FEHA Protected Characteristics: Who California Law Protects
By Milan Chatterjee | Founding Attorney, Milan Legal
California employees have legal protections against workplace discrimination based on specific personal characteristics, but many workers are unsure whether their circumstances qualify. The Fair Employment and Housing Act (FEHA) prohibits covered employers from making employment decisions based on protected characteristics, including race, age, disability, religion, sex, gender identity, and sexual orientation. If you believe an employment decision was discriminatory, a California workplace discrimination lawyer can help you understand which protections may apply and what legal options you could consider.
FEHA covers more than hiring and firing. Depending on the circumstances, its protections can apply to compensation, promotions, job assignments, workplace conditions, training opportunities, and other employment decisions. The law also addresses harassment, retaliation, and discrimination based on a characteristic an employer believes someone has or their association with another person. Understanding the full range of FEHA protected characteristics can help you recognize when workplace treatment may raise a legal concern.
What Is FEHA and Who Enforces It?
The Fair Employment and Housing Act is California’s principal state law prohibiting discrimination and harassment in employment based on protected characteristics. Its employment provisions are primarily found in the California Government Code, including sections 12940 and 12926. Section 12940(a) addresses discrimination in employment decisions, while section 12926 defines important terms used to determine who and what the law protects.
The California Civil Rights Department (CRD) enforces FEHA and accepts complaints involving covered employment discrimination and harassment. Depending on the circumstances, a complaint may concern an employer’s refusal to hire someone, discriminatory compensation, denial of a promotion, termination, or other unfavorable treatment connected to a protected characteristic. The law also prohibits certain forms of retaliation against individuals who oppose unlawful practices or participate in protected proceedings.
A critical distinction is that an unfavorable employment decision is not automatically discrimination under FEHA. The facts must support a connection between the decision and a protected characteristic or another legally protected activity. Employers may make legitimate employment decisions, but they cannot use a protected characteristic as an unlawful reason for treating an employee or applicant differently.
The Full List of FEHA Protected Characteristics
California Government Code section 12940(a) identifies the characteristics that generally receive protection against employment discrimination. The law’s definitions and related provisions explain how those protections apply in practice. The following categories provide an overview of the principal protections relevant to California employees.
Preserve relevant emails, text messages, work chat conversations, performance reviews, schedules, and other records you are lawfully permitted to retain. If a supervisor made an unwanted sexual demand and later changed your schedule or duties, records showing the sequence of events may help establish the context. Keep original messages and avoid altering documents or taking confidential company information without authorization.
You may also wish to record when you first reported the behavior, whom you contacted, and what response you received. Store your notes and permitted records somewhere secure that you can access if your employment situation changes. Do not put yourself at risk or violate privacy laws to obtain evidence.
Race and color. Employers generally cannot discriminate against employees or applicants because of race or color. Potentially discriminatory conduct can involve hiring decisions, compensation, promotions, discipline, termination, or workplace opportunities. Discrimination can also involve stereotypes or assumptions about a person’s abilities, appearance, or background.
Ancestry and national origin. FEHA protects against discrimination based on ancestry and national origin. An employer cannot lawfully make covered employment decisions because of a person’s ethnic background, country of origin, or ancestry. Depending on the circumstances, discriminatory assumptions about language, cultural background, or perceived foreign origin may also be relevant.
Religion and religious creed. Protection extends to religious beliefs and practices. Covered employers must comply with applicable accommodation requirements, subject to the governing legal standards. Discrimination may arise when an employer penalizes an employee because of religious beliefs, refuses an appropriate accommodation without a lawful basis, or applies workplace rules discriminatorily.
Age. FEHA protects individuals who are 40 years old or older against covered age discrimination. An employer cannot lawfully use age as a discriminatory reason for hiring, promotion, compensation, termination, or other employment decisions. For example, replacing a qualified employee with a younger worker because management assumes older employees cannot adapt to new technology may raise an age discrimination concern.
Physical and mental disability. California law protects qualified employees and applicants with covered physical or mental disabilities. Employers may have obligations to provide reasonable accommodations and engage in an appropriate interactive process when required. Potential issues include refusing an appropriate accommodation, discriminating because of a disability, or making employment decisions based on unsupported assumptions about an individual’s abilities.
