A “protected class” refers to a group of people who are legally protected from discrimination and harassment under state and federal law. In employment law, the term “protected class” plays a central role in determining whether certain workplace conduct is unlawful. Reach out to our discrimination attorneys in Los Angeles for a free consultation today.
What Does “Protected Class” Mean?
A protected class is defined by characteristics that lawmakers have identified as deserving special legal protection due to a history of discrimination or unequal treatment. Employers may not make decisions about hiring, pay, promotions, discipline, or termination based on these characteristics.
Belonging to a protected class does not mean an employee receives special treatment. It means the employee has the right to be judged based on qualifications and performance rather than personal traits unrelated to the job.
Protected Classes Under California Law
California provides some of the broadest workplace protections in the country. Under the Fair Employment and Housing Act (FEHA), protected classes include:
- Race, color, ancestry, and national origin.
- Religion and religious practices.
- Sex, gender, gender identity, and gender expression.
- Sexual orientation.
- Pregnancy, childbirth, and related medical conditions.
- Physical and mental disability.
- Medical condition and genetic information.
- Age (40 and older).
- Marital status.
- Military and veteran status.
These protections apply to nearly every stage of employment, from job applications to termination. If you feel like you’re being harassed at work, call our harassment lawyers in Los Angeles for a free consultation.
Protected Classes Under Federal Law
Federal employment laws also prohibit discrimination against protected classes. Key statutes include:
- Title VII of the Civil Rights Act, which covers race, color, religion, sex, and national origin.
- The Americans with Disabilities Act (ADA), which protects qualified individuals with disabilities.
- The Age Discrimination in Employment Act (ADEA), which protects workers aged 40 and older.
California law often goes further than federal law by covering additional characteristics and offering stronger remedies.
Discrimination Does Not Require Intent
A common misconception is that discrimination only occurs when an employer intends to discriminate. In reality, unlawful discrimination can occur even when the employer claims neutral reasons for its decisions. Patterns of unequal treatment, biased evaluations, or policies that disproportionately affect members of a protected class can all violate the law. The focus is often on the effect of the employer’s actions, not just stated intent.
Harassment and Protected Classes
Harassment becomes unlawful when it is based on a protected characteristic and is severe or pervasive enough to create a hostile work environment. This can include verbal comments, physical conduct, visual behavior, or nonverbal actions. Harassment does not need to involve direct slurs or explicit threats. Repeated jokes, exclusion, or demeaning behavior tied to a protected class may be enough.
Protected Class Status and Retaliation
Employees are also protected from retaliation when they report discrimination or harassment related to a protected class. Retaliation can include termination, reduced hours, demotion, schedule changes, or increased scrutiny after a complaint is made. Even if an investigation ultimately disputes the discrimination claim, retaliation for reporting concerns in good faith is unlawful.
What Protected Class Status Does Not Mean
Being part of a protected class does not prevent employers from taking legitimate disciplinary action or making business decisions. Employers may still enforce performance standards and workplace rules as long as they apply them fairly and consistently. The law does not prohibit all adverse actions—it prohibits actions taken because of protected characteristics.