What are the FEHA protected classes in California? California law prohibits employment discrimination based on various personal characteristics. If you work in West Covina or another city in the San Gabriel Valley, it can be helpful to know what these characteristics are so you can identify unlawful workplace treatment. Employees who believe they have been victims of discrimination at work may hire a FEHA lawyer for more information about their rights.
Which Characteristics Does FEHA Protect?
California’s Fair Employment and Housing Act, also referred to as FEHA, protects workers from discrimination if they are in a protected class. FEHA applies to employers with at least five employees for discrimination claims filed by current or former employees. FEHA’s protected characteristics are listed below:
- Religion
- Race
- Sexual orientation
- Gender
- Disability status
- Medical condition
- Age, if 40 or older
- Military and veteran status
- National origin
- Pregnancy
The FEHA protects these traits under California Government Code § 12940, which makes it illegal for employers to discriminate against workers based on these protected characteristics.
In 2024, disability was the most often identified protected basis among California’s Civil Rights Department (CRD) for employment complaints in 2024, accounting for 2,174 complaints. The second and third most commonly cited traits protected under these laws were 1,190 citations for race and 1,257 for sex/gender.
The purpose of FEHA is to protect employees who are treated unfavorably because they are perceived to have a protected characteristic. It can also extend protection to employees who suffer adverse employment actions due to their association with another person who has a protected trait.
Race, Ancestry, and National Origin
FEHA makes it illegal for employers to discriminate based on race, color, national origin, or ancestry. The law goes on to specifically protect other characteristics that have historically been tied to race. For example, California’s definition of race under Government Code § 12926 includes hair textures and styles associated with race.
Discrimination is also prohibited if it’s due to someone’s national origin, which can encompass their heritage or the cultural and linguistic markers of their group.
Gender and Sex
FEHA specifically prohibits employers from discriminating against employees based on sex, gender, gender identity, gender expression, and sexual orientation. California law also defines sex to include childbirth, pregnancy, and breastfeeding.
Disability and Medical Conditions
FEHA also protects qualified employees from discrimination on the basis of physical disability, mental disability, and medical conditions. FEHA defines disability somewhat more broadly than the Americans with Disabilities Act.
Additionally, California employers may be required to provide reasonable accommodations to certain employees who have a disability. Employers have this obligation if they can do so without suffering an undue hardship. California employers with qualifying workers who have a disability may also be legally obligated to partake in an interactive process to determine suitable accommodations.
Age and Other Protected Characteristics
Employees who are 40 years of age or older are protected from age discrimination under FEHA. Employers sometimes discriminate based on age, opting for younger staff during layoffs or for promotions.
In addition to these, California employers cannot discriminate against employees and applicants based on religious creed, marital status, genetic information, military or veteran status, and reproductive health decisions.
Understanding FEHA’s protected classes does not mean that any adverse employment decision involving a protected class automatically qualifies as illegal. For example, employers can generally take disciplinary action or fire an employee for good reasons that have nothing to do with the employee’s protected characteristics.
Still, employers cannot use protected characteristics as a factor in the decision-making process in most circumstances. If they do, they could be held liable for discrimination.
Hire a FEHA Lawyer to Assess a Potential Claim
Employees should hire a FEHA lawyer if they have questions about whether particular workplace conduct is protected by state law. You can get help from an employee rights lawyer to figure out which protected characteristic applies to your FEHA case. A California FEHA attorney can also analyze your employer’s reason for its decision and review employment records related to your termination or other adverse action.
A lawyer can advise you on FEHA filing deadlines and whether you must file a complaint through the California Civil Rights Department prior to initiating a legal claim. An attorney can also help you meet strict deadlines within your case.
FAQs
What Qualifies as a Disability Under FEHA?
Physical and mental conditions can qualify as disabilities under FEHA if they limit or restrict a major life activity, including working, concentrating, sleeping, or interacting with others. California law defines disability more broadly than federal law. The condition does not have to prevent you from doing the activity. Additionally, FEHA covers employees who have a history of certain disabilities or who are regarded as disabled.
Is Anxiety a Disability Under FEHA?
Anxiety can be a mental disability under FEHA if it limits a major life activity. You are not automatically eligible for FEHA protections because of your anxiety. You must show that your anxiety substantially limits tasks such as concentration, sleeping, communication, or working. If you have protections under FEHA, you may also be entitled to reasonable accommodations.
Do I Have to Tell My Employer My Specific Diagnosis to Receive a Reasonable Accommodation?
Employees do not necessarily have to tell their employers their specific diagnosis to receive a reasonable accommodation. An employee should provide enough information for an employer to understand that a limitation may exist because of a disability and that the limitation may require accommodation. However, an employer can’t request unrestricted access to your medical records.
Can My Employer Deny Me a Reasonable Accommodation?
Yes, an employer can often deny a reasonable accommodation if it has a legally valid reason for doing so. For instance, an employer does not have to provide a reasonable accommodation that creates an undue hardship. An employer can also refuse to provide your preferred accommodation if there is another effective option. However, employers should still engage in a timely, good faith interactive process.
Why Choose GUZMÁN & TOKAR LLP?
GUZMÁN & TOKAR LLP practices plaintiff employment law and represents California employees in workplace discrimination and other illegal employment claims. California employees who retain an attorney from our FEHA law firm can discuss potential claims, relevant filing deadlines, and evidence of the employer’s actions. We work on employment cases during the pre-litigation process and in litigation when necessary.
At GUZMÁN & TOKAR LLP, we understand FEHA laws and the protections you are afforded under them. We can advocate for you, so you receive the treatment you deserve. Contact us to get started.
