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In California, discrimination based on the following protected classes is prohibited:
FEHA prohibits discrimination not only based on individual protected characteristics, but also on any combination of protected characteristics1 — a concept often referred to as intersectionality. In doing so, the California Legislature specifically affirmed a Ninth Circuit Court of Appeals decision recognizing that when an individual alleges discrimination based on multiple protected characteristics, it may be necessary to determine whether discrimination occurred based on the combination of characteristics instead of in isolation.2
FEHA protects not only actual membership in the classes that FEHA specifies, but also perceived membership in one or more of those classes. For example, an individual could file a sexual orientation discrimination charge, claiming that he was discriminated against because he was perceived as homosexual even if he is not, in fact, homosexual.
In addition, FEHA protects a person who associates with a person who has, or is perceived to have, any of the characteristics that FEHA protects or any combination of those characteristics.3
Applicants, employees and unpaid interns are generally protected from discrimination based on protected class under state law.
An applicant includes not only those individuals who fill out a form to apply for a job but also those who have otherwise indicated a specific desire to be considered for employment. An applicant is also someone who can show that they were deterred from applying for a job because of the employer’s discriminatory practices.4
State law also discusses joint liability for discrimination against temporary workers. A temporary worker hired to perform work for your company may be considered to be both your employee and the temporary service agency’s employee for purposes of California’s non-discrimination laws.
The worker will be considered to be an employee of your company for all the terms, conditions and privileges of employment that you control. The worker is also an employee of the temporary service agency with regard to the terms, conditions and privileges of employment that the temp agency controls.5 Courts will look at who had control over the working conditions at issue.6
1. Gov. Code sec. 12926(o)
2. University of Hawai’i, 40 F.3d 1551 (9th Cir. 1994)
3. Govt. Code sec. 12926(o)
4. 2 CCR sec. 11008(a)
5. 2 CCR sec. 11008(c)
6. Bradley v. California Dept. of Corrections and Rehabilitation, 158 Cal. App. 4th 1612 (2008)