Discrimination
Not all discrimination is unlawful. For
example, the very act of choosing one person over another is
discrimination in some sense, but that choice could be based on
completely legitimate reasons (for example, better education where
education is a bona fide occupational qualification). So when is
discrimination illegal in the employment context? The answer is
that discrimination in employment on the basis of a protected
category is illegal.
There are many federal and state laws that prohibit job
discrimination. The following are examples of California and
federal laws for various protected categories, and are not an
exhaustive list:
California
Fair Employment and Housing Act, Government Code section 12940 et seq.: Age - forty (40) and over; Ancestry; Color; Creed; Denial of Family and Medical Care Leave; Disability (mental and physical) including HIV and AIDS; Marital Status; Medical Condition (cancer and genetic characteristics); National Origin; Race; Religion; Sex (includes pregnancy and sexual harassment); Sexual Orientation
California Constitution, Article I, Section 8: sex, race, creed, color, national origin, ethnic origin
Federal
Title VII of the Civil Rights Act of 1964, including the 1991 Amendments (Title VII): Race; Color; Religion; Sex (includes pregnancy and sexual harassment); National Origin
Equal Pay Act of 1963 (EPA): protects men and women who perform substantially the same work in the same establishment from sex-based wage discrimination
Age Discrimination in Employment Act of 1967 (ADEA): protects individuals age 40 and older
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. section 12101 et seq.: protect qualified individuals with disabilities in the private sector, and in state and local governments
Sections 501 and 505 of the Rehabilitation Act of 1973: prohibit discrimination against qualified individuals with disabilities who work in the federal government