Applicants, employees and former employees
are protected from employment discrimination based on race,
color, religion,
sex (including
pregnancy,
sexual orientation, or
gender identity),
national origin, age (40 or older),
disability and
genetic information (including family medical history). Applicants, employees and former employees are also protected from
retaliation (punishment) for filing a charge or complaint of discrimination, participating in a discrimination investigation or lawsuit, or opposing
discrimination (for example, threatening to file a charge or complaint of discrimination). See also: Who is an "employee" under federal
employment discrimination laws? Employee Rights What is retaliation and how can I prevent it? Manager Responsibilities - Treating Employees Consistently Example - Justifying Inconsistent Treatment What Employment Discrimination Looks LikeThese state laws barring discrimination apply to all business practices, including the following:
The Fair Employment and Housing Act (FEHA) applies to public and private employers, labor organizations and employment agencies. It is illegal for employers of 5 or more employees to discriminate against job applicants and employees because of a protected category, or retaliate against them because they have asserted their rights under the law. The FEHA prohibits harassment based on a protected category against an employee, an applicant, an unpaid intern or volunteer, or a contractor. Harassment is prohibited in all workplaces, even those with fewer than five employees. The California Family Rights Act (CFRA) requires employers of 5 or more employees to provide an eligible employee with job-protected leave to care for a child, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition, and for the employee’s own serious health condition. An eligible employee may also take job-protected leave to bond with a new child by birth, adoption, or foster care placement, within one year of the child’s birth, adoption, or foster placement. “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee or the employee’s domestic partner, or a person to whom the employee stands in loco parentis. “Parent” includes a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. Employers of 5 or more employees must provide up to four months of disability leave for an employee who is disabled due to pregnancy, childbirth, or a related medical condition. To find out if you qualify for job-protected leave due to pregnancy disability or bonding with a new child, see our Interactive App on Job-Protected Leave. Employers of 5 or more employees are required to provide sexual harassment training to supervisory and nonsupervisory employees, and CRD accepts complaints when a person believes that an employer has not complied with these training and education requirements. What is ProtectedCalifornia law protects individuals from illegal discrimination by employers based on the following:
Available Remedies for Employment DiscriminationState law provides for a variety of remedies for victims of employment discrimination, including:
FAQThe FEHA applies to public and private employers, labor organizations, apprentice training programs, employment agencies, and licensing boards. An employer can be one or more individuals, partnerships, corporations or companies. Employers of five or more are subject to the FEHA’s prohibition against employment discrimination. Harassment is prohibited in all workplaces, even those with only one employee or independent contractor on staff. “Employer” does not include the federal government or a non-profit religious association or corporation. Any applicant or employee—or an individual who works in a sheltered workshop or rehabilitation facility—can file an employment discrimination complaint with CRD. This includes applicants for training programs leading to employment. An employee, applicant, unpaid intern, volunteer, or contractor may file a complaint of harassment. In general, a complaint of employment discrimination must be filed within three years from the date an alleged discriminatory act occurred. You must file a complaint with CRD even if you wish to file a case directly in court. If you wish to go to court, you can request an immediate “right to sue” notice when you file your complaint. No. The FEHA applies to California workers regardless of their citizenship or immigration status. CRD does not inquire about citizenship or immigration status. If a complaint has been filed with EEOC, it will automatically be filed with CRD as well, although the EEOC will usually investigate. If a complaint is filed with CRD and alleges facts that would violate a law enforced by the EEOC, the complaint is automatically filed with EEOC, although CRD will usually investigate. The worksharing agreement between CRD and EEOC is posted on our website. Start by filing an “Intake Form.” You can find that form using any of the following methods:
If you have a disability that prevents you from submitting a written pre-complaint form online, by mail, or email, the CRD can assist you by scribing your pre-complaint by phone or for individuals who communicate by American Sign Language through the relay system. Contact the Communication Center 800-884-1684 (voice or 711 relay operator) or 800-700-2320 (TTY) or by email to to schedule an appointment. CRD gathers evidence to determine if the complainant’s allegations can be proven. The individual filing the complaint is called a complainant and the employer is called a respondent. The investigation process includes gathering evidence from both sides, interviewing the parties and witnesses, and reviewing records. An investigation may be conducted on site and/or through telephone interviews. CRD has the authority to take interviews under oath, issue subpoenas and interrogatories and seek temporary restraining orders during the course of its investigation. All evidence gathered is analyzed to determine if a violation of the Fair Employment and Housing Act has occurred. In general, CRD has up to one year from the date a CRD complaint is filed to complete an investigation. CRD retains records for 3 years after an investigation is closed. No. During the investigation, CRD acts as an objective fact-finder, gathering evidence to determine whether the complainant’s allegations can be proven. CRD does not represent either the complainant or the respondent. If the investigation establishes that there is evidence to support the complainant’s allegations, and the parties do not reach a settlement, CRD’s Legal Division reviews the case for potential litigation in court. CRD has attorneys who prepare and file cases in court. When CRD decides to sue, it files a civil lawsuit in the name of the Civil Rights Department against the employer. CRD attorneys represent the Department, not the individual complainant. The complainant is a real party in interest in the lawsuit. Although the assigned CRD attorney is not the complainant’s personal legal advisor, the complainant’s interests are important in the litigation, and the complainant receives 100% of any remedies recovered, with the exception of attorney fees and costs. CRD does not charge complainants attorney fees or expert witness fees, nor does it take a percentage of any award or settlement. The remedies available for employment discrimination include:
Not if the employee used CFRA or FMLA leave for the employee’s own serious health condition. When an employee with a serious health condition can’t return to work after 12 weeks of CFRA or FMLA leave, the employer must initiate an interactive process to consider reasonable accommodations such as additional leave. Not if the employee (a) is disabled and entitled to leave or time off as a reasonable accommodation, or (b) has a “serious health condition” and qualifies for leave under CFRA or FMLA.
