Discrimination

It is unlawful for an employer to refuse to hire or employ the person, or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment, because of the person’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.

An employer or employment agency may not print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation, or any intent to make any such limitation, specification or discrimination.

EXCEPTIONS

Exceptions are allowed only where the law allows such an exception. An employer may discriminate on the basis of age if the law requires it for that specific job. An employer is only required to make reasonable accommodations if the employee or applicant has some limitations because of religious beliefs, physical or mental disability, gender or medical condition. There are some exceptions for religious organizations and discrimination is permitted on the basis of citizenship.

IMMIGRATION STATUS

Under California law immigration status is irrelevant in determining liability in all employment claims. An employer cannot use a claimant’s immigration status as a defense.

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