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Federal and state employment laws protect California employees from workplace discrimination. This means that if your employer subjects you to unlawful negative treatment based on your membership in a protected class, you may be able to file an employment discrimination claim. While federal laws protect certain classes from discrimination and harassment, California state law extends these protections to additional classes of people. A “protected class” is one of the foundations of anti-discrimination law. The legality of some misconduct may be based on whether it is motivated by the victim’s membership in a “protected class.” In an employment law context, the application of the concept of protected classes may determine the legality of an employee’s termination. It may also determine whether mistreatment is merely bullying or harassment, the latter being illegal. Under federal law, it is illegal for an employer to discriminate because of your:
Several federal employment laws, rules, and regulations prohibit employers in California from subjecting employees to unlawful discrimination based on membership in a protected class. Employees who work for a company with 15 or more employees are protected by the following federal laws:
Protected Classes under California law (Department of Fair Employment and Housing):
The California Fair Employment and Housing Act (FEHA) applies to public and private employers, labor organizations, and employment agencies. The FEHA prohibits harassment based on a protected category against an employee, an applicant, an unpaid intern or volunteer, or a contractor. Harassment is prohibited in all California workplaces, even those with fewer than five employees. The California Family Rights Act (CFRA) and the California Equal Pay Act also protect California workers from discrimination. California employees have the legal right to compensation if their employers violate federal and state discrimination laws. The experienced and knowledgeable employment law attorneys at Moss Bollinger will help ensure that your rights as a California worker are protected if your employer has engaged in any illegal conduct under federal or California law. Contact Moss Bollinger today.
All states are required to comply with the federal Fair Housing Act. In addition, the State of California has extended housing discrimination laws to cover other protected groups. The Fair Employment and Housing Act (Gov’t. Code §§12900–12996) and Unruh Civil Rights Act (Civ. Code §51) are California’s primary fair housing laws, although there are other laws that directly impact the fair housing rights of California residents. California fair housing laws prohibit discrimination because of race, color, national origin, religion, sex, familial status, and disability—just like federal law. In addition, California outlaws discrimination in housing because of a person’s:
The Department of Fair Employment and Housing accepts and investigates complaints of illegal housing discrimination in California. The federal and California anti-discrimination laws entitle certain persons to file an employment discrimination claim against an employer. These individuals are those considered under the law to belong to a protected class. Under the law, it is illegal for an employer to adopt policies that treat certain workers differently or impact them differently simply because of their status. This means that if your employer subjects you to unlawful negative treatment such as refusing a raise that you have earned, you may be able to seek redress against them. However, in order to establish your claim, you must first show that you belong to a protected class and were discriminated against on that basis. While this may seem straightforward in theory, it is rarely that easy in practice. Employment discrimination laws exist both at the federal and California level and while most of the provisions overlap, there are material differences. Although many of these protected classes seem obvious, it makes sense to approach a qualified employment discrimination lawyer for comprehensive legal advice on your case. At Eldessouky Law, our California employment discrimination lawyers specialize in providing advice to individuals like you that suspect they may have been victims of employment discrimination. We represent employees from all walks of life. If you believe your rights have been violated, talk to our California employment lawyers today. In this article, we will discuss what you need to know about what protected classes are, the types of protected classes in California, and how to tell which class you belong to. Protected classes in California include Race, Color, Ancestry, National Origin, Sexual orientation, Gender identity and expression, Sex, Pregnancy, childbirth & related medical conditions, Religion, Disability, Age (for persons 40 and older), Military or veteran status, Status as a victim of domestic violence, assault or stalking, Genetic information, Political affiliation or activities, Medical or health conditions, and Marital status. Need Legal Help? Let’s talk. or, give us a ring at 714-409-8991. What is the law on employment discrimination?There are a variety of state and federal laws that prohibit discrimination in the workplace. California’s major law on employment discrimination is the Fair Employment and Housing Act (FEHA), while a number of statutes govern employment discrimination at the federal level. Amongst US states, California has one of the most comprehensive bodies of law protecting classes of individuals from discrimination in the workplace. The purpose of the law, as stated in the FEHA, is to uphold the “right and opportunity of all persons to seek, obtain and hold employment without discrimination…” Under both California and federal law, “any person” can seek the protection of the anti-discrimination laws so long as they are:
