- Glicel Sumagaysay
California Discrimination Law
California law, and specifically, the Fair Employment and Housing Act (FEHA), prohibits discrimination and harassment in the workplace on the basis of:
RaceAge (40 and over)
Ancestry
Color
Religious Creed (including religious dress and grooming practices)
Denial of Family and Medical Care Leave
Disability (mental and physical) including HIV and AIDS
Marital Status (unmarried, married, divorced, widowed)
Medical Condition (cancer and genetic characteristics)
Genetic Information
Military and Veteran Status
National Origin (including language use restrictions)
Sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding)
Gender, Gender Identity, and Gender Expression
Sexual Orientation
California law also prohibits retaliation for opposing discriminatory or harassing practices on the above bases. Discrimination can be an adverse action based on the above protected statuses, such as an unfavorable performance review, an action affecting the ability to be promoted, an action affecting one’s pay, or termination.
California employees or former employees of employers with five or more employees must file a complaint of discrimination with the Department of Fair Employment and Housing (DFEH) within one (1) year from an incident of discrimination before they can file a lawsuit in court.
To ensure that you file a timely complaint with the DFEH, contact us. Related: Some Tips for California Employees Experiencing Discrimination Harassment or Retaliation at Work