Protected Classes in California Discrimination Laws

A protected class in California is a group of individuals who are shielded from discrimination under local, state, or federal laws. There are federal anti-discrimination laws in the United States, such as the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.

These laws outline characteristics that can define a protected class. Characteristics include, but may not be limited to, gender, age, race, disability, national origin, religion, and more.

Gender-Based Protections

Gender includes the behavioral, cultural, and societal attributes that are associated with being female or male. Title VII of the Civil Rights Act of 1964 addresses gender discrimination, especially in workplaces.

These protections extend to issues surrounding pregnancy, childbirth, and other related medical conditions.

Protecting Older People

Age can be an important issue in the context of job opportunities and workplace bias towards older people. The Age Discrimination in Employment Act (ADEA) protects workers over the age of 40 by ensuring they are not disadvantaged solely based on their age.

Race and Federal Protection

Race includes the shared biological or social qualities of a group of people. The Civil Rights Act of 1964 addresses issues of racial discrimination in employment, public services, and housing.

This Act makes any type of discrimination or differentiation based on race by an employer.

Disability and Accommodations

Disabilities include mental or physical conditions that may restrict someone’s regular activities. The Americans with Disabilities Act (ADA) protects individuals with disabilities, especially in the workplace.

This Act also requires employers to make reasonable accommodations for any employee with a disability.

National Origin and Cultural Identity

National origin refers to someone’s ancestry, birthplace, or unique cultural identifiers. The Civil Rights Act of 1964 prohibits discrimination based on someone’s national origin, helping to ensure equal opportunities for all, no matter their cultural background.

Religion and Workplace Adaptability

Religion is an organized set of practices and beliefs. Title VII of the Civil Rights Act of 1964 protects people from being discriminated against because of their religious beliefs.

This Act also requires that all employers reasonably adapt to their employees’ religious needs.

Sexual Orientation and Gender Identity Protections

Although Title VII of the Civil Rights Act of 1964 does not specifically mention gender identity or sexual orientation, the Supreme Court, in 2020, ruled that these are also protected under the provision in the Act that addresses sex discrimination.

To find out more about protected classes and exactly what they include, it can be helpful to have a lawyer consultation.

What Is Not Considered a Protected Class?

There are certain groups that are not considered protected classes under federal anti-discrimination laws. Discrimination that is based on income level, political affiliation, or physical appearance are generally not protected by federal laws.

Income Level

An individual’s income level can change based on different factors, including personal decisions, job opportunities, and education. This is not considered a protected class because of the complications related to defining income and all of the factors that contribute to it.

Although there are no federal protections for income level, some local and state jurisdictions do offer some safeguards for some categories, including lower-income demographics.

Political Affiliation

Political affiliation is typically not protected because of freedom of speech and association under the First Amendment. This allows individuals to freely associate with political ideologies or parties.

Because these beliefs are personal preferences and may change, it is argued that they do not warrant the same protections as immutable characteristics, such as gender and race. Some local jurisdictions and states, however, do provide some protections based on their political beliefs, especially in employment settings.

Physical Appearance

Physical appearance is not federally protected for many different reasons. This is a very subjective issue and can vary widely between people, making it hard to uniformly codify and enforce.

It is important to note, however, that some aspects of someone’s appearance, such as disability-related factors and religious garments, may be protected under other categories.

Why Does Legislation Identify Protected Classes?

Legislation identifies protected classes because protecting certain groups can help ensure equal treatment under the law as well as prevent discrimination in aspects of life, such as education, employment, and housing. Discrimination can detrimentally affect people in many aspects of their lives.

Identifying protected classes aims to help create an even playing field for all people. A California lawyer can help an individual determine if they are included in a protected class and what remedies they may have for discrimination they suffered.

What Are Examples of Discrimination Against Protected Classes in California?

There are numerous examples of discrimination against protected classes in California. Specific examples based on protected classes are discussed below.

• Religious Beliefs: An employer is prohibited from discriminating against someone based on their religious beliefs. They must also make a reasonable accommodation for their employee’s religious practice unless it causes them undue hardship.
  • This may include giving the employee breaks to pray.
• Pregnancy: The Pregnancy Discrimination Act, an amendment to the Civil Rights Act, protects women from being discriminated against or terminated because of pregnancy.
• Veteran status: There are laws that protect veterans from discrimination in employment, even though it is not a federally protected class in the same manner as race or age.
• Race and Color: Hiring individuals of one race over another constitutes racial discrimination and is prohibited under the Civil Rights Act of 1964.
• Age: The Age Discrimination in Employment Act protects individuals who are 40 years of age and above from being discriminated against in favor of younger candidates during hiring, promotions, or layoffs.
• Disability: The Americans with Disabilities Act prohibits an employer from discriminating against someone with a disability and requires reasonable accommodations.
  • This may include allowing a worker to sit while working when it is not typically allowed.

What Are “Immutable Characteristics” Concerning Anti-Discrimination Laws?

Immutable characteristics are traits that someone cannot change or control, such as their birth gender or race. Individuals are protected from discrimination based on the characteristics under laws because these characteristics are considered beyond their control and should not affect the opportunities they receive.

In California, What Should I Do if I’ve Been Discriminated Against?

If someone has faced discrimination in California, they should file a claim with the Equal Employment Opportunity Commission (EEOC). This is the federal agency that handles workplace discrimination issues and enforces anti-discrimination laws.

Someone who is facing discrimination should take the following steps:

• Document the Incident: Keep records of any incidents or communications that show discriminatory behavior.
• File an Internal Complaint: If the employer has an HR department, an employee should file a formal complaint.
• Contact the EEOC: If the internal HR process does not help or the worker is not happy with the outcome, they can file a discrimination claim with the EEOC.
• Legal Action: Depending on the outcome of the EEOC investigation, a worker may be able to file a discrimination lawsuit against their employer.

Should I Talk to a Lawyer if I’ve Been Discriminated Against in California?

If you have faced discrimination in California, it is essential to consult with a California discrimination lawyer. Your lawyer can help you navigate applicable anti-discrimination laws, assist you with filing your claims with your employer and the EEOC, and determine whether you can file a lawsuit.

Your discrimination attorney will be able to explain the possible outcomes and remedies available in your specific situation. Additionally, your attorney can help you negotiate with your employer if you want to reach a different resolution, such as reinstatement to your former position.

LegalMatch’s free lawyer matching services make it easy for you to find a lawyer today in as little as 15 minutes online. Once you submit your California discrimination issue or question, you will get responses from member attorneys in around a business day from people who are ready to help.