Under California labor law, all employees have the right to be protected from discrimination in the workplace. So what types of discrimination are employees protected from? In today’s post, we will address discrimination based on age, race, national origin, and religion.

1. Age Discrimination

Age discrimination refers to unfavorable treatment of an employee or job applicant over the age of 40 in comparison to someone younger. Employers subject to anti-discrimination laws may not refuse to hire or terminate an otherwise qualified individual solely based on age.

2. Discrimination Based on Race, Color, National Origin, or Ethnicity

In California, employers are prohibited from discriminating against employees or job applicants on the basis of race, color, national origin, or ethnicity. It is also unlawful to discriminate against someone for merely associating with individuals of a particular race, color, nationality, or ethnicity. Importantly, even individuals who have not been historically subject to discrimination, such as white employees, are equally protected under anti-discrimination laws.

Furthermore, an employer who discriminates based on presumed nationality is still in violation of the law—even if their assumption is incorrect. For example, if an employer dislikes Chinese people and treats someone unfairly under the mistaken belief that they are Chinese, but that individual is in fact Korean, the employer is still considered to have violated anti-discrimination laws.

3. Religious Discrimination

Employers may not discriminate against employees on the basis of their sincere religious beliefs. If a genuine religious belief conflicts with job duties or scheduling, the employer is required to attempt to reasonably accommodate the employee.

So, how does the law define a “religious belief”? A religious belief does not necessarily require belief in a deity, supreme being, or higher power, but must be more than merely a philosophy or way of life. Individuals who observe specific religious practices, rituals, or dress codes are generally considered to have religious beliefs under the law.

Whether a religious belief is genuine is determined by the sincerity with which the employee holds the belief. The content of the belief and how it is practiced are assessed subjectively and not judged by the courts using objective standards.

However, not all religious-based requests are protected. If, for example, an employee insists on being segregated from coworkers for religious reasons—such as a male employee requesting not to share a workspace with female colleagues—an employer is not required to accommodate such a request. Courts are likely to find such demands unreasonable.

JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.