What Are the Protected Classes in California?

There are numerous issues you can encounter in the workplace ranging from wrongful termination, discrimination, harassment, and more. Unfortunately, many employers feel as though they can make decisions for whatever reason because California is an at-will state. However, you should know this only holds true for legal reasons.

In many states, there are protected classes that make it illegal for employers to discriminate against. Recognizing the protected classes can help you understand what rights you have should your employer discriminate against you.

California State Protections

In California, it’s illegal for your employer to make decisions regarding hiring, firing, promotion, raises, and other vital employment options based on any of the following:

• Race
• Color
• National origin (includes language use and possession of a driver’s license issued to persons unable to provide their presence in the United States is authorized under federal law)
• Disability (mental and physical, including HIV/AIDS, cancer, and genetic characteristics)
• Ancestry
• Sex/gender (includes pregnancy, childbirth, breastfeeding and/or related medical conditions)
• Gender identity, gender expression
• Sexual orientation
• Religion (includes religious dress and grooming practices)
• Age (over 40)
• Marital status
• Request for family care leave
• Request for leave for an employee’s own serious health condition
• Request for Pregnancy Disability Leave
• Retaliation for reporting patient abuse in tax-supported institutions
• Medical condition (genetic characteristics, cancer or a record or history of cancer)
• Military or veteran status
• Genetic information

Source: California State Senate

Because of state and federal laws, if your employer discriminates against you for any of these, you have legal options that allow you to hold your employer accountable. You may be able to pursue compensation for damages you experience. If you have been wrongfully terminated and would like to be reinstated, this may be an option.

Federally Protected Classes

Like state law, federal law specifies protected classes in the workplace – although this list is shorter than state law. Under federal law, the following classes are protected from discrimination at work:

• Race
• Color
• National origin
• Sex (including pregnancy, sexual orientation, and gender identity)
• Religion
• Age (40 and over)
• Disability (physical and mental)
• Genetic information
• Citizenship status

It is also essential to remember that California anti-discrimination laws apply to employers with 5 or more employees even if the federal law applies only for those 15 and up. This means that no matter how many staff an employer has, they must still adhere to state regulations in California.

Who Is Protected From Employment Discrimination

State legislation prohibits companies with five or more employees from discriminating against employees, applicants, or former employees based on protected characteristics. California’s Fair Employment and Housing Act, enforced by the Civil Rights Department, primarily governs employment-related matters, including hiring, promotion, pay, training, working conditions, and firing. Individuals falling within one or more of the categories under the statute receive protection under the law. 

Race, Color, National Origin, and Ancestry 

Discrimination against someone’s ethnic characteristics associated with race, skin color, or pigmentation. That also includes harassment based on familial descent or ethnic background. 

Religion, Military or Veteran Status, or Marriage Status

Characteristics, including marriage status, religion, and military or veteran status, are also protected characteristics. That includes religious dress and grooming practices, as well as veteran or active-duty status, reservists, and disabled veterans. 

Sex, Gender, Sexual Orientation, or Request for Pregnancy Disability Leave  

The following also receives protection under legislation: sex, gender identity or expression, sexual orientation, and discrimination based on being heterosexual, homosexual, or bisexual. Also includes pregnancy, childbirth, breastfeeding, request for pregnancy leave, and retaliation for requesting leave for related disabilities. 

Medical Conditions, Disabilities, Genetic Information, Age, Request for Family Care Leave, and Request for Leave for Self  

Genetic characteristics, such as cancer or HIV and AIDS, and mental or physical disabilities. Also includes information about a person’s genetic tests, family medical history, requesting leave under the Family Care Act, and age for individuals 40 and older. 

The legislation’s protections apply statewide and are more far-reaching than those under federal statute. Harassment based on a characteristic or retaliation against someone for filing a complaint is grounds for legal action. Retaliation for reporting harassment, discrimination, or abuse based on a protected class is also grounds for a lawsuit. Anyone discriminated against in a workplace with five or more employees has the right to pursue legal action. Please speak to our compassionate and knowledgeable employment attorney for specific, up-to-date information. 

What a Lawyer Can Do

If you were the victim of harassment or discrimination while at work, and the abuse involved a protected class, you have rights. Consulting with an employment lawyer is an essential first step to ensure you understand and protect your rights. They can guide you through the process, stand up for your rights, and advocate for the best potential outcome in your case. Damages may include back pay, reinstatement, emotional distress, and legal fees. At the initial consultation and case evaluation, they review your situation and case specifics, gather preliminary evidence, and assert the strength of your case under state legislation. If there is cause for legal action, our California employment law firm can help you file a claim with the California Civil Rights Department, including drafting the complaint and reviewing all of your options. 

Our skilled employment attorney can conduct a thorough investigation, prepare you for interviews, and handle communication on your behalf. They also prepare for administrative hearings if necessary and represent you throughout the process. If negotiations do not end in an acceptable settlement agreement, we can prepare the lawsuit, handle the legal work, and help navigate the civil court process from initiation to settlement. Our office has the experience to fight for your rights and the most favorable outcome.

What to Do if You Face Discrimination

If you’ve been a victim of discrimination in the workplace, it’s vital to recognize the steps you should take. It starts with reporting the situation to the proper agency who can help you. The Equal Employment Opportunity Commission (EEOC) helps to regulate discrimination in the workplace, and they should know about whatever situation you endure.

At Levin & Nalbandyan, LLP, we know that discrimination is never easy to endure. You need someone on your side who can help you safeguard your rights moving forward. Our Los Angeles employment lawyers stand ready to give you a voice and protect your rights throughout the process. We are the team that can help you stand up to discrimination.