Discrimination

In California, it's against the law to discriminate against employees based on their protected class (Cal. Govt. Code § 12940). This means treating people unfairly because of their race, color, religion, sex, or national origin is not allowed (Mixon v. Fair Employment and Housing Com. 192 Cal. App.3d 1306, 1317 (1987)).

To prove discrimination, employees need to show they belong to a protected class, experienced adverse employment action, and were harmed by it (McDonnell Douglas Corp. v. Green (1973) 411 U.S. at 792).

Under California law, those granted protected class status include race, color, religion, sex, sexual orientation, gender, gender identity, national origin, ancestry, age, disability, medical condition, genetic information, marital status, political activities or affiliations, and military or veteran status. These classes are protected from discrimination in the workplace under California's Fair Employment and Housing Act (FEHA).

Disparate treatment under California law refers to a form of unlawful employment discrimination in which individuals in a protected class are intentionally treated differently from others in terms and conditions of employment. This type of discrimination violates California's Fair Employment and Housing Act (FEHA) and occurs when an employer's actions demonstrate intentional bias against individuals based on their membership in a protected class, such as race, gender, religion, or disability. Employers are prohibited from engaging in disparate treatment and are required to provide equal employment opportunities to all employees, regardless of their protected class status.