Employment discrimination happens when an employer treats an employee differently based on discriminatory intent or bias rather than a legitimate business reason. In California, the legal standard for employment discrimination revolves around whether any protected categories (or discriminatory factors) were a “substantial motivating factor” in an employment decision, such as hiring, pay, promotion, or termination. The protected categories under the California Fair Employment & Housing Act are:
PROTECTED CATEGORIE
- Age (over 40)
- Ancestry
- Citizenship Status
- Color
- Disability ( physical or mental)
- Gender (including gender identity, gender expression, facility access, and pronoun preference)
- Genetic Information
- Marital Status
- Medical Condition
- Military or Veteran Status
- National Origin
- Physical or Mental disability
- Pregnancy (including childbirth, breastfeeding, or related medical conditions)
- Race (including natural hairstyle)
- Religious Creed (including religious dress and grooming practices)
- Reproductive Health Decisions
- Sex
- Sexual orientation (LGBTQ+)
- Use of Cannabis off the job and away from the workplace
The antidiscrimination protection extends to individuals who are perceived to be members of a protected category or who are associated with someone who is a member of a protected category.
FEHA applies to employers with five or more employees, although its anti-harassment provisions apply to employers with just one or more employees. Employees can enforce their rights under FEHA by filing a complaint with the California Civil Rights Department (CRD)or filing a private lawsuit. Before filing a lawsuit, the affected employee must file a complaint with the CRD to exhaust administrative remedies before filing a lawsuit. An affected employee may also request an immediate right-to-sue letter without waiting for the CRD to complete an investigation.