Estimated reading time: 14 minutes

Key Takeaways

• If you’re wondering “which of the following are protected classes under the Fair Employment and Housing Act,” California’s FEHA covers a broad list including race, color, ancestry, national origin, religion, sex/gender (pregnancy and breastfeeding), sexual orientation, gender identity/expression, age 40+, disability, medical condition, genetic information, marital status, and military/veteran status.

• FEHA applies to most employers in California with 5 or more employees for discrimination and to all employers (even one employee) for harassment; retaliation is also prohibited.

• California’s official resources and respected legal summaries align on the protected categories, while cities like Los Angeles may add local protected classes or enforcement tools.

• FEHA provides strong remedies, including back pay, reinstatement, emotional distress damages, penalties, and attorney’s fees—so documenting incidents and filing timely complaints is critical.

• FEHA’s protections are separate from fair housing laws; compare employment protections with federal Fair Housing Act categories to avoid mixing the two.

Table of Contents

• Introduction

• FEHA at a Glance

• The Complete List of FEHA Protected Classes

• Race, Color, Ancestry, and National Origin

• Religion and Religious Practices

• Sex, Gender, Pregnancy, and Breastfeeding

• Sexual Orientation, Gender Identity, and Gender Expression

• Disability, Medical Condition, and Genetic Information

• Age 40 and Over

• Marital Status, Military and Veteran Status

• Key Nuances Employees Should Know

• What FEHA Prohibits

• FEHA vs. Federal Law and Fair Housing Rules

• Examples of Unlawful Conduct by Protected Class

• How to Spot and Document a FEHA Violation

• Filing a FEHA Complaint and Timelines

• Remedies and Likely Outcomes

• Local Protections in California Cities

• Conclusion

• FAQ

• Which classes are protected under FEHA?

• Does FEHA cover small employers?

• Is hairstyle discrimination covered under FEHA?

• How is FEHA different from the Fair Housing Act?

• What evidence helps a FEHA case?

Introduction

If you’re searching “which of the following are protected classes under the fair employment and housing act,” you likely need a clear, practical list of who is covered—and what that means at work. In California, FEHA protects workers from discrimination, harassment, and retaliation based on specific personal characteristics known as protected classes.

This guide explains each FEHA protected class in plain English, shows how the law is enforced, and offers step-by-step tips to document and report violations. It also contrasts FEHA’s employment protections with federal fair housing rules so you don’t mix up different legal standards. Finally, it outlines timelines and remedies so you can act quickly and protect your rights.

For broader background on protected categories across U.S. workplace laws, see our overview of protected classes in workplace discrimination laws.

FEHA at a Glance

California’s civil rights agency explains that it is illegal for employers with 5 or more employees to discriminate against applicants or employees because of a protected category—or to retaliate for asserting rights. Harassment is prohibited in all workplaces, even those with fewer than five workers. See the state’s plain-language summary from the California Civil Rights Department (CRD) on employment discrimination.

In practice, FEHA’s reach is broad. It covers hiring, pay, assignments, training, promotions, discipline, termination, and more. It requires reasonable accommodations and a good‑faith interactive process for disability and religion. It also requires employers to take reasonable steps to prevent and correct harassment and discrimination.

The Complete List of FEHA Protected Classes

California’s public resources and legal analyses consistently list the protected categories FEHA covers. The California State Senate provides an official overview of protected classes recognized under California law. Leading employment-law firms also provide helpful, up-to-date summaries of FEHA’s protected categories, including race, color, national origin, religion, sex/gender and more, age 40+, ancestry, disability, gender identity/expression, sexual orientation, comprehensive lists of FEHA protected classes, the “seventeen” protected classes in California, and firm explainers on FEHA categories and coverage.

Race, Color, Ancestry, and National Origin

FEHA protects employees and applicants from bias based on race, color, ancestry, and national origin, including accents, language use, birthplace, and ethnic traits. California’s overview of protected classes includes race and color as core categories, with national origin and ancestry treated distinctly. See the state’s protected classes list.

