California’s Protected Classes: A Review

At-will employment makes it so that an employer can legally terminate an employee at any time for any reason. However, there are protected classes under both state and federal law. Termination or poor treatment based on a protected class status is legally prohibited. Understanding what those protected classes are is the first step in identifying illegal discrimination in the workplace. Below is a review of both federal and state protected classes. 

Under federal law, employers are not permitted to discriminate based on:

• Race
• Color
• Religion
• Sex (including pregnancy, sexual orientation, and gender identity)
• National origin
• Age (if over 40)
• Disability
• Genetic information (including family medical history)

Let’s consider an example. Lisa recently took a new job. Two months in, she announces that she is pregnant. Her employer hired Lisa because they have a large project to complete within the year. Her maternity leave means that the project will not get done on time, so they terminate her employment and begin looking for a replacement. This would be considered discrimination based on sex, and Lisa would have a solid legal case. 

Under California state law, employers are not permitted to discriminate based on:

• Race
• Color
• National Origin
• Religion
• Sex (including pregnancy, childbirth, and related medical conditions)
• Disability 
• Age (if over 40)
• Citizenship status
• Genetic information
• Marital status
• Sexual orientation
• Gender identity and gender expression
• AIDS/HIV
• Medical conditions
• Political activities or affiliations
• Military or veteran status
• Status as a victim of domestic violence, assault, or stalking

Let’s consider another example. Tyler recently underwent a nasty divorce from his wife. Due to her erratic and dangerous behavior, Tyler was granted full custody of the child they share. Every day, his ex-wife arrives at his workplace and attempts to speak with him. Once she is told to leave, she sits in the parking lot for hours on end, intimidating Tyler. Tyler’s boss decides that he does not want to be involved in a domestic dispute and terminates Tyler’s employment. This would be considered discrimination based on Tyler’s status as a stalking victim, and it is prohibited under state law.

If you believe that you have been discriminated against based on either a federal or state level protected class, then contact Para Los Trabajadores for help and representation. We are here to hold your employer accountable.