What Is a Protected Characteristic Under FEHA?

The California Fair Employment and Housing Act (FEHA) is a cornerstone of employment law in the state, designed to protect employees from discrimination in the workplace. Enforced by the California Civil Rights Department (CRD), FEHA establishes guidelines that prohibit employers from discriminating against individuals based on certain personal characteristics as protected under the law. Understanding these protected characteristics is crucial for employees facing discrimination or other workplace matters. Minnis & Smallets LLP helps clients recognize their rights under the FEHA and its significance to their case.  

What Are Protected Characteristics Under FEHA?

Protected characteristics refer to specific traits or attributes that are legally safeguarded against discrimination. These characteristics are protected by law and cannot be used as a basis for making employment-related decisions such as hiring, firing, promotions or job assignments. Under FEHA, these protected characteristics include:

• Age. Discrimination based on age is prohibited, especially for individuals who are 40 years old or older. This protection ensures that employees and job applicants are not unfairly treated due to their age.
• National Origin. FEHA protects individuals from discrimination based on their ancestry or national origin, ensuring that employees are not judged or mistreated due to their ethnic background or country of origin.
• Disability. Employees with physical or mental disabilities are protected under FEHA. This includes ensuring reasonable accommodations are provided to enable them to perform their job duties effectively.
• Gender. Gender-based discrimination, including discrimination related to gender identity and expression, is prohibited. This protection supports a workplace environment of equality and respect for all gender identities.
• Race and Color. Discrimination based on race or skin color is strictly prohibited, promoting a diverse and inclusive workplace.
• Religion. Employees are protected from discrimination based on their religious beliefs, practices and observances. Employers are also required to provide reasonable accommodations for religious practices.
• Sex and Sexual Orientation. Discrimination based on sex, which includes pregnancy and childbirth, as well as sexual orientation, is forbidden under FEHA.

The Significance of Protected Characteristics

Understanding and respecting these protected characteristics is vital for preventing employment discrimination and fostering an equitable workplace. When employers violate these protections, it can lead to serious legal consequences and create a toxic work environment. Cases of discrimination often involve complex factors and require careful legal analysis to identify and address violations.

For employees facing discriminatory actions, being aware of their rights under FEHA is crucial. They have the right to file complaints with the CRD and, if necessary, pursue legal action against their employers. Skilled employment attorneys, such as those at Minnis & Smallets LLP, can be invaluable in navigating these situations.

Employers must also be diligent in understanding and adhering to FEHA guidelines to maintain compliance and promote fair treatment. This includes implementing anti-discrimination policies, providing training and ensuring that all employment practices—from hiring to termination—are free from bias.

Speak to an Attorney

Protected characteristics under FEHA play a fundamental role in safeguarding employees’ rights and promoting fairness in the workplace. Understanding these protections is essential for both employees and employers. Employees facing workplace discrimination should contact Minnis & Smallets LLP. Our experienced attorneys are committed to helping workers resolve their employment issues. Contact us today to schedule a case evaluation.