Lawful Conduct Outside of Work and Discrimination Protection

HRCalifornia

You cannot discriminate against employees or applicants on the basis of lawful conduct that they engage in during non-working hours away from your premises, according to the California Labor Code.1

This section of the Labor Code is enforced by the California Labor Commissioner. By way of comparison, most anti-discrimination laws are enforced through the civil court system, usually after a person files a claim with the CRD or the EEOC.

Examples of protected lawful conduct are:

  • Exercising free speech rights

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