Understanding Protected Classes Under California’s Fair Employment & Housing Act

California has some of the most comprehensive anti-discrimination laws in the country, ensuring that employees and tenants receive fair treatment. The Fair Employment & Housing Act (FEHA) is the primary law that protects individuals from discrimination based on specific characteristics, known as protected classes under California’s Fair Employment & Housing Act.

At Freeburg & Granieri, APC, we understand how workplace discrimination can impact your life. Our team is dedicated to ensuring that Californians know their rights and receive the legal protection they deserve. In this guide, we break down FEHA’s protected categories under FEHA, explaining what they cover, how they apply, and what you can do if your rights have been violated.

What Is the Fair Employment & Housing Act (FEHA)?

The Fair Employment & Housing Act (FEHA) is California’s leading anti-discrimination law, ensuring equal opportunities in employment and housing. It applies to:

• Employers with five or more employees.
• All landlords and housing providers, regardless of the number of units they own.

FEHA provides stronger protections than federal law, covering more characteristics and offering additional remedies. Understanding these protected classes under California’s Fair Employment & Housing Act is crucial for both employees and tenants.

Comprehensive List of California FEHA’s Protected Classes

1. Race, Color, and National Origin

FEHA prohibits discrimination based on race, ethnicity, skin color, or country of origin. Employers cannot:

• Deny jobs, promotions, or raises based on race.
• Implement policies that disproportionately affect a particular race.
• Allow workplace harassment based on racial stereotypes.

2. Ancestry

Similar to national origin, ancestry protection covers discrimination based on family heritage. An employer cannot treat you unfairly because of your lineage or cultural background.

3. Religion and Creed

FEHA protects individuals from discrimination based on religious beliefs, including major religions and lesser-known faiths. Employers must accommodate religious practices, such as:

• Allowing flexible scheduling for religious holidays.
• Permitting religious attire like hijabs, yarmulkes, or turbans.

4. Age (40 and Over)

FEHA prevents discrimination against workers aged 40 and older. Common examples of age discrimination include:

• Refusing to hire or promote older employees.
• Forcing retirement or pushing older workers out.
• Favoring younger employees for training opportunities.

Age discrimination only applies to older employees and does not protect discrimination against younger employees.

5. Disability (Mental and Physical)

Employers and landlords must provide reasonable accommodations for individuals with disabilities. This includes:

• Modified workstations, adjusted schedules, or assistive technology at work.
• Accessibility modifications in rental units, such as wheelchair ramps or grab bars.

If an employer refuses reasonable accommodations, they may be violating FEHA.

6. Medical Condition

FEHA protects individuals with serious medical conditions such as:

• Cancer (current, past, or potential).
• Genetic characteristics that may indicate a higher risk for disease.

Employers cannot refuse to hire or fire someone because of a medical condition.

7. Genetic Information

FEHA prevents discrimination based on genetic tests or family medical history. Employers cannot use genetic information to deny jobs, promotions, or housing opportunities.

8. Sex, Gender, and Gender Identity

FEHA prohibits discrimination based on sex, gender identity, and gender expression. This includes protections for:

• Pregnancy, childbirth, and related conditions.
• Transgender individuals and nonbinary employees.
• Dress codes that unfairly target a specific gender.

Employers must treat all employees equally, regardless of gender.

9. Sexual Orientation

FEHA ensures protections for individuals regardless of sexual orientation. Employers cannot:

• Fire or refuse to hire someone based on their sexual orientation.
• Allow workplace harassment related to an employee’s identity.

10. Marital Status

FEHA protects individuals from discrimination based on being married, single, divorced, or widowed. An employer cannot favor married employees or penalize those who are unmarried.

11. Pregnancy, Childbirth, and Related Medical Conditions

Pregnant employees are entitled to reasonable accommodations, such as:

• Light duty or modified tasks.
• Additional breaks or flexible scheduling.
• Pregnancy disability leave.

12. Military and Veteran Status

Veterans and active-duty military members are protected from employment and housing discrimination. Employers cannot deny jobs based on past military service.

13. Citizenship and Immigration Status

Regardless of immigration status, employees are protected under FEHA. Employers cannot:

• Refuse to hire based on immigration status.

However, employers can inquire about immigration if required by Federal law, like to legally work in the United States.  

How FEHA Protections Apply to Employment

Employers in California are required to maintain a workplace free from discrimination, ensuring that all employees receive fair and equal treatment. Under FEHA, employers cannot make hiring or firing decisions based on a protected characteristic, meaning individuals cannot be denied employment or terminated due to factors such as race, gender, age, or disability. 

Similarly, promotions and pay increases must be based on merit rather than discriminatory criteria, ensuring that all employees have equal opportunities for career advancement.

In addition, workplace policies must be neutral and applied consistently, without disproportionately affecting any protected group. Any policy that unintentionally discriminates against a specific class of employees may be considered a violation of FEHA. 

Employers who fail to comply with these protections may face legal consequences, including lawsuits, financial penalties, and mandatory corrective actions to address discriminatory practices.

What to Do If Your FEHA Rights Are Violated at Work

If you believe you’ve experienced discrimination, take these steps:

1. Document Everything – Keep records of discriminatory actions, including emails, conversations, and policies.
2. Report Internally – If it’s workplace discrimination, report it to HR or a supervisor.
3. File a Complaint – Complaints can be submitted to the California Civil Rights Department (CRD).
4. Seek Legal Help – Contact experienced attorneys, like those at Freeburg & Granieri, APC, to evaluate your case and guide you through legal proceedings.

Experienced Legal Advocates for Discrimination Cases

If you’ve faced discrimination at work, you don’t have to navigate the legal system alone. At Freeburg & Granieri, APC, we are committed to holding employers accountable and ensuring that every employee receives the fair treatment they deserve under California law. 

Don't wait to take action—discrimination cases have strict deadlines. Contact Freeburg & Granieri, APC today for a consultation, and let us help you secure the justice you deserve. Schedule your free consultation online to discuss your employment law concerns with our legal team.

Final Thoughts

California’s FEHA provides some of the strongest anti-discrimination protections in the country. Understanding the protected classes under California’s Fair Employment & Housing Act ensures that employees know their rights and can take action when necessary.

At Freeburg & Granieri, APC, we are committed to protecting individuals from workplace discrimination. If you believe your FEHA rights have been violated, our legal team is ready to help.