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California law empowers employees to assert their rights and obligates employers to maintain equitable workplaces. If you are facing unfair treatment and discrimination at in your workplace, contacting an Orange County workplace discrimination attorney might be your next best step. Call us today at (949) 822-9220.
Here are five key California laws that prevent workplace discrimination and foster safer work environments.
The California Fair Employment and Housing Act (FEHA) is the cornerstone of the state’s anti-discrimination framework. Codified under California Government Code Sections 12900–12996, FEHA prohibits discrimination, harassment, and retaliation based on numerous protected characteristics. These include:
FEHA applies to employers with five or more employees and covers all aspects of employment, such as hiring, promotions, work compensation, job assignments, and wrongful termination in Orange County. The law also includes protections against harassment and retaliation for employees who engage in protected activities, such as filing a discrimination complaint or participating in an investigation.
Unlike federal law, FEHA applies stricter standards to protect workers. For example, while federal laws like Title VII of the Civil Rights Act require proof that harassment was “severe or pervasive,” FEHA mandates that even a single incident of harassment can be actionable if it interferes with an employee’s ability to perform their job.
The California Equal Pay Act, Labor Code Section 1197.5, ensures that employees receive equal pay for substantially similar work, regardless of gender, race, or ethnicity. This law closes loopholes that previously allowed employers to justify wage disparities without strong explanations.
Under the Equal Pay Act, employers must justify pay differences based on specific factors, such as:
The burden of proof lies with employers to demonstrate that these factors are legitimate and job-related. Employees are also protected from workplace retaliation for discussing or inquiring about their wages, fostering transparency in compensation practices.
Recent amendments to the law, including the California Pay Transparency Law, require employers to disclose pay ranges for job postings, further reinforcing equity in compensation.
The California Family Rights Act (CFRA), outlined in Government Code Section 12945.2, allows employees to take job-protected leave for certain family or medical reasons. This includes:
The CFRA applies to employers with five or more employees and provides up to 12 weeks of unpaid leave within a 12-month period. Unlike the federal Family and Medical Leave Act (FMLA), CFRA expands the definition of “family member” to include siblings, grandparents, grandchildren, and domestic partners.
Employers are prohibited from retaliating against employees who exercise their rights under the CFRA. For instance, an employee who requests leave cannot be demoted, terminated, or denied promotions due to their use of CFRA leave.
California provides additional protections for pregnant employees through the Pregnancy Disability Leave (PDL) law (Government Code Section 12945). PDL offers up to four months of job-protected leave for employees who are disabled due to pregnancy, childbirth, or related medical conditions. The law applies to employers with five or more employees.
Employers must also provide reasonable accommodations for pregnant employees, such as:
Pregnant employees are not required to take all four months of leave at once. They may take intermittent leave as needed for medical appointments or recovery. Importantly, PDL is available in addition to leave provided under the CFRA, allowing employees to take extended time off for pregnancy and bonding with a new child.
Employers who discriminate against employees for taking PDL may face legal consequences, including reinstating the employee and providing back pay or damages.
If you have experienced discrimination while pregnant in the workplace, contact our Orange County pregnancy discrimination attorneys today.
At the federal level, Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on race, color, religion, sex, or national origin. Enforced by the Equal Employment Opportunity Commission (EEOC), Title VII applies to employers with 15 or more employees and governs all employment practices, including:
Title VII also protects employees from harassment and retaliation. For instance, an employer cannot retaliate against an employee for filing a discrimination complaint, participating in an investigation, or opposing discriminatory practices.
Recent interpretations of Title VII by the U.S. Supreme Court and federal courts have expanded its protections. For example, in Bostock v. Clayton County (2020), the Supreme Court ruled that discrimination based on sexual orientation or gender identity falls under Title VII’s prohibition of sex-based discrimination.
While Title VII is a federal law, California’s FEHA offers broader protections. For example, FEHA covers smaller employers (those with five or more employees), includes additional protected characteristics such as gender expression and genetic information, and provides greater remedies for victims of discrimination.
California’s state laws and Title VII of the Civil Rights Act complement each other to provide comprehensive protections against workplace discrimination. FEHA and Title VII address discrimination based on protected characteristics, while the Equal Pay Act and CFRA focus on specific issues such as wage equity and family leave. PDL provides additional safeguards for pregnant employees, ensuring they receive necessary accommodations and leave.
To comply with these laws, employers must adopt proactive measures, including:
Failure to comply with California’s anti-discrimination laws can result in significant legal and financial penalties, including lawsuits, fines, and damages.
California’s anti-discrimination laws empower employees by giving them clear avenues to address grievances. Workers who experience discrimination or harassment can file complaints with the Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). The CRD investigates claims, mediates disputes, and may pursue legal action against employers who violate the law.
Employees should document incidents of discrimination or harassment, as this evidence is crucial in resolving disputes or filing complaints. Workers also benefit from the right to engage in protected activities, such as filing complaints or cooperating in investigations, without fear of retaliation.
If you have faced any form of discrimination in the workplace, Aegis Law Firm can help. Contact our Orange County workplace discrimination lawyers to schedule a free consultation today.