California FEHA Protected Classes — All You Need to Know

In California, workers have some of the strongest legal protections in the country, largely granted by the Fair Employment and Housing Act. In particular, California FEHA protected classes have specific rights and safeguards in the workplace that prevent discrimination, retaliation, and other negative behaviors. While there are also federal laws that offer similar protections, FEHA expands on those protections and broadens the classes that are protected.

As a worker, there are many things you should know about FEHA. Perhaps most importantly, you should know what options you have if your employer violates this act.

What Is the California Fair Employment and Housing Act?

Originally passed in 1959 and expanded upon over the years, California’s Fair Employment and Housing Act protects employees and job applicants from discrimination, harassment, and retaliation based on protected characteristics. Protected classes include:

• Race
• Ethnicity
• Religion
• Sex
• Gender
• Gender identity
• Sexual orientation
• Pregnancy and related medical conditions
• Color
• Age
• Marital status
• Medical conditions

If an employer violates FEHA, they could be liable for any resulting damages you suffer. Working with an experienced California employment lawyer can help you file a claim with the California Civil Rights Department and recover compensation.

Examples of Discrimination Based on Protected Classes

In 2023, the California Civil Rights Department investigated 5,765 instances of civil rights violations in the workplace. While FEHA prohibits discrimination in the workplace, that doesn’t mean it never happens. Some examples of discrimination in the workplace based on protected classes include:

• An employer refuses to promote a worker because of their ethnicity or accent.
• A company pays female employees less per hour than it pays men for the same job.
• Older employees are getting passed over for promotions.
• An employer refusing to reasonably accommodate an employee’s disability.
• An employee is demoted for taking maternity leave.

This is by no means an exhaustive list of possible discrimination scenarios. If you’ve been discriminated against as a member of a protected class, reach out to an experienced employment law attorney.

What Happens if You’ve Been Discriminated Against?

Across the U.S., workplace discrimination cases have been on the rise in recent years. From 2023 to 2024, the Equal Employment Opportunity Commission saw an 8% increase in reports of discrimination in employment. If you believe you’ve experienced discrimination, state and federal law provide a clear process to protect your rights and pursue compensation:

• File a report with the CRD or EEOC: First, you’ll report the discrimination to the CRD or EEOC, and they’ll determine if there’s enough evidence to warrant an investigation.
• Investigation and mediation: The CRD will launch an investigation, and they may bring in the parties for mediation to resolve the matter quickly.
• Right-to-sue notice: If the CRD finds credible evidence of discrimination but mediation is unsuccessful, you’ll be granted a right-to-sue notice to take your employer to court.
• Negotiations and court claim: At this point, you and your attorney can engage in negotiations with your employer, or you can take them to court to recover compensation.

How TONG LAW Can Help Employees

At TONG LAW, we focus solely on business and employment law, so you can lean on our experience to help you with your case. We’re dedicated to helping employees protect their rights and pursue compensation when their employers violate FEHA. At our firm, we follow the philosophy that no matter how large the issue is, no issue is too small. Your rights matter, whether you were excluded from a training program based on your race or fired because of where you’re from.

We’ll stand by your side whether in settlement negotiations or arguing before a judge in the California Superior Court. Your professional future is on the line, and you shouldn’t have to navigate this process on your own.

FAQs

Q: What Are the Protected Classes Under FEHA?

A: Under California’s Fair Employment and Housing Act, protected classes include race, color, ethnicity, ancestry, religion, gender, sex, sexuality, age, disability, medical condition, marital status, and genetic information. FEHA makes it illegal to discriminate against a person based on these characteristics when it comes to employment or housing. Note, even discriminating on the perception of these characteristics is illegal, regardless of whether a person actually is a member of a protected class.

Q: How Is FEHA Different From Federal Protections?

A: FEHA is different from federal protections like Title VI of the Civil Rights Act because it provides broader protections and isn’t subject to changes to the federal law. While federal laws protect people based on characteristics like race, color, religion, sex, and national origin, FEHA takes it a step further by extending protections to classes including sexuality, gender identity, and marital status.

Q: What Is a Protected Activity Under the FEHA?

A: Under FEHA, protected activity includes an action an employee or applicant takes to assert their rights or oppose discrimination. This means they are protected if they choose to file a report with the Civil Rights Department, participate in an investigation, or speak up about discriminatory practices. Standing up for yourself and others is protected by the law.

Q: What Action Is Illegal Under California’s FEHA?

A: Under California’s FEHA, it is illegal to discriminate against another person in the workplace or housing or harass them based on protected characteristics. What’s more, it’s also illegal to retaliate against an employee or applicant who chooses to exercise their rights, report discriminatory behavior or harassment, or participate in an investigation. Additionally, FEHA makes it illegal to refuse to provide reasonable accommodations for workers or applicants.

Hire an Employment Law Attorney

If your employer has violated FEHA and unfairly harassed or discriminated against you, hire an employment law attorney. You have rights, and you may be entitled to compensation for your boss’s actions. Your attorney can investigate the incident, collect evidence of violations, and help guide you through the process of filing a claim with the CRD.

At TONG LAW, we stand by our clients every step of the way to protect their rights and help them pursue compensation. Contact us today to discuss your case and learn more about your legal options. Let us be your trusted ally throughout your employment law case.