Employers should base hiring decisions on the capabilities and performance of workers. The law actually protects workers from scenarios in which employers inappropriately consider personal characteristics that should have little to no bearing on their ability to manage job responsibilities.
Many people are now aware that the law protects employees from discrimination on the basis of their sex or race. Certain rules regarding workplace discrimination come from federal statutes, while others come from the somewhat more expansive rules adopted by state lawmakers in California.
What characteristics benefit from protection under California statutes?
California rules expand on federal regulations
Federal laws have long forbidden employment discrimination based on certain characteristics. At the federal level, the main protected characteristics include race, sex, age, religion, national origin and a worker’s medical conditions, including their genetic profile.
California has added to that list by adding additional protected classes. Employers generally should not consider a professional’s military status, marital status, sexual orientation or ancestry when deciding who to hire, promote or fire.
The law also clarifies that those who have made use of certain legal protections, such as requesting family leave or reporting inappropriate employer conduct, have protection. Neither protected characteristics nor protected workplace activities should influence a worker’s future opportunities. If companies consider protected characteristics when making decisions about filling a role or company downsizing, that may constitute unlawful discrimination.
Employees who believe that companies have wrongfully considered their protected characteristics when making staffing determinations may have grounds for a discrimination lawsuit. Taking legal action might be an option in cases where companies have illegally discriminated based on a worker belonging to a protected class.