CALIFORNIA LAW PROHIBITS WORKPLACE DISCRIMINATION

CALIFORNIA LAW

PROHIBITS WORKPLACE

DISCRIMINATION & HARASSMENT

THE CALIFORNIA FAIR EMPLOYMENT

AND HOUSING ACT AND ITS

IMPLEMENTING REGULATIONS

PROTECT CIVIL RIGHTS AT WORK.

HARASSMENT

1. The law prohibits harassment of employees, applicants,

unpaid interns, volunteers, and independent contractors by

any person. This includes a prohibition against harassment

based on any characteristic listed above, such as sexual

harassment, gender harassment, and harassment based on

pregnancy, childbirth, breastfeeding, and/or related medical

conditions.

All employers are required to take reasonable steps to prevent

all forms of harassment, as well as provide information to each

of their employees on the nature, illegality, and legal remedies

that apply to sexual harassment.

3. Employers with ve or more employees and public employers

must train their employees regarding the prevention of sexual

harassment, including harassment based on gender identity,

gender expression, and sexual orientation.

DISCRIMINATION/REASONABLE

ACCOMMODATIONS

1. California law prohibits employers with ve or more employees

and public employers from discriminating based on any

protected characteristic listed above when making decisions

about hiring, promotion, pay, benets, terms of employment,

layoffs, and other aspects of employment.

Employers cannot limit or prohibit the use of any language

in any workplace unless justied by business necessity. The

employer must notify employees of the language restriction

and consequences for violation.

3. Employers cannot discriminate against an applicant or

employee because they possess a California driver’s license or

ID issued to an undocumented person.

4. Employers must reasonably accommodate the religious beliefs

and practices of an employee, unpaid intern, or job applicant,

including the wearing or carrying of religious clothing, jewelry

or artifacts, and hairstyles, facial hair, or body hair, which are

part of an individual’s observance of their religious beliefs.

5. Employers must reasonably accommodate an employee or

job applicant with a disability to enable them to perform the

essential functions of a job.

ADDITIONAL PROTECTIONS

California law offers additional protections to those who work for

employers with ve or more employees. Some exceptions may

apply. These additional protections include:

1. Specic protections and hiring procedures for people with

criminal histories who are looking for employment

2. Protections against discrimination based on an employee or

job applicant’s use of cannabis off the job and away from the

workplace

3. Up to 12 weeks of job-protected leave to eligible employees

to care for themselves, a family member (child of any age,

spouse, domestic partner, parent, parent-in-law, grandparent,

grandchild, sibling) or a designated person (with blood or

family-like relationship to employee); to bond with a new child;

or for certain military exigencies

Up to ve days of job-protected bereavement leave within

three months of the death of a family member (child, spouse,

parent, sibling, grandparent, grandchild, domestic partner, or

parent-in-law)

5. Up to four months of job-protected leave to employees

disabled because of pregnancy, childbirth, or a related medical

condition, as well as the right to reasonable accommodations,

on the advice of their health care provider, related to their

pregnancy, childbirth, or a related medical condition

6. Up to ve days of job-protected leave following a reproductive

loss event (failed adoption, failed surrogacy, miscarriage,

stillbirth, or unsuccessful assisted reproduction)

7. Protections against retaliation when a person opposes,

reports, or assists another person to oppose unlawful

discrimination, including ling an internal complaint or a

complaint with CRD

REMEDIES/FILING A COMPLAINT

1. The law provides remedies for individuals who experience

prohibited discrimination, harassment, or retaliation in the

workplace. These remedies can include hiring, front pay, back

pay, promotion, reinstatement, cease-and-desist orders, expert

witness fees, reasonable attorney’s fees and costs, punitive

damages, and emotional distress damages.

2. If you believe you have experienced discrimination,

harassment, or retaliation, you may le a complaint with CRD.

Independent contractors and volunteers: If you believe you

have been harassed, you may le a complaint with CRD.

3. Complaints must be led within three years of the last act

of discrimination/harassment/retaliation. For those who

are under the age of 18, complaints must be led within

three years after the last act of discrimination/harassment/

retaliation or one year after their eighteenth birthday,

whichever is later.

If you have been subjected to discrimination, harassment,

or retaliation at work, ﬁle a complaint with the Civil Rights

Department (CRD).

TO FILE A COMPLAINT

Civil Rights Department

calcivilrights.ca.gov/complaintprocess

Toll Free: 800.884.1684 / TTY: 800.700.2320

California Relay Service (711)

Have a disability that requires a reasonable accommodation?

CRD can assist you with your complaint.

The Fair Employment and Housing Act is codied at Government

Code sections 12900 -12999. The regulations implementing

the Act are at Code of Regulations, title 2, division 4.1

Government Code section 12950 and California Code of Regulations, title 2, section

11023, require all employers to post this document. It must be conspicuously posted

in hiring ofces, on employee bulletin boards, in employment agency waiting rooms,

union halls, and other places employees gather. Any employer whose workforce at

any facility or establishment consists of more than 10% of non-English speaking

persons must also post this notice in the appropriate language or languages.

For translations of this guidance, visit: www.calcivilrights.ca.gov/posters/required

CRD-E07P-ENG / January 2024