FAQ: Pregnancy Disability
You may be entitled to accommodations if you have a pregnancy disability. Accommodations are changes to the work environment that allow you to perform your job. Examples of changes or accommodations are:
Whether you are entitled to any particular accommodation will depend upon the circumstances of your pregnancy-related disability and your workplace. Pregnancy Disability Leave, or PDL, is leave from work to accommodate employees with a pregnancy disability. Your health care provider will recommend how long you need to take leave from work, but you are entitled to up to four months of PDL per pregnancy. (Cal. Code Regs., tit. 2, § 11042). This leave is in addition to any other leave for which you may be eligible under the Fair Employment and Housing Act (FEHA), California Family Rights Act (CFRA), other state laws and local ordinances, or your employer’s leave policies. If your employer has a policy of providing more than four months of leave for other disabilities, then your employer must also provide you the same leave, if required by your pregnancy-related disability. If your employer employs five or more employees and you have a pregnancy disability, you are eligible for PDL. There is no minimum requirement for number of hours or years worked to be eligible. Your health care provider should recommend PDL for you to apply for it. (Cal. Code Regs., tit. 2, §§ 11035(h) & 11037).>
If you think you may have to take time off from work for your pregnancy-related disability, inform your employer as soon as possible. If possible, give your employer 30 days’ notice. Your employer must give you a written guarantee that you will be reinstated to your same job after PDL, if you request it. Your employer may require that you provide a written medical certification from your health care provider substantiating your need for leave. (Cal. Code Regs., tit. 2, §§ 11050(a)-(b) & 11042(c)). It is illegal for your employer to fire you because you are pregnant or because you take PDL. However, PDL does not protect you from employment actions not related to your pregnancy, such as layoffs. Employers are otherwise required by law to reinstate you to the same job you had before taking leave. In some situations, you may be reinstated to a position that is comparable (same tasks, skills, benefits, and pay) to the job you had before taking PDL. (Gov. Code, § 12945; Cal. Code Regs., tit. 2, § 11043). Yes. Your employer is required to reinstate you to your original job after you are no longer disabled by pregnancy. In some situations, you may be reinstated to a comparable job (same tasks, skills, benefits, and pay). (Cal. Code Regs., tit. 2, § 11041(d)). Maybe. If your employer pays employees for other temporary disability leave, then your employer must pay you for your PDL. You will be paid if you use paid vacation or paid time off during your PDL. You may also collect partial wage replacement if you pay into State Disability Insurance (SDI). (Cal. Code Regs., tit. 2, § 11044(a)). You may also be eligible for paid leave through other state laws or local ordinances, such as Paid Family Leave Benefits. For more information please visit EDD’s “Am I Eligible for Benefits?” page. Your employer may require you to use available sick leave during PDL. If your employer does not require you to use available sick leave during PDL, you may use it at your discretion. Your employer may not require you to use vacation or paid time off. You may use vacation or paid time off at your discretion during PDL. (Cal. Code Regs., tit. 2, § 11044(b)). Yes. Your employer is required to pay for the continuation of your group health coverage (if you are covered by your employer) for all four months of your PDL. (Cal. Code Regs., tit. 2, § 11044(c)). No. You will not lose seniority or benefits while taking PDL. If your employer allows employees to accrue seniority and/or benefits while on other temporary disability leave or during sick or vacation leave, then you will continue to accrue seniority and/or benefits while on PDL. (Cal. CodeRegs., tit. 2, § 11044(d)-(e)). If you have completed your four months of PDL, you may be eligible for leave under CFRA and you are still entitled to “reasonable accommodation” under FEHA, which may include additional time off from work (see information about CFRA below). (Gov. Code, §§ 12945, 12945.5; Cal. Code Regs., tit. 2, §§ 11040, 11047, 11087(o) & 11093(e)). A reasonable accommodation is a change in the work environment or the way a job is done in order to accommodate your pregnancy disability while still performing the essential functions of your job. This can include taking more leave from work. Talk to your health care provider and your employer about necessary reasonable accommodations. (Gov. Code, § 12945; Cal. Code Regs., tit. 2, §§ 11035(s) & 11046(c)(2)).
