Changes to the Protected Categories under California’s Anti-Discrimination Laws

As many of you know, California has one of the most robust lists of “ protected categories” or characteristics enumerated in its anti-discrimination laws.  Most of these anti-discrimination prohibitions are contained within California’s Fair Employment and Housing Act (“FEHA”), but there are also some articulated in the California Labor Code.

This year, California updated its list of protected classifications under FEHA. For starters, SB 1137 makes California the first state to expressly adopt the concept of “intersectionality,” although in practice, the concept has existed for many years.  Anybody who has heard my sexual harassment training class knows that I cover this topic in my course materials.

As the new law enunciates, “intersectionality” addresses “the unique, interlocking forms of discrimination and harassment experienced by individuals in the workplace and throughout society, particularly Black women, as compared to Black men and White women.” With these changes, FEHA will expressly protect the intersection or combination of any of the currently enumerated protected categories from harassment or discrimination.

Also tweaking the classifications listed within FEHA, AB 1815 expands the definition of “race” by removing the term “historically” and including traits associated with race beyond hair texture and protective hairstyles (which were expressly added a few years ago).

Updates to California’s Leave Provisions

California also has an ambitious series of laws providing protected time off in the workplace, although many other states and local jurisdictions are gaining on us. Up until now, the California Labor Code has provided time off for jury and witness duty, as well as for victims of crimes. Those obligations are now moved to the Fair Employment and Housing Act and will be governed by the state’s Civil Rights Department (formally known as the Department of Fair Employment and Housing).

The new revised law under FEHA continues to protect time off for jury service as well as time off to appear in court as a witness under court order. The law further protects an employee who is a victim or has a family member who is a victim of a “qualifying act of violence.” Under the amended law, employees may take time off to obtain relief for either their own or their child’s health, safety, or welfare. They may also take time off to assist a family member for various reasons related to a qualifying active violence. The new law also expands eligibility for “reasonable accommodation” to include an employee who is a victim or who has a family member who is a victim of a qualifying act of violence. This leave will run concurrently with state and federal family medical leave and will be subject to the same time and use limitations. The leave will be unpaid, except that the employee may be able to use their accrued paid time off.

For more discussion about reasonable accommodations and leaves in general, refer to last week’s Monday Morning Briefing.   Remember, you can always find back issues of these MMBs at www.mondaymorningbriefings.com. 

Like other types of protected leaves under California, employees must be advised of their rights in writing upon hire and upon request, which is why it is best to include all these changes in your 2025 California employee handbook.

Under new AB 2123, employers can no longer require employees to take up to two weeks of earned and unused vacation before the employee receives paid family leave (PFL) benefits under California law.

We will include this and all the above changes in our 2025 employee handbook updates for California.