California Aliens and Immigration laws & HR compliance analysis

California Aliens and Immigration: What you need to know

The Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against applicants or employees based on their actual or perceived 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. 12940 et seq.).
These protections apply regardless of immigration status. Regulations issued by the Fair Employment and Housing Counsel (FEHC) and effective July 1, 2018, provide further guidance, including expansive definitions for the terms “national origin” and “national origin group” and details on prohibited practices such as “English-only” language restrictions (2 CCR 11027.1, 11028).
FEHA applies to all public employers and private employers with five or more employees.
For additional information, visit the Department of Fair Employment and Housing (DFEH) website.
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AB 60 licenses. Discrimination based on national origin also includes discrimination based on 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, ...

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