California’s employment laws concerning gender and sex discrimination are comprehensive and designed to provide broad protections for employees. Under the Fair Employment and Housing Act (FEHA), discrimination based on gender, sex, sexual orientation, gender identity, and gender expression is prohibited.
This includes protecting employees from disparate treatment discrimination, where an individual is directly discriminated against due to their protected characteristic, and disparate impact discrimination, where policies, though neutral on their face, disproportionately affect employees based on their protected status.
Employers in California are liable under these laws if they regularly employ five or more persons, including state or local governmental entities, and in some cases, agents of covered employers can also be considered as employers for the purposes of these laws. Importantly, FEHA provides greater protections than federal law, making it a crucial piece of legislation for employees in California.
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