Employment Laws in California

Definition of employee. An employee is any individual under the direction and control of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written. Employee does not include any individual employed by his or her parents, spouse or child; any person employed under a special license in a nonprofit sheltered workshop or rehabilitation facility; or an independent contractor.

Definition of employer. Employer includes any person regularly employing five or more individuals, including individuals performing any service under any appointment, contract of hire or apprenticeship, express or implied, oral or written, or an agent of an employer and the state or any political or civil subdivision of the state, but not a religious association or nonprofit corporation, except a religious association or corporation not organized for private profit.

Prohibited employment discrimination. Employers must hire, promote, select for training, and conduct their other employment-related activities, including compensation, without regard to race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, actual or perceived sexual orientation, participation in politics, or becoming a candidate for public office.

Age. It is an unlawful employment practice for an employer to refuse to hire or employ, or to discharge, dismiss, reduce, suspend or demote any individual over the age of 40 on the ground of the individual's age.

Pregnancy, childbirth and related medical conditions. Employers must promote or select for training program without regard to pregnancy, childbirth or related medical condition of any female employee, provided she is able to complete the training program at least three months prior to the anticipated date of her pregnancy leave. With regard to pregnancy, childbirth or related medical condition, employers may not discharge from employment or a training program, or otherwise discriminate against in compensation, terms or conditions of employment any female employee.

Preemployment inquiries and exams. It is unlawful for employers to require any medical or psychological inquiry of an employee or an applicant before or after an offer of employment has been made unless it relates to the ability to perform job-related functions, is consistent with business necessity and all entering employees in the same job classification are subject to the same exam or inquiry.

Language. It is unlawful for employers to adopt or enforce a policy that limits or prohibits the use of any language in any workplace unless the language restriction is justified by a business necessity and the employer has notified its employees of the circumstances and the time when the language restriction is required to be observed and of the consequence for violating the language restriction.

Genetic tests. It is unlawful for employers to subject any employee, applicant, or other person to a test for the presence of a genetic characteristic unless based upon a bona fide occupational qualification or applicable security regulations established by the U.S. or California.

Retaliation. Employers may not discharge, expel, or otherwise discriminate against a person because the person opposes any unlawful employment practices or files a complaint, testifies, or assists in any enforcement proceeding.

Disability. It is unlawful for employers to deny or to aid, incite, or conspire in the denial of the rights of individuals with disabilities, including the right to be accompanied by a guide dog, signal dog, or service dog.

Volunteer firefighters. An employer may not discharge or discriminate against an employee for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel.

Gender identity. Employers are prohibited from discriminating against an individual based on gender identity, appearance and behavior. Employers may require employees to comply with reasonable workplace appearance, grooming, and dress standards consistent with federal and state law, provided that employees are permitted to appear or dress consistently with their gender identity.

Assignment orders. Employers may not use an assignment order as grounds for denying an employee a promotion or for taking any other action adversely affecting employment.

Pharmacists. Pharmacists who object to dispensing emergency contraception prescription drugs on the basis of their personal religious beliefs must notify their employers of their position in writing, and employers must establish protocols to ensure that patients have timely access to the prescribed drugs.

Sexual Harassment Training. Employers with 50 or more employees are required to provide two hours of sexual harassment training and education to supervisory employees by 2006 and again once every two years. Also, employers must incorporate the training into the 80 hours of training provided to all new supervisory employees, using existing resources.

Recordkeeping requirements. Employers that are subject to California's antidiscrimination in employment laws must maintain and preserve any and all job applications, personnel, membership or employment referral records and files for a minimum period of two years after the records and files are initially created or received, and retain personnel files of applicants or terminated employees for a minimum period of two years after the employment action — failure to hire or termination — was taken. If a verified complaint is filed against an employer, it must retain and preserve these records and files until the complaint is fully and finally disposed of, including all appeals. For the state Personnel Board, the required retention period is one year.

Posting requirements. The California Fair Employment and Housing Commission requires that an equal employment opportunity poster be displayed in a prominent and accessible location in the workplace by every California employer. California employers must post applicable minimum wage/overtime pay wage orders, a wage payment notice, a child labor notice (agriculture), an unemployment insurance notice, a sexual harassment notice and a pregnancy rights notice, a notice pertaining to the availability of assistive listening systems and computer-aided transcription systems for use in court proceedings, a family care leave rights notice and a voting leave notice.