Legally Protected Categories

Candy Messer - Legally Protected CategoriesDiscrimination and harassment in employment, based on any “protected category,” is prohibited by law. As an employer, you’ll need to know the guidelines to ensure no one discriminates against a candidate or employee. While the list of protected categories varies by state, the general concepts are similar. For example, in California, protected categories include all of the following:

  • Race, Color, National Origin, Ancestry
  • Religion – Includes religious-based affiliation, beliefs, observances, practices, dress and grooming
  • Sex – Includes all of the following
    1. Sexual – Conduct or comments of a sexual nature
    2. Gender – Biological gender
    3. Gender Identity – The gender with which one identifies; one’s internal, personal sense of being a male or female
    4. Gender Expression – The expression of the gender with which one identifies; the external manifestation of one’s gender identity expressed through clothing, haircut, voice and/or body characteristics
    5. Pregnancy – Includes pregnancy, childbirth, breastfeeding and related conditions; also includes being “perceived” as being pregnant (taking some action because you believe someone to be pregnant)
  •  Sexual Orientation – Homosexuality, bisexuality and heterosexuality; also includes “perceived’ sexual orientation
  • Marital Status
  • Political Activities or Affiliations
  • Military Service
  • Age – Chronological age of 40 or older
  • Physical or Mental Disability – Having, or perceived as having, a mental or physical condition, disease or impairment that limits a major life activity
  • Medical Condition – Having, or a history of having, or perceived as having, cancer or a particular genetic trait

You’ll want to make sure that you and your supervisors (if applicable) are aware of the laws to prevent a sexual harassment complaint or suit. For additional guidance on this issue, you may want to contact an employment attorney specializing in this field.