Bias can appear in hiring screens, assignments, or appearance/grooming policies that disproportionately impact certain racial or ethnic groups. If you’re dealing with race-based bias or retaliation, our step-by-step guide to racial discrimination at work explains your rights and next steps.

Hair texture and protective hairstyles often relate to racial identity. California’s CROWN Act ties hair discrimination to race. If a grooming rule targets natural hair or protective styles, learn how to challenge it in our guide to hairstyle discrimination at work.

Religion and Religious Practices

FEHA bars discrimination based on religion and creed, which includes religious dress and grooming practices. The California State Senate notes this coverage explicitly for dress and grooming in its protected classes explainer. Employers must provide reasonable accommodation for religious beliefs and practices unless doing so creates an undue hardship.

If you need practical steps to request accommodation or respond to bias, see our plain‑English guide to religious discrimination and accommodations at work.

Sex, Gender, Pregnancy, and Breastfeeding

FEHA protects sex and gender, including pregnancy, childbirth, breastfeeding, and related medical conditions. The state’s protected-classes resource lists sex/gender coverage and explicitly notes pregnancy and breastfeeding in its official summary. The legal summaries above likewise confirm sex/gender coverage under FEHA, including pregnancy-related protections from hiring through termination.

If sex-based harassment is part of your situation, learn the legal standards and options in our guide to workplace sexual harassment.

Sexual Orientation, Gender Identity, and Gender Expression

FEHA prohibits discrimination based on sexual orientation as well as gender identity and gender expression. California’s official materials and legal commentaries align that LGBTQ+ workers are protected, including transition-related needs such as name/pronoun use and restroom access when handled in a discriminatory way. See the state’s protected classes coverage and the firm summaries cataloged above.

For practical workplace tips on pronouns, names, restrooms, and accommodations, review our transgender workplace rights guide.

Disability, Medical Condition, and Genetic Information

FEHA protects employees with physical and mental disabilities, as well as individuals with covered medical conditions and genetic information. California’s official protected classes include disability, medical condition, and genetic information. See the State Senate’s list of protected categories and firm summaries above confirming FEHA’s reach.

FEHA also requires employers to provide reasonable accommodations and to engage in an interactive process. If you need a deeper primer on accommodations, the interactive process, and evidence to collect, read our disability discrimination rights and accommodations guide.

Age 40 and Over

FEHA protects workers age 40 and over from discrimination. This includes hiring screens, reduction-in-force criteria, promotion barriers, and ageist comments or policies that create a hostile environment. California’s official list includes age, 40+, in its protected classes overview, and the firm summaries on FEHA protections confirm this category.

If you’re seeing age-coded hiring terms or biased layoff criteria, our resource on age discrimination explains what to document and how deadlines work.

Marital Status, Military and Veteran Status

FEHA also covers marital status and military/veteran status. The state’s protected classes page includes these categories, and California’s civil-rights and legal resources consistently recognize them in FEHA coverage. This means employers cannot favor or penalize someone because of being single, married, divorced, or widowed, or due to active duty, reserve status, veteran status, or related service.

Key Nuances Employees Should Know

Coverage thresholds matter. As the CRD emphasizes, discrimination is unlawful for employers with 5+ employees, while harassment protections apply regardless of employer size. Retaliation is barred across the board. These core rules are laid out in the CRD’s employment discrimination overview.

Harassment can be by supervisors, coworkers, or even non-employees such as customers or vendors if the employer knew or should have known and failed to act. Employers must also take reasonable steps to prevent and correct harassment and discrimination. If you’re weighing what counts as a hostile environment, our guide explains what a hostile work environment is and how to respond.

