What Is Workplace Discrimination in California?

California Anti-Discrimination Law – The Fair Employment and Housing Act (FEHA)
In California, the Fair Employment and Housing Act (FEHA) prohibits discrimination in the workplace based on the following protected categories:

• Race

• Religion

• Sex or gender

• Sexual orientation

• Age

• Military or veteran status

Federal Anti-Discrimination Laws
In addition to California law, several federal laws also prohibit workplace discrimination, including:

• Title VII of the Civil Rights Act of 1964
   Prohibits discrimination based on race, sex, color, religion, and national origin.

• The Americans with Disabilities Act (ADA)
   Prohibits discrimination based on physical or mental disability.

• The Equal Pay Act of 1963
   Requires that men and women receive equal pay for equal work.

• The Age Discrimination in Employment Act (ADEA)
   Prohibits age-based discrimination for employees aged 40 and over.

Which Employers Are Covered Under California’s FEHA?
California’s anti-discrimination protections generally apply to:

• Employers with five or more employees

• Individuals acting as agents of an employer

• State or local government agencies

However, in cases involving harassment, these requirements do not necessarily apply. Even if an employer has fewer than five employees, an employee may still file a valid claim for harassment under California law.

Note: Religious organizations and certain nonprofit entities may be exempt from some provisions of these anti-discrimination laws.

Can You Sue a Supervisor or Coworker Personally for Discrimination?
Many employees wonder whether they can personally sue a supervisor or coworker for discrimination. In most cases, the answer is no.
Under California law, individuals typically cannot be held personally liable for employment discrimination. Additionally, supervisors or coworkers often do not have the financial resources to satisfy a judgment, making personal lawsuits ineffective or impractical.

However, if the misconduct rises to the level of harassment rather than discrimination, personal liability may apply, and a claim against an individual coworker could be possible.

This article provides a general overview of basic principles in labor and employment law and does not constitute legal advice. If you believe you have experienced discrimination or harassment in the workplace, we strongly recommend consulting with a qualified labor law attorney to understand your rights and potential remedies.