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Employment Discrimination
The State of California upholds a public policy that guarantees all individuals the right to employment free from discrimination based on specific protected personal characteristics. Under the Fair Employment and Housing Act (FEHA), codified in California Government Code sections 12900-12976, the state provides comprehensive protections against employment discrimination.
Discrimination Claims Generally
FEHA prohibits employers with five (5) or more employees—including private employers, state government entities, and city subdivisions—from discriminating against employees and job applicants based on the characteristics mentioned above. Exceptions to FEHA include employees hired by their parents, spouse, or child, and religious associations or corporations not organized for private profit. However, it does apply to employees performing non-religious duties at healthcare facilities operated by nonprofit religious associations or corporations that serve both adherents and non-adherents.
![]() California Government Code Section 12926 Disparate Treatment Discrimination Disparate Impact Discrimination Proving a Discrimination Claim This initial showing creates a presumption of discrimination, shifting the burden to the employer to produce evidence of a legitimate, nondiscriminatory reason for the adverse action. If the employer provides such evidence, the presumption of discrimination disappears, but the employee can still prove discrimination by demonstrating that the employer’s stated reason is a pretext and presenting any additional evidence of discriminatory intent. For more detailed guidance and support on employment discrimination matters, contact SAW LAW GROUP. We are committed to ensuring justice and fair treatment in the workplace. |
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