Employee Justice Legal Group
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Workplace discrimination is still illegal in California

On Behalf of | Jan 30, 2025 | Employment Discrimination

On his first full day in office, President Trump signed an Executive Order that effectively revoked Executive Order 11246, signed 60 years ago by then-President Lyndon B. Johnson.

Johnson’s order prohibited federal contractors from refusing to hire workers based on their race, color, religion, sex, sexual orientation, gender identity and national origin. Trump’s EO, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” is based on his belief that EO 11246 led to other discrimination. California’s lawmakers have a different mindset.

Fair Employment and Housing Act

First, it’s important to point out that President Trump’s EO refers only to contractors that do business with the federal government. It does not impact private employers and federal employees, who remain protected. It also doesn’t revoke the Civil Rights Act of 1964 or the Equal Opportunity Employment Act of 1972.

Furthermore, California has been, and continues to be, progressive in its stance against discrimination. The Fair Employment and Housing Act (FEHA) considers the following to be protected characteristics:

  • Race, color or ethnicity
  • Gender or gender identity
  • Age (workers 40 and older) 
  • Sexual orientation
  • Religion
  • Physical or mental disability
  • Pregnancy and related conditions
  • Marital status
  • Military or veteran status

Employers are required to provide equal opportunities in hiring and promotions. 

But what does discrimination look like?

  • Denying someone a promotion because of their race or using racist language in the workplace
  • Women receiving less pay than men for doing the same work
  • Older workers being passed over for promotions that go to younger colleagues, even though the older employee may be more qualified
  • Failing to provide reasonable accommodations for an employee’s disability.
  • Making derogatory remarks to LGBTQ+ employees
  • Refusing to accommodate religious practices, such as wearing a head covering at all times

Not only is discrimination illegal in California, it’s also unethical. It impacts workplace culture and employee morale. We must continue to fight against discrimination against any person for any reason. For that reason, if you are experiencing discrimination, or know someone who is, you need to find someone who can review your case and protect your rights to a safe and inclusive workplace.

 

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