What Types of Discrimination and Harassment Are Prohibited in the Workplace Under California Law?
The California Department of Fair Employment and Housing (DFEH) protects employees from illegal discrimination and harassment in employment based on:
. Sex (includes pregnancy, childbirth, and related medical conditions)
. Gender, gender identity, and gender expression
. Sexual orientation
. Marital status
. National origin (includes language use restrictions)
. Disability (mental and physical, including HIV and AIDS)
. Medical condition (cancer, or a record or history of cancer)
. Genetic information
. Age (40 and above)
. Denial of family and medical care leave
. Denial of pregnancy disability leave or reasonable accommodation.
This is not an all inclusive list, and not all discrimination is prohibited.
The California Fair Employment Housing Act (FEHA) and the regulations of the (FEHC) also prohibit employers from limiting or prohibiting the use of any language in any workplace unless justified by business necessity. The employer must notify employees of the language restriction and consequences for violation.
(FEHA) and (FEHC) also require that all employers provide information to each of their employees on the nature, illegality, and legal remedies that apply to sexual harassment. Employers may either develop their own publications, which must meet standards as set forth in California Government Code Section 12950, or use a brochure from the (DFEH). The brochures and posters can be found at the following link: Department of Fair Employment & Housing Brochures
Both (FEHA) and (FEHC) require employers with 50 or more employees and all public entities to provide sexual harassment prevention training for all supervisors.
Always check with an attorney with the specific facts for your situation.
The above information is designed to be used in conjunction with an attorney. It should not be used or relied upon without consulting competent legal counsel.