However, to bring a case against an employer for unlawful negative treatment, a victim must establish certain facts. According to the court in Guz v. Bechtel National, Inc. (2000) 24 Cal. 4th 317, 353., you must show that you:
What does it mean to be in a protected class in California?A protected class is a characteristic possessed by a group of persons which makes them more susceptible to discrimination. They are legally protected from discrimination based on these characteristics. For example, certain people who belong to a particular race or are of a particular age may be treated unfairly simply because of that fact. FEHA and other federal laws declare those characteristics of age and race to be protected, in order to safeguard the right of persons possessing these characteristics to fair employment. Other types of protected classes include sex, color, national origin and disability. Protected classes do not only include minorities and other obvious classes though. It is likewise illegal to discriminate against people in the workplace on account of their medical status, genetic information, political affiliation and several other characteristics. How do I know I am in a protected class in California?There are several state and federal laws that protect certain classes of persons from discrimination in the workplace. While most of these provisions overlap, they are not always similar. If you possess any of these characteristics, you may seek the protection of the law if you have been treated unfairly by your employer. Contact the California employment discrimination lawyers at Eldessouky Law to understand your rights and options. Protected classes under federal lawAt the federal level, different statutes were enacted at different times to prohibit workplace discrimination. These statutes and the classes they protect are as follows:
There are no federal laws that protect against discrimination on the basis of sexual orientation or gender identity at the moment. The EEOC is the federal agency responsible for administering and enforcing these laws. Protected persons under California lawCalifornia has a much more robust system for ensuring the rights of protected classes to fair employment. It has a more comprehensive list of protected classes than what is provided under federal law. The Family Rights Act, California Equal Pay Act and FEHA protect California employees from discrimination on the basis of:
Related Reads: Can a Job Refuse to hire me because I am Pregnant? How do I determine which law applies to me?Since there are material differences between FEHA and other federal law on employment discrimination, there may be instances where you may be protected under one law but not the other. For instance, while FEHA specifically prohibits discrimination on the basis of sexual orientation, there is no federal law on the matter. This means that if you have been unfairly treated on the basis of your sexual orientation, remedy may not exist under federal law. In some instances, you may be entitled to choose which law you want to file your claim under. The Civil Rights Act allows employees to file their complaints under laws that provide equal or greater protection than what is contained in the Act. California Federal Sav. & Loan Ass’n v. Guerra (1987) 479 U.S. 272, 281. So you can choose the law that favors you better. However, there are other instances where only one of California or federal laws can apply to you. In these instances, you can only file under either law, even if you would obtain more favorable compensation elsewhere. How do you determine which one would apply? Consider these tips.
Talk to a qualified employment discrimination lawyerDetermining whether you belong to a protected class and what law applies to you will be crucial to establishing your claim for employment discrimination. While this can be straightforward in some cases, it is far from easy in most. An expert California employment discrimination attorney such as Mohammed Eldessouky can help you understand your rights and how the law applies to you. If you have been mistreated at work simply because of your protected characteristics, reach out to us immediately. We are available 24/7 on 714-409-8991. Who is protected by California Fair employment Housing Act?The California Fair Employment and Housing Act (FEHA) is the primary law that provides employees with protection from discrimination, retaliation and harassment in employment. All employment provisions of FEHA's anti-discrimination provisions apply to all employers with five or more full-time or part-time employees.
What is a protected class in California?Race. Color. Religion (includes religious dress and grooming practices) Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions)
What are the 5 original protected classes?The seventh amendment of the Civil Rights Act of 1964, Title VII, outlines five major protected classes: race, color, religion, sex and national origin.
Which of the following is a protected class?What are the protected classes? Under federal law, employers cannot discriminate on the basis of race, color, national origin, religion, sex, age, or disability.
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Which of these is a protected class under the California Fair Employment and Housing Act?
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