What FEHA Prohibits

FEHA makes it unlawful to discriminate in any employment term or condition based on a protected class. It also prohibits harassment and retaliation for reporting or opposing discrimination, or for participating in investigations or proceedings. The state’s employment discrimination guidance describes these prohibitions in accessible terms.

FEHA requires reasonable accommodations for disability and religion and requires employers to engage in a good‑faith interactive process. A failure to accommodate or to participate in that process is itself a separate FEHA violation, independent of discrimination or harassment. For a broader legal context and practical steps, see our resource on workplace discrimination laws for employees.

FEHA vs. Federal Law and Fair Housing Rules

It’s easy to confuse employment and housing protections because both use the term “protected classes.” FEHA covers employment. The federal Fair Housing Act (FHA) covers the sale and rental of housing. Nationally, the FHA recognizes seven core protected classes—race, color, national origin, religion, sex, familial status, and disability—outlined in both nonprofit and federal resources, including EqualHousing.org’s FHA explainer and the U.S. Department of Housing and Urban Development’s overview.

California and local fair housing agencies enforce housing rights as well. For example, one regional resource details prohibited housing actions and local enhancements in California and local fair housing rights. But keep the scopes straight: FEHA governs employment; FHA concerns housing. If you’re dealing with workplace problems, apply FEHA employment standards and processes—not fair housing procedures.

Examples of Unlawful Conduct by Protected Class

These examples illustrate how protected-class bias can appear at work. They’re not exhaustive, but they reflect common patterns under FEHA’s categories.

• Race/color/ancestry/national origin: Screening out applicants with an accent; restricting customer‑facing roles based on perceived ethnicity; hair or grooming policies that penalize natural hair or protective styles tied to race. Learn how to challenge hairstyle discrimination tied to race.

• Religion: Denying modest scheduling adjustments to observe a Sabbath; banning religious dress or grooming without assessing accommodations; hostile comments about religious practices. Get practical steps in our religious discrimination guide.

• Sex/gender/pregnancy/breastfeeding: Penalizing pregnancy-related medical visits; denying lactation breaks or clean private space; sex-based pay disparities; sexist assignments or harassment. If harassment is an issue, see our sexual harassment explainer.

• Sexual orientation/gender identity/expression: Refusing to use proper names/pronouns; denying restroom access alignments; blocking promotions due to orientation; retaliating when a worker reports anti-LGBTQ+ slurs. For concrete workplace tips, read our transgender rights guide.

• Disability/medical/genetic: Rejecting reasonable ergonomic or scheduling accommodations; refusing an interactive process; unlawful medical inquiries or genetic-information requests. See our detailed disability discrimination and accommodation resource.

• Age 40+: Asking for “digital natives only,” coding job ads for “recent grads,” or forcing older workers into less visible roles while favoring much younger employees. Learn how to build an age-bias case in our age discrimination guide.

• Marital/military/veteran status: Penalizing schedule requests for a spouse’s medical issues; stereotyping veterans’ mental health; preferring single employees for advancement; punishing reserve-duty absences.

How to Spot and Document a FEHA Violation

Most discrimination cases turn on evidence. Focus on dates, details, documents, and witness corroboration. Save emails, messages, performance reviews, schedules, policy manuals, and any recordings you are legally allowed to make in your state. Keep an off‑work backup of everything you collect.

Use a simple incident log: who, what, when, where, and witness names with contact details. Capture context—what happened before and after the incident—and note any shift in treatment after you reported a concern (possible retaliation).

Follow your employer’s reporting policy promptly and in writing. If you are not sure how to structure a report or preserve evidence, our practical guide on how to report workplace discrimination walks through documentation, HR reporting, and anti‑retaliation protections.

Filing a FEHA Complaint and Timelines

FEHA claims are typically filed with the California Civil Rights Department (CRD). The CRD investigates, can mediate, and in some cases litigates. The agency also issues Right‑to‑Sue notices if you prefer to proceed in court. See its summary on employment discrimination enforcement.

