6 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com Discrimination California protects from employment discrimination not only the federally protected bases (race, color, religion, gender, national origin, age, and disability), but also a host of additional bases. The extra bases include military and veteran status, sexual orientation, gender expression, gender identity, genetic characteristics, transgender status, political affiliation, marital status, breastfeeding, religious dress and grooming practices, and holding a special California driver’s license (see § 6.2), and extends marital-status protections to registered domestic partners (see § 8.1). Race Discrimination California, going beyond federal law on race discrimination (as stated in Title VII and Section 1981), has become the first state in the nation to ban discrimination because of natural hairstyles (see § 6.2). Disability Discrimination California, going beyond federal law on disability discrimination (as stated in the Americans with Disabilities Act), defines “disability” very broadly to include conditions, as well as impairments, that create any restriction on a major life activity, expressly requires employers to engage in an interactive process regarding accommodations requested by disabled employees, and effectively requires employers to deal with an employee on leave through the employee’s attorney if the employee so desires (see § 6.3). Age Discrimination California, going beyond federal law on age discrimination (as stated in the ADEA), categorically forbids employers to rely on pay levels in deciding which employees to dismiss, if that criterion adversely affects employees over age 40, and endorses the adverse impact theory of liability in age discrimination, without recognizing a defense available in federal age discrimination cases: the employer’s reliance on reasonable factors other than age (see § 6.4). Harassment California, going beyond federal law on workplace harassment (based on federal discrimination law), expressly forbids discriminatory “harassment,” applies harassment law to all private employers, no matter how small,
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