Understanding The 17 Protected Classes for California Workers

State and Federal Protected Classifications in California

In the state of California, there are both state and federally-recognized laws in place to protect individuals from workplace discrimination based on certain characteristics. These characteristics, known as protected classes, are legally protected, and it is illegal for employers to discriminate against individuals based on these conditions and attributes. Understanding these protected classes is crucial for both employers and employees to promote equality and prevent discrimination in the workplace.

The Seventeen Protected Classes in California

Protected classes in California refer to groups of people who share certain characteristics and are legally safeguarded from harassment or discrimination based on those characteristics. The California Department of Fair Employment and Housing (DFEH) recognizes a total of 17 protected classes. These protected classes include:

1. Race
2. Color
3. Religion
4. National origin
5. Ancestry
6. Physical disability
7. Mental disability
8. Medical condition
9. Genetic information
10. Marital status
11. Sex
12. Gender
13. Gender identity
14. Gender expression
15. Age (40 and over)
16. Sexual orientation
17. Military and veteran status

It is important to note that these California-recognized protected classes cover a wide range of characteristics, ensuring that individuals are protected from various forms of discrimination in the workplace.

Understanding Workplace Discrimination in California

Workplace discrimination occurs when an employer treats employees or job applicants unfairly based on their membership in a protected class. The California Civil Rights Department (CRD) enforces state laws that prohibit discrimination based on protected characteristics. The primary law that addresses workplace discrimination is the California Fair Employment and Housing Act (FEHA). The FEHA applies to public and private employers, labor organizations, and employment agencies with five or more employees.

Discrimination can manifest in various business practices, including advertisements, applications, screening, interviews, hiring, transferring, promoting, terminating or separating employees, working conditions, and participation in training or apprenticeship programs. It is important for employers to understand that even practices such as nepotism can potentially lead to workplace discrimination if preferential treatment is given based on marital status.

What to Do if You Experience Workplace Discrimination

If you believe you are a victim of workplace discrimination, it is important to take appropriate action. In most cases, filing a discrimination claim with the California Department of Fair Employment and Housing (DFEH) is the first step. This claim is typically filed before initiating a lawsuit against the employer. The DFEH will investigate the complaint, and if necessary, you may be able to file a lawsuit against your employer.

It is essential to consult with a skilled labor and employment attorney if you experience workplace discrimination. An attorney can provide guidance on the applicable employment laws relevant to your case, help gather evidence, file a complaint with the DFEH or the Equal Employment Opportunity Commission (EEOC), and initiate legal action against your employer if necessary. Most employment attorneys offer free consultations, allowing you to seek legal advice without any cost.

Protection Against Retaliation

Workers in California are protected against retaliation for reporting workplace discrimination or harassment. The FEHA safeguards employees who oppose workplace harassment or discrimination, report violations, or assist with investigations or government inquiries. If an employer retaliates against an employee for asserting their rights or reporting violations, the employee may have grounds to file a complaint with the CRD or pursue a lawsuit for retaliation or wrongful termination.

Legal Remedies for Workplace Discrimination

Employees who experience workplace discrimination may be entitled to various legal remedies. The specific remedies depend on the individual circumstances of each case. Some common legal remedies for victims of employment discrimination include:

Past and future lost earnings: Compensation for lost wages and potential future earnings due to discriminatory actions by the employer.

Hiring/reinstatement: In cases of wrongful termination or failure to hire, the victim may be entitled to reinstatement or preferential treatment in future hiring decisions.

Promotion: Compensation for missed promotions or denial of advancement opportunities due to discrimination.

Out-of-pocket expenses: Reimbursement for any expenses incurred as a result of the discrimination, such as medical expenses or job search costs.

Policy changes: Remedies may involve requiring the employer to implement changes in policies or practices to prevent future discrimination.

Training: Employers may be required to provide training to employees to promote a discrimination-free workplace.

Reasonable accommodation(s): Employers may need to provide accommodations to individuals with disabilities or other protected characteristics.

Damages for emotional distress: Compensation for the emotional distress caused by the discrimination.

Punitive damages: In some cases, punitive damages may be awarded to punish the employer for particularly egregious acts of discrimination.

Attorney’s fees and costs: In successful discrimination cases, the employer may be required to cover the employee’s attorney’s fees and legal costs.

Seeking Legal Assistance for Workplace Discrimination

If you believe you are a victim of workplace discrimination, it is crucial to seek the assistance of skilled workplace discrimination attorneys. At Romero Law, APC, our experienced employment law attorneys in Pasadena are committed to protecting the rights of employees. We offer free consultations and can provide expert advice on the applicable employment laws and potential legal remedies available in your unique situation. Our knowledgeable team can guide you through the process and fight for justice on your behalf.

To schedule a free consultation with our skilled workplace discrimination attorneys in California, contact us today. We understand the challenges you are facing, and we are here to support you in seeking the justice you deserve.

If you need employment litigation, please call Setyan Law at (213)-618-3655. Free consultation.