Sex, gender, pregnancy, childbirth, breastfeeding, and related medical conditions. FEHA prohibits covered discrimination based on sex and gender, including protections relating to pregnancy, childbirth, breastfeeding, and related medical conditions. Depending on the circumstances, employees may have rights involving pregnancy-related accommodations, leave, or protection from discriminatory treatment.
Sexual orientation. Employees and applicants are protected against discrimination based on sexual orientation. An employer cannot lawfully deny an opportunity, impose discriminatory conditions, or take another covered adverse action because someone is heterosexual, gay, lesbian, or bisexual.
Gender identity and gender expression. FEHA protects individuals against discrimination based on gender identity and gender expression. This protection can be relevant to employment decisions, workplace treatment, and policies that unlawfully disadvantage transgender or gender-nonconforming employees.
Medical condition. California law protects against discrimination based on covered medical conditions. This category includes certain conditions related to cancer and genetic characteristics, as defined by law. Its application depends on the statutory definitions and the facts involved.
Genetic information. Employers are generally prohibited from making covered employment decisions based on protected genetic information. This protection helps prevent employment discrimination connected to genetic characteristics or information that falls within the legal definition.
Marital status. FEHA prohibits covered discrimination based on marital status. An employer generally cannot make employment decisions unlawfully because an employee is married, unmarried, divorced, or otherwise has a particular marital status.
Military and veteran status. California law protects against specified employment discrimination based on military or veteran status. Employees and applicants should consider the circumstances of the decision and any additional federal or state protections that may apply.
Reproductive health decision-making. FEHA expressly includes reproductive health decision-making among its protected characteristics. The precise application depends on the conduct, the employment decision, and the governing legal provisions.
These categories are not merely labels. The definitions in California law determine how a characteristic is interpreted, and more than one protected characteristic may be relevant to the same situation. An employee who believes a decision was based on overlapping characteristics should document the circumstances rather than assume that only one legal protection can apply.
Understand Your Rights Under California Workplace Discrimination Law
Employer Size: Five or More Employees for Discrimination, Any Size for Harassment
Employer size is an important part of determining whether FEHA applies. Generally, FEHA’s employment discrimination provisions cover employers with five or more employees. This threshold is relevant to claims involving discriminatory hiring, firing, compensation, promotion, and other covered employment decisions.
The rule is different for harassment. California prohibits workplace harassment based on protected characteristics even when the employer has fewer than five employees. This distinction matters because a worker at a small business may have a harassment claim even if the business does not meet the ordinary employee threshold for a FEHA discrimination claim.
The law also covers different employment-related relationships. Depending on the provision and circumstances, protections can extend to applicants, employees, unpaid interns, volunteers, and people providing services under a contract. Specific legal requirements and exceptions may apply, so employer size alone does not determine the outcome of every case.
Was Your Employer’s Decision Based on Discrimination?
How FEHA Compares With Title VII
Title VII of the federal Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. Federal law also includes other protections through separate statutes, including the Age Discrimination in Employment Act and the Americans with Disabilities Act. FEHA and federal law overlap in several areas, but their requirements are not identical.
One important difference is employer coverage. Title VII generally applies to employers with 15 or more employees, while FEHA’s employment discrimination provisions generally use a five-employee threshold. FEHA also provides specific protections under California law that must be considered independently of federal requirements.
For harassment, California’s rules extend to workplaces with fewer than five employees. Federal harassment protections have their own coverage rules, so the applicable legal route depends on the employer, the relationship, and the facts. Employees should not assume that a claim failing to meet one law’s requirements automatically fails under every other applicable law.
A lawyer can help determine whether FEHA, federal law, or both may apply. This is particularly important when the same conduct could involve discrimination, harassment, failure to accommodate, or retaliation, because the legal standards and procedural requirements may differ.
Perceived Characteristics and Association With Another Person
FEHA protection is not limited to situations in which an employee actually possesses a protected characteristic. California Government Code section 12926(o) addresses perception and association for the characteristics covered by that provision. This means that discrimination may raise a legal concern when an employer acts because it believes someone has a protected characteristic, even if that belief is incorrect.
