Protected Characteristics Recognized Under U.S. and California Law

Ensuring a fair, inclusive, and safe workplace is essential for employees and employers alike. However, workplace discrimination remains a pervasive issue, making it crucial for individuals to understand their rights under both federal and California employment laws. The concept of “protected characteristics” plays a significant role in safeguarding employees from discrimination. 

The California workplace rights attorneys at Glaser Labor Law provide a comprehensive guide to the types of protected characteristics and the legal protections in place to uphold workplace equity.

What Are Protected Characteristics?

Protected characteristics refer to attributes, traits, or conditions legally shielded from discrimination under various federal and state laws. These protections ensure that no individual is treated unfairly in hiring, firing, promotions, or any other employment-related decisions based on these traits.

Understanding protected characteristics helps foster workplaces rooted in fairness and inclusivity. Legal protections ensure individuals have equal opportunities regardless of their age, race, gender, or other characteristics.

Both federal and California laws play pivotal roles in outlining these protections. 

Exploring Specific Protected Characteristics

The following characteristics are legally protected under federal and California law:

1. Race and Color

Discrimination based on race or skin color is strictly prohibited. This includes protections against racial stereotyping and harassment.

2. Religion

Individuals are protected from discrimination based on their religious beliefs or practices. Employers must reasonably accommodate religious practices unless doing so imposes an undue hardship.

3. Sex

This includes protections against discrimination based on gender, sexual orientation, and gender identity. Additionally, the Pregnancy Discrimination Act ensures fair treatment for pregnant employees.

4. National Origin

Discrimination based on a person’s nationality, ancestry, or ethnicity is prohibited. Employers cannot unfairly target individuals based on accents or cultural practices.

5. Age

Employees aged 40 and older are protected from age-related discrimination under the ADEA.

6. Disability

People with physical or mental disabilities have the right to reasonable accommodations in the workplace under the ADA and FEHA.

7. Genetic Information

Laws like GINA prevent discrimination based on an individual’s genetic predisposition toward certain medical conditions.

8. Marital Status (California Only)

California law uniquely protects individuals from discrimination based on their marital status. Other states have this protection, but federal law does not cover it.

Employer Obligations Regarding Protected Characteristics

Employers must uphold several legal obligations to ensure workplace protections are enforced, including:

  • Providing Reasonable Accommodations: Employers must reasonably accommodate employees with disabilities and religious beliefs unless it constitutes an undue financial or operational burden.
  • Implementing Non-Discrimination Policies: Employers are encouraged to create and enforce comprehensive anti-discrimination policies to prevent workplace misconduct.
  • Harassment Prevention: Employers must actively prevent and address harassment related to protected characteristics through training programs and disciplinary measures.

Employees’ Rights and Remedies

If you’ve faced discrimination, knowing your rights is vital. Here’s how employees can seek justice and get support:

  • Reporting Discrimination: Employees can report acts of discrimination to their HR department, a supervisor, or their employer’s legal counsel.
  • Seeking Legal Remedies: Victims of discrimination can file complaints with relevant entities like the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Remedies may include monetary compensation and workplace accommodations.
  • Protection Against Retaliation: Employees who report discrimination are legally protected from retaliatory actions like demotion, termination, or harassment under anti-retaliation laws.

 

How Glaser Labor Law Can Help

Facing workplace discrimination can be overwhelming, but you don’t have to tackle it alone. Glaser Labor Law focuses on workplace rights in California, ensuring your rights are defended with dedication and skill.

Our Services

  • Filing discrimination and harassment claims
  • Negotiating wage disputes
  • Offering guidance on workplace accommodations
  • Handling wrongful termination cases
  • Representing undocumented workers

With over 40 years of combined experience, our attorneys are ready to fight for justice on your behalf. Contact us today and safeguard your workplace rights.

Glaser Labor Law
Glaser Labor Law

With deep roots in Southern California, Glaser Labor Law combines a focus on workplace rights with proven success in broader legal matters. Joel Glaser and his team bring decades of litigation experience to ensure every client receives strong, results-driven representation.