California Discrimination laws & HR compliance analysis

California Discrimination: What you need to know

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 (including pregnancy, childbirth, breastfeeding, or related medical conditions),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.
Effective January 1, 2020, the term “race” includes traits historically associated with race, including hair texture and protective hairstyles. The term “protective hairstyles” includes hairstyles such as braids, locks, and twists.
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Retaliation prohibited. FEHA prohibits employers from retaliating against any person who opposes any unlawful discriminatory practice, files a discrimination claim, or assists in the investigation or hearing of a discrimination claim. FEHA expressly prohibits employers from retaliating against a person because he or she requests an accommodation based on religion or disability, regardless of whether the accommodation was granted.
The law covers all public employers and private employers with ...

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