Deadlines are strict. In many discrimination matters, you have a limited time window to file with the appropriate agency, and the clock may run quickly after the last discriminatory act or your termination. For a plain‑English overview of federal EEOC timelines that often run in parallel, see our guide to filing an EEOC complaint and our explainer on how long you have to file a discrimination claim.

Depending on your facts, you might dual‑file with the EEOC and CRD. An attorney can help you choose the best forum and confirm the right deadlines for your situation.

Remedies and Likely Outcomes

FEHA remedies can include back pay, front pay, reinstatement, emotional distress damages, civil penalties, policy changes, training, and attorney’s fees. The value of a case depends on evidence, the severity and duration of harm, mitigation efforts, and your goals. Our data‑driven primer on discrimination settlement amounts explains typical ranges and key drivers.

Many cases resolve through agency mediation or private negotiation. Others proceed to litigation. Strong documentation, timely filings, and effective legal strategy typically raise the chances of a favorable outcome.

Local Protections in California Cities

Some cities add local protected classes or specialized enforcement. For example, Los Angeles’ Civil + Human Rights and Equity Department lists protections including gender identity, gender expression, sexual orientation, disability, medical condition, genetic information, marital status, and partnership status as part of its local protected classes enforcement areas. Local rules do not replace FEHA—they often supplement it.

If your issue involves Los Angeles workplaces, our local resource on Los Angeles FEHA harassment and discrimination rights offers city‑aware guidance on deadlines, evidence, and remedies.

Conclusion

California’s FEHA protects employees across a comprehensive set of characteristics: race, color, ancestry, national origin, religion, sex/gender (including pregnancy and breastfeeding), sexual orientation, gender identity/expression, disability, medical condition, genetic information, age 40+, marital status, and military/veteran status. It bars discrimination, harassment, and retaliation and requires accommodation where the law applies. Acting fast—within the right forum and deadlines—matters. Use the official resources and legal summaries linked above to confirm your protected class, gather evidence, and consider filing with the CRD or court with counsel.

Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.

FAQ

Which classes are protected under FEHA?

FEHA protects against discrimination, harassment, and retaliation based on race, color, ancestry, national origin, religion (including dress and grooming), sex/gender (including pregnancy, childbirth, and breastfeeding), sexual orientation, gender identity, gender expression, disability (physical and mental), medical condition, genetic information, age 40+, marital status, and military/veteran status. See California’s official overview of protected classes and firm summaries confirming these categories, including Hughes, Hubbard & Dwyer’s FEHA list, Romero Law’s breakdown, Freeburg & Granieri’s list, Setyan Law’s “seventeen” classes, and Cummings & Franck’s FEHA explainer.

Does FEHA cover small employers?

Discrimination is unlawful for employers with 5 or more employees. Harassment is prohibited even in very small workplaces. Retaliation is also unlawful. These thresholds and duties are summarized by the California Civil Rights Department.

Is hairstyle discrimination covered under FEHA?

Yes—hair discrimination is treated as race discrimination in California (CROWN Act). If a policy targets natural hair or protective styles, that can be unlawful. See how to identify and challenge it in our guide to hair discrimination at work.

How is FEHA different from the Fair Housing Act?

FEHA covers employment. The federal Fair Housing Act covers housing. National housing protections center on seven categories (race, color, national origin, religion, sex, familial status, disability) as outlined by EqualHousing.org and HUD’s FHA overview, with California and local housing agencies adding details, as shown by Fair Housing Advocates of Northern California. Do not apply housing rules to workplace issues.

What evidence helps a FEHA case?

Detailed documentation. Keep timelines, emails, chat messages, performance reviews, schedules, policy manuals, and lawful recordings. Note witness names and what they saw or heard. File internal reports promptly. For a step-by-step approach to preserving proof and reporting safely, see our practical guide on reporting workplace discrimination and the federal process in how to file an EEOC complaint.