Discrimination 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.