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Types of Discrimination

This section discusses who is protected by anti-discrimination laws and the specific types of discrimination prohibited by federal law, state law or both. Unless otherwise indicated, federal and state law provide the same protection for each protected class.

Protected Classes OverviewProtected Classes Overview
In California, discrimination based on certain protected classes is prohibited.

AgeAge
Both federal and state laws prohibit discrimination based on age and protect employees who are age 40 or over. Age can't be used as a basis to not hire an employee or as a basis to discharge or discipline an employee. Age also can't be used as a basis to set compensation or other terms and conditions of employment.

AIDS or HIV-Positive StatusAIDS or HIV-Positive Status
California law prohibits employers from requiring HIV testing as a condition of employment and from rejecting, terminating from employment or denying insurance coverage to individuals exposed to the AIDS virus.

Gender, Sex, and Gender Identity and ExpressionGender, Sex, and Gender Identity and Expression
Both state and federal laws prohibit discrimination and harassment in the workplace based on a person's sex or gender. The terms sex and gender are interchangeable and synonymous under California law.

Marital StatusMarital Status
State law prohibits discrimination on the basis of marital status.

Medical Condition and Genetic InformationMedical Condition and Genetic Information
Federal and state laws protect an individual with a disability or medical condition that affects his/her ability to perform a job’s essential functions or those of a job for which they are applying.

Military and Veteran StatusMilitary and Veteran Status
The Fair Employment and Housing Act protects employees from discrimination based on “military and veteran status.”

Marijuana/Cannabis UseMarijuana/Cannabis Use
Beginning January 1, 2024, the FEHA will prohibit employers from discriminating against an employee or job applicant based on the person's use of cannabis off the job and away from the workplace.
Read about legislation that takes effect January 1, 2024.

National Origin DiscriminationNational Origin Discrimination
“National origin” has been broadly interpreted to mean the country that the applicant, employee or his/her ancestors came from.

Pregnancy DiscriminationPregnancy Discrimination
Both state and federal law prohibit harassment and discrimination against employees or applicants because of pregnancy or perceived pregnancy.

RaceRace
Title VII and FEHA both prohibit race discrimination in all aspects of employment relationships.

Sexual OrientationSexual Orientation
Employees in California are protected from employment discrimination based on their actual or perceived sexual orientation.

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