For example, an employer might refuse to promote an employee because management incorrectly assumes the employee has a disability. The employee’s actual medical status does not necessarily eliminate the issue if the decision was based on a protected perception under the applicable law. The relevant question is whether the employer acted for a reason prohibited by FEHA.
Association can also matter. An employee may face discriminatory treatment because of a relationship with someone who has, or is perceived to have, a protected characteristic. For instance, an employer might make an unlawful employment decision because an employee is married to someone of a particular religion or is associated with a person who has a disability. Whether a particular claim is covered depends on the statutory category, the conduct, and the evidence.
These protections help prevent employers from relying on stereotypes or assumptions instead of evaluating employees fairly. If a decision appears to be based on what an employer believes about you or someone associated with you, preserve the relevant communications and details for review.
When Should You Talk to a California Workplace Discrimination Lawyer?
Consider speaking with an employment attorney when you experience a potentially discriminatory hiring decision, denial of promotion, unequal compensation, termination, refusal to consider a required accommodation, or harassment connected to a protected characteristic. Legal advice may also be useful if an employer treats you differently after you report discrimination or participate in an investigation.
Preserve relevant records, including emails, messages, performance reviews, job postings, accommodation requests, complaint records, and written explanations for employment decisions. Keep a factual timeline of what happened and identify potential witnesses. Do not access systems without authorization or improperly take confidential company information when gathering evidence.
You can also review the California Civil Rights Department’s official information about employment discrimination and its complaint process. Filing deadlines and procedural requirements depend on the claim, so do not assume that an internal complaint automatically pauses an external deadline. An attorney can help you understand the applicable requirements and assess potential remedies.
About Milan Chatterjee
Milan Chatterjee, and the Milan Legal team focus on helping individuals understand employment-related legal issues and the protections that may apply to workplace disputes. When evaluating a potential FEHA matter, the relevant questions include which protected characteristic may be involved, what employment decision occurred, whether the employer is covered, and what evidence connects the decision to a prohibited reason.
Employees deserve clear information about their rights and the procedures available when workplace treatment raises concerns. Reviewing the relevant communications, employment records, and circumstances can help identify the issues that may require further legal evaluation. Any assessment of a potential claim should be based on the facts and the applicable law, rather than assumptions about the employer’s motives
Frequently Asked Questions
FEHA protects against covered employment discrimination based on characteristics including race, color, ancestry, national origin, religion, age 40 and older, physical or mental disability, sex, gender, sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision-making.
FEHA’s employment discrimination provisions generally apply to employers with five or more employees. However, California prohibits harassment based on protected characteristics in workplaces with fewer than five employees as well. The applicable rule depends on whether the concern involves discrimination, harassment, or another legal issue.
Yes, depending on the characteristic and circumstances. California Government Code section 12926(o) addresses perceived characteristics and association with individuals who have, or are perceived to have, certain protected characteristics. The facts must support the relevant legal requirements.
Yes. FEHA’s age protection generally applies to individuals who have reached their 40th birthday. An employer cannot lawfully make covered employment decisions based on age in violation of the statute.
You can review the California Civil Rights Department’s employment discrimination complaint process. Depending on the facts, you may also have options under federal law. Filing deadlines and procedures vary, so verify the requirements applicable to your circumstances.
Speak With a California Workplace Discrimination Lawyer
Conclusion
California’s Fair Employment and Housing Act (FEHA) protects employees and applicants from workplace discrimination based on a range of protected characteristics, including race, age, disability, religion, sex, gender identity, sexual orientation, and other characteristics recognized by law. These protections can apply to employment decisions, harassment, reasonable accommodation, and certain forms of retaliation.
Understanding FEHA’s coverage, employer requirements, and protections involving perceived characteristics or association with others can help you recognize when workplace treatment may raise a legal concern. If you believe an employment decision was influenced by a protected characteristic, preserve relevant records and consider seeking legal guidance.
A California workplace discrimination lawyer can help you evaluate the circumstances, understand which state or federal protections may apply, and explore your potential legal options. Because filing deadlines and legal requirements vary, obtaining advice about your specific situation may help you make informed decisions.
Free, confidential. We respond within minutes.