Yes – if you qualify. After you take PDL, you may be entitled to 12 additional weeks within 12 months of birth, adoption, or beginning of foster care, to bond with your new child under CFRA. Both parents of the child may be entitled to bonding leave. CFRA leave may be limited to 12 weeks total for both parents if both parents work at the same company. However, CFRA has different requirements than PDL. CFRA leave may also be taken to care for a sick family member. (Cal. Code Regs., tit. 2, § 11087(h), (m), & (o)). Maybe. The FEHA is clear that PDL operates in addition to other provisions of the Act. You therefore may be entitled to leave as a reasonable accommodation, even beyond what PDL requires. You may also be entitled to leave under the Family & Medical Leave Act (FMLA). Both parents are entitled to FMLA leave. See chart below for more FMLA information. DFEH does not enforce FMLA because it is a federal law under the jurisdiction of the United States government. Please visit Department of Labor’s site for more information. Additionally, you may be entitled to leave under FMLA to care for a family member. (Cal. Code Regs., tit. 2, § 11045). Finally, you may be entitled to leave under local ordinances. The chart below sets forth only the benefits afforded for pregnancy leave. You are entitled to take leave under each law—PDL, CFRA, and FMLA—if you qualify. PDL and FMLA may run at the same time. CFRA will be counted separately from PDL. CFRA will also be counted separately from FMLA taken for pregnancy disability, childbirth, or related medical conditions. PDL and FMLA run at the same time because both cover pregnancy-related medical condition. (Gov. Code, § 12945.2(s)). Yes. Transgender employees who have pregnancy disabilities are entitled to all the same rights and accommodations afforded any other employee with pregnancy-related conditions. (Cal. Code Regs., tit. 2, § 11035(f)-(g)). No. It is illegal for an employer to terminate, punish, refuse to hire, harass, or discriminate against you for taking PDL or reasonable accommodation for your pregnancy-related condition. (Gov. Code, § 12945; Cal. Code Regs., tit. 2, §§ 11036 & 11039).
If you think your rights have been violated, you may file a complaint with DFEH within one year of the date of violation. Visit www.dfeh.ca.gov or call 1 (800) 884-1684 (voice) or email . If you are deaf or hard of hearing, please call (800) 884-1684 (through California’s Relay Service by dialing 711) or (800) 700-2320 (TTY) or email . You may also be able to file a complaint with the Equal Employment Opportunity Commission.
PDL calculations Your four months of PDL are calculated based on how many hours you work per week. For this calculation, four months equals 17⅓ weeks. Take the average number of hours you work per week and multiply that number by 17⅓. That will give you the number of hours of leave you are entitled to in your “four months” of PDL. (Cal. Code Regs., tit. 2, § 11042(a)). # of hours worked per week Quick Reference chart # of hours worked per week 12208 FAQ: Sexual HarassmentState regulations define sexual harassment as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list of prohibited behavior:
By January 1, 2021, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California within six months of their assumption of a position. This training must be provided once every two years. Employers must provide sexual harassment prevention training in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days. Any training must explain:
Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions. Employers having five or more employees must train all supervisors in California, as well as nonsupervisory employees in California. A supervisor is anyone with authority to hire, fire, assign, transfer, discipline, or reward other employees. A supervisor is also anyone with the authority to effectively recommend (but not necessarily take) these actions if exercising that authority requires the use of independent judgment. There are three types of qualified trainers:
Neither DFEH nor any other state agency issues licenses or certificates validating a person’s qualifications to teach sexual harassment prevention training classes. If you experience sexual harassment that rises to the level of violence or assault, you should immediately contact law enforcement. Please see the California Attorney General’s webpage on Sexual Violence for more information about sexual violence and available resources for victims of such violence. Which of these is a protected class under the California Fair Employment and Housing Act?California's Fair Employment & Housing Act (“FEHA”) protects employees from illegal discrimination and harassment in employment based on race, color, religion, sex (pregnancy or gender), sexual orientation, marital status, national origin, ancestry, mental and physical disability (including HIV/AIDS), medical condition ...
What groups are protected from discrimination?Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).
What are the 10 protected classes in California?Protected Classes. Color.. Religion (includes religious dress and grooming practices). Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions). Gender identity, gender expression.. Sexual orientation.. Marital status.. |