California has very strict workplace laws that are meant to provide a safe environment for the state’s workers. These are often more encompassing than federal laws. California uses federal laws as a baseline and then increases protections and expands definitions of terms to help create more inclusive and equitable workplaces.
One of the most prevalent differences between California and federal laws is that the state’s laws apply to smaller businesses than federal laws. Most federal laws usually apply to businesses that have at least 15 employees; however, many California laws apply to businesses with at least five employees.
Broader definitions and more protections
One of the key ways California laws surpass federal laws is via broader definitions of discrimination and harassment. For example, California’s Fair Employment and Housing Act (FEHA) covers more protected categories than federal laws like Title VII of the Civil Rights Act.
FEHA protects workers from discrimination based on marital status, gender expression, sexual orientation, gender identity and medical conditions, among others. This means that more employees are shielded from discrimination under California law.
Additionally, California has stricter harassment laws. Unlike federal law, which requires harassment to be severe or pervasive to be actionable, California law requires only that the behavior create an intimidating, hostile or offensive work environment. This lower threshold makes it easier for employees to take action against inappropriate behavior.
Upholding employee rights
California workers who are being discriminated against because of a protected status or harassed on the job should document the incidents that occur. This information can be helpful when they make a complaint to their employer about the situation. It’s also going to be important documentation if they choose to file a complaint with the California Civil Rights Department (CRD) and/or pursue a lawsuit.
Some workers who file a complaint with the CRD will receive a “right to sue,” which is necessary before they can file a lawsuit against their employer. This process can be complex, so it behooves them to with a legal representative to assist with pursuing justice.