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Bullivant Houser Bailey PC Employment Group
Bullivant Houser Bailey PC is a business and complex litigation law firm of more than 140 attorneys with six offices in Oregon, Washington, California and Nevada. Chambers USA America's Leading Lawyers for Business singled out Bullivant as a "West Coast litigation powerhouse," due to our extensive courtroom experience and ability to achieve early, favorable, and cost-effective results on behalf of clients, ranging from small businesses to Fortune 100 corporations.
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Discrimination and Harassment

Protected Classes

As previously noted, employers in California must comply with both federal and state anti-discrimination and anti-harassment laws. In addition, counties, cities and municipalities may have additional laws providing further protections for employees. Employees should always review the employee protections available where they do business. However, the protected classes under federal and California state law include:

Federal laws apply only when an employer has 15 or more employees (except where noted)

  • Race
  • Color
  • National Origin
  • Sex (includes pregnancy-related conditions)
  • Religion
  • Retaliation (for opposing unlawful employment practices, for filing a complaint, for testifying about violations or possible violations)
  • Association with Protected Class
  • Age (40 and older in companies with 20+ employees). [Age Discrimination in Employment Act]
  • Disability [Americans with Disabilities Act]
  • Genetic Predisposition to certain genetic conditions (includes family history) [Genetic Information Nondiscrimination Act of 2008]
  • Exercise of family/medical leave rights [Family and Medical Leave Act of 1993 (in companies with 50+ employees) or “FMLA”]
  • Veteran status or military service leave [Uniformed Services Employment and Reemployment Rights Act of 1994 or “USERRA”]

4 – 14 employees (except where noted)

  • National Origin
  • Citizenship (4 or more employees)
CALIFORNIA REVISED CODE §§12900 et seq. (FEHA) (FEHA does not apply to religious or non-profit organizations)

A California state law applies when an employer has five or more employees (except as noted.)

  • Race
  • Color
  • National Origin/Ancestry
  • Sex (includes childbirth and pregnancy-related conditions)( employer of 1+ employee)
  • Religion
  • Protected activities (for opposing unlawful employment practices, for filing a complaint or claim, or for testifying about violations or possible violations)
  • Marital Status
  • Sexual Orientation and Gender Identity
  • Association with Protected Classes
  • Age (40 and older)
  • Physical or Mental Disability
  • Medical Condition (including cancer and genetic characteristics)
  • Exercise of family/medical leave rights [California Family Rights Act or “CFRA” (applies to employers with 50+employees]
  • Use of Sick Leave (San Francisco County)
  • Exercise of statutory leave rights
  • Veteran status, exercise of rights under military service leave laws [Family Military Leave Act of 1997 (applies to employers of 25+ employees)]

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