The Fair Employment and Housing Act (FEHA) prohibits employers of five or more persons from discriminating against applicants, employees, or independent contractors from a job or training program because of national origin or ancestry. This prohibition includes discrimination based on an employer's perception that a person is a member of a protected class or is associated with a person who is, or is perceived to be, a member of a protected class (CA Gov. Code Sec. 12940et seq. FEHA applies to all public employers and private employers with five or more employees.
AB 60 Licenses. Discrimination on the basis of national origin also includes discrimination on the basis of an employee’s possession or presentation of an “AB 60” or “Federal Limits Apply” driver’s license. These are licenses that, as of January 1, 2015, are granted to California residents who, though able to submit proof of identity and California residency, are unable to submit proof that their presence in the United States is authorized under federal law.
Retaliation. California employers are prohibited from taking “adverse actions” against employees, former employees, and prospective employees who exercise a right—for example, filing a claim of wage violation—under state law.
“Adverse action” also includes reporting, or threatening to report, an employee’s, former employee’s, or prospective employee’s suspected citizenship or immigration status (or the suspected status of that individual’s family member) to a federal, state, or local agency. Violations of the law are subject to civil penalty up to $10,000 per employee, per violation. In addition, violators may be subject to revocation of certain business or professional licenses granted ...