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• Protected Characteristics

  (Government Code § 12940) California and federal laws protect employees based on:

  • Race, color, national origin, ethnicity
  • Religion or creed
  • Sex, gender identity, sexual orientation
  • Age (40 and older)
  • Disability or medical condition
  • Pregnancy, family or marital status
  • Genetic information
  • Immigration or citizenship status
  • Criminal history (protected under San Diego County Fair Chance Ordinance)
• Common Examples of Workplace Discrimintation
  • Treating workers differently because of race, gender, age, disability, or other protected characteristics
  • Denying a job, promotion, or raise based on identity
  • Making offensive comments or jokes related to race, gender, religion, or other characteristics
  • Disciplining or firing workers unfairly based on bias
  • Refusing reasonable accommodations for a disability or pregnancy
  • Using criminal background checks to reject applicants (in covered areas) automatically
  • Retaliating against a worker for reporting discrimination or participating in an investigation
• Top Anti-Discrimination Laws to Know

  California Fair Employment and Housing Act (FEHA) (Government Code § 12900)

  • Prohibits discrimination and harassment based on: race, color, national origin, ancestry, religion, disability, medical condition, sex, gender, sexual orientation, gender identity, age (40+), marital status, military/veteran status, or genetic information  (Government Code § 12940)
  • Applies to employers with five or more employees
  • Requires employers to provide training and take prompt action against discrimination (Government Code § 12950)
  • Protects workers who are victims of domestic violence, sexual assault, or stalking
  • Allows time off for court proceedings or safety-related actions (Labor Code § 230.2)

  San Diego County Fair Chance Ordinance  (County Code Chapter 17, Article 5)

  • Applies to employers operating in unincorporated areas of San Diego County
  • Prohibits employers from rejecting job applicants solely based on criminal history
  • Requires a fair chance hiring process

  Federal Civil Rights Laws

  • Title VII of the Civil Rights Act (race, color, sex, religion, national origin)
  • Americans with Disabilities Act (disability accommodations)
  • Age Discrimination in Employment Act (age 40+)
  • Equal Pay Act (gender-based pay disparities)

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• File a Workplace Discrimintation Complaint

  If you experience discrimination, contact:

  California Civil Rights Department (CRD)

  • Phone: 1-800-884-1684
  • Address: 1350 Front Street, Suite 3005, San Diego, CA 92101
  • File Online: calcivilrights.ca.gov

  U.S. Equal Employment Opportunity Commission (EEOC)

  • Phone: 1-800-669-4000
  • Address: 9246 Lightwave Avenue, Building A, Suite 300, San Diego, CA 92123
  • File Online: eeoc.gov

  San Diego County Office of Labor Standards and Enforcement (OLSE)

  If you would like to file a fair chance complaint, please complete the following inquiry form.  If you are unable to fill out the form, contact us via:

  • Email: olse@sdcounty.ca.gov 
  • Office: 619-531-5129
  • We are open Monday-Friday 8:00 am-5:00 pm 

  If you are unable to fill out the form online and need more help, please call our office at 619-531-5129 or schedule an appointment to visit us in person. 

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• Required by Law
  • Create and distribute a written anti-discrimination and harassment policy
  • Provide harassment prevention training to employees and supervisors
  • Promptly investigate and document complaints of discrimination or harassment, and protect employees from retaliation for reporting concerns
  • Follow fair hiring practices under the Fair Chance Ordinance (if applicable)
  • Post all required notices from CRD, EEOC, and OLSE in employee-accessible areas
    • DFEH Poster Library
    • EEOC Workplace Poster
    • San Diego County OLSE Required Posters

   

• Best Practices
  • Train supervisors and HR regularly on preventing bias and discrimination
  • Provide reasonable accommodations in a timely and interactive process
  • Establish clear procedures for employees to report discrimination confidentially
  • Audit hiring, promotion, and discipline practices for fairness and consistency
  • Partner with San Diego County OLSE for training, consultation, or policy reviews
  • Develop and maintain a comprehensive employee handbook or policy manual that covers:
    • Anti-discrimination, anti-harassment, and retaliation policies that are customized for your workplace
    • Fair Chance Ordinance compliance
    • Complaint reporting procedures

   

• Employer Resources
  • California DFEH Model Harassment Policy (PDF)
  • SHRM Employee Handbook Sample
  • California Chamber of Commerce Sample Handbook:
  • Public Counsel Sample employee handbook for small businesses and non-profits
  • National Women’s Law Center Sample Policy (PDF)
  • California Civil Rights Department Employer Resources
  • EEOC Employer Guidance
  • San Diego County OLSE Fair Chance Ordinance Materials