Have you ever experienced workplace discrimination because of your marital status? Have you ever felt treated unfairly during the hiring process because you are a woman or a man? Today, we will explain how California labor law addresses discrimination based on marital status, gender, and gender identity.
Discrimination Based on Marital Status
Under California labor law, employers are prohibited from discriminating against employees based on whether they are married, unmarried, divorced, or widowed. Employers are also not allowed to implement policies that bar the hiring of an employee’s spouse. However, there are exceptions. For example, a company policy that prohibits spouses from working in the same department may not be considered marital status discrimination, especially if the policy is designed to avoid conflicts of interest or promote operational efficiency. Similarly, offering greater benefits to employees with more dependents is not considered discriminatory.
Pregnancy
Under California labor law, it is illegal to discriminate against an employee due to pregnancy. This protection also applies if the employee experiences a disability related to pregnancy. If an employee becomes disabled due to pregnancy, the employer is legally required to provide reasonable accommodations, as long as doing so does not cause undue hardship to the business. Reasonable accommodations may include extending maternity leave or modifying the employee’s work environment. As discussed in our previous article (Workplace Discrimination Part 2: Disability), to qualify for such accommodations, the employee must demonstrate that their pregnancy-related condition substantially limits their ability to perform major life activities.
Biological Sex
California employers may not discriminate against an employee based on their biological sex. This term is interpreted broadly and includes pregnancy, pregnancy-related conditions, childbirth, postpartum conditions, lactation, and any medical conditions related to breastfeeding.
Gender Identity and Sexual Orientation
California law also prohibits discrimination based on gender identity or sexual orientation. These concepts are interpreted expansively and include not only internal identity and orientation but also gender-related appearance and behavior. As such, individuals who identify as transgender, genderqueer, or gender-fluid are fully protected from workplace discrimination under California law.
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.
