The California Fair Employment and Housing Act (FEHA) prohibits discrimination against applicants, employees, unpaid interns, and volunteers based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition (specifically cancer-related conditions and genetic characteristics), genetic information, marital status, sex, gender, gender identity, gender expression, age (40 years and older), sexual orientation, or military and veteran status. It includes discrimination based on a 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. 12940 et seq.). An employer or employment agency is not prohibited from making age inquiries of employment applicants or specifying age limitations for employment where required by law.
Sheltered workshop employees. An individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility may bring an action under FEHA for any form of harassment or discrimination (CA Gov. Code Sec. 12926.05). An employer has an affirmative defense by proving that the challenged activity was permitted by statute or regulation and that it was necessary to serve employees with disabilities under a special license.
The law covers all public employers and private employers with five or more employees, regardless of whether the employees’ worksite is located within or outside of California. Employees on paid or unpaid leave are also counted.
Employees located outside of California are counted for purposes of coverage but are not themselves covered by FEHA if the ...