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Protected classifications, or classes, in California include race, color, ancestry, national origin, religion, creed, age (40 and over), mental and physical disabilities, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military or veteran status. Harassing or discriminating against an employee because the person falls under one or more of those classification is strictly prohibited by law.
Effective January 1, 2024, California added another protected class to the Fair Employment and Housing Act for those who use cannabis off-the-job and off-workplace. It is now unlawful for an employer with five or more on payroll to discriminate against a person in hiring, termination, or any term or condition of employment for such use.
These protections do not apply to workers in the building and construction trades or to anyone hired for jobs requiring federal government background investigation or security clearance.
All employers can continue to prohibit - and to discipline -- employees from possessing, being impaired by, or using cannabis on the job.
Take-Aways:
Covered employers should:
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
January 25, 2024
If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.
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