an employee to racial
slurs or ethnic stereotypes
Denying accommodations for
religious observances or disabilities
Paying an employee less based on
sexual orientation or gender identity
Retaliating against a worker for
filing a discrimination complaint

Discrimination can be overt or subtle, including workplace policies that disproportionately impact a protected group.

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Employer Responsibilities

Employers are legally required to:

  • Provide equal opportunities and treatment to all employees
  • Implement anti-discrimination policies
  • Train supervisors on harassment and discrimination prevention
  • Promptly investigate complaints and take corrective action

Failure to do so may lead to liability for workplace discrimination or harassment claims.

Filing a Complaint

Employees must file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. A complaint must typically be filed within one year (CRD) or 300 days (EEOC) of the discriminatory act.

Legal Remedies

If discrimination is proven, an employee may recover:

Lost wages and employment benefits
Emotional distress damages
Reinstatement or promotion
Punitive damages in severe cases
Attorneys’ fees and legal costs
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