Protected Classes and Discrimination in California
A protected class is a group of people who have specific identifiable traits that have protection under federal and state laws from discrimination in the workplace. Employers cannot use traits, such as gender, age, or race, as the basis for making decisions regarding someone’s employment.
Federal anti-discrimination laws apply to businesses with at least fifteen employees. The identifiable traits included in these laws vary between companies with fifteen to nineteen workers and businesses with twenty or more employees. California’s anti-discrimination laws apply to businesses with at least five employees.
Federal Workplace Discrimination Law
Federal law prohibits employers from discriminating against employees based on identifiable traits, such as:
- Color
- National origin
- Race
- Genetic information
- Age (40 or older)
- Disability
- Sex, including gender, pregnancy, and sexual orientation
- Religion
State law prohibits employers from discriminating against employees based on identifiable traits, such as:
- Disability, physical and mental
- Race, color
- Marital status
- Gender identity, gender expression
- Veteran or military status
- National original, ancestry
- Medical condition
- Sex, gender, including breastfeeding, pregnancy, childbirth, or related medical conditions
- Genetic information
- Religion, creed
- Sexual orientation
- Age (40 and over)
Some cities also enact laws to protect people in a protected class from discrimination based on other traits. For example, it is illegal for an employer in San Francisco to discriminate against an employee because of their weight and height.
Prohibited Employment Practices and Policies
Federal law prohibits various employment practices. Employers cannot discriminate against employees and job applicants of a protected class. Common aspects of employment that are protected by federal law include:
- Employment references
- Job assignments
- Job advertisements
- Background checks
- Job applications and hiring practices
- Benefits and pay
- Promotions
- Job referrals
- Decisions regarding discharge and discipline
- Recruiting new employees
Common Forms of Workplace Discrimination
Federal and state laws about workplace discrimination cover a range of scenarios. Local statutes might prohibit discrimination against specific identifiable traits that aren’t a factor under state laws. Understanding these laws is vital to know whether you have a legal case to pursue against your employer.
Common forms of discrimination in the workplace include:
