Preventing Workplace Harassment, Discrimination, and Retaliation

 Medical Condition (including cancer, a record of cancer, genetic characteristics, diseases, disorders, or other inherited characteristics);

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Marital Status;

 Sex (including pregnancy, childbirth, medical conditions related to pregnancy or childbirth, gender, gender identity, transgender, 6 gender expression, and breastfeeding or a medical condition related to breastfeeding 7 );

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Age (40 and above);

 Sexual Orientation (including heterosexuality, homosexuality, and bisexuality);

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Genetic Information;

Military and Veteran Status; 8

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Opposition to Unlawful Harassment;

 Association with a person who has one or more protected characteristic; or

 Perception that a person belongs to one or more protected categories. 9

A. R ACE AND N ATIONAL O RIGIN Courts and administrative agencies responsible for interpreting and enforcing the laws have broadly defined what constitutes race or national origin for purposes of establishing a claim of harassment or discrimination. An employee is protected if the employee is from a certain place or is a member, or is perceived to be a member, of a group that is physically, culturally, or linguistically distinct. Being from a certain place means the employee or the employee’s ancestors are from a particular country, former country, or geographic region. Thus, a public employee who is African American, Native American, or Filipino American would be a member of a protected class, as would a public employee who describes himself as East Indian, Cajun, or Persian. 10 Effective January 1, 2020, California law will also define “race” to include hair texture and protective hairstyles such as braids, locks, and twists. 11 The law also protects employees from harassment and discrimination based on an individual’s language or accent. California law prohibits English-only rules unless: (a) there is no alternative practice available that would meet the employer’s business need for the rule; and (b) the employer has notified its employees of the rule and the consequences of violating the rule. 12 B. R ELIGIOUS C REED Religious creed includes all aspects of religious belief, observance, and practice, including religious dress and grooming practices. 13 More generally, it can include moral or ethical beliefs as to what is right and wrong, where the beliefs are sincerely held with the strength of traditional religious views. 14

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 9