Federal and California law both prohibit employers from making job decisions based on certain personal characteristics. These characteristics are known as “protected classes,” and understanding them is the first step in recognizing whether workplace treatment crosses the line into illegal discrimination.
What Is a Protected Class?
A protected class is a group of people who share a characteristic that the law shields from discrimination in employment, housing, and other areas. Employers found to have violated these protections can face legal liability regardless of whether the discrimination was intentional or resulted from a policy that disproportionately affected a protected group. Under California’s Fair Employment and Housing Act (FEHA) and federal statutes like Title VII of the Civil Rights Act, employers cannot use these characteristics as the basis for hiring, firing, promotion, pay, or other employment decisions.
Protected Classes Under California Law
California’s FEHA is one of the broadest anti-discrimination laws in the country. Protected characteristics include:
- Race, color, and ancestry
- National origin and citizenship status
- Religion and religious creed
- Sex, including pregnancy, childbirth, and related medical conditions
- Gender, gender identity, and gender expression
- Sexual orientation
- Age (40 and over)
- Physical or mental disability
- Medical condition or genetic information
- Marital status
- Military or veteran status
These categories often overlap. An employee may belong to more than one protected class at the same time, such as being an older worker with a disability, and mistreatment can stem from any single characteristic or a combination of several. Courts and agencies evaluate each claim based on its specific facts, so no two discrimination cases look exactly alike.
Recent Expansions to Protected Status
California has steadily broadened FEHA’s protections over the years. Amendments have clarified that hairstyles historically associated with race, such as braids and locks, are protected under the CROWN Act, and that reproductive health decisions fall within the sex discrimination framework. These updates reflect a trend toward interpreting protected class status more expansively, and employers are expected to stay current with these changes when drafting policies and handling personnel decisions.
How Discrimination Can Show Up at Work
Discrimination based on protected classes is not always obvious. It can appear as unequal pay, being passed over for a promotion, disciplinary action applied inconsistently, harassment, or termination that coincides suspiciously with an employer learning about a protected characteristic. In many cases, employees only recognize a pattern after comparing how they were treated relative to coworkers outside their protected class.
Documenting Potential Discrimination
Employees who suspect they are being treated unfairly because of a protected characteristic should keep records of relevant emails, performance reviews, schedules, and comments made by supervisors or coworkers. Contemporaneous notes about specific incidents, including dates, witnesses, and what was said or done, can make a significant difference if a claim is later filed with California’s Civil Rights Department or in court. Employees facing adverse treatment tied to a disability may also want to review our guide to disability discrimination under California law for a closer look at that specific protected class.
Protected Classes and Filing a Claim
If you believe you were treated poorly because of your membership in one of these protected classes, timing matters. California generally requires employees to file a complaint with the Civil Rights Department within three years of the discriminatory act before pursuing a lawsuit, so acting promptly helps preserve your rights.
What Employees Can Do
Employees who believe they have been treated unfairly because of a protected characteristic can file a complaint with California’s Civil Rights Department or the federal Equal Employment Opportunity Commission (EEOC). Depending on the circumstances, employees may be entitled to back pay, reinstatement, emotional distress damages, and in some cases punitive damages.
At Michael Yerzinkyan Law, we help employees evaluate whether workplace treatment they experienced may amount to unlawful discrimination and what steps they can take next.
This article is intended for general informational purposes and does not constitute legal advice. If you believe you have experienced discrimination based on a protected characteristic, consider speaking with a licensed employment attorney about the specific facts of your situation.
Michael Yerzinkyan Law advises California employees on how these protected-class rules apply to their own workplace situations, and can help you evaluate whether the treatment you experienced crosses the line into unlawful discrimination.