What Is a Protected Class in California? The Full List, and the Ones People Get Wrong

A protected class is a characteristic the law says cannot be the reason you are treated worse at work. California names them in Government Code section 12940(a). Two things trip people up: the employment list is not the same as the housing list, and some characteristics people assume are covered are protected by a different statute instead, or not at all.

At a glance

• The employment list lives in Government Code section 12940(a) and covers race, religious creed, color, national origin, ancestry, physical and mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran or military status.
• "Race" is defined to include hair texture and protective hairstyles.
• Familial status and source of income are protected in California housing law. They are not in the employment list.
• Political affiliation is absent from the list. Political activity is protected by a separate law.
• Being treated badly for no listed reason is not discrimination, however unfair it feels.

What people assume, and what California law says

What is a protected class in California?

It is a characteristic that cannot lawfully be the reason behind a decision about your job. Not a reason among several. The reason.

Section 12940(a) makes it unlawful for an employer to refuse to hire, to discharge, or to discriminate in compensation or in the terms and conditions of employment "because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status".

That single sentence is the whole list for employment. If a characteristic is not in it, and no other statute picks it up, then treating you differently because of it is not unlawful discrimination in California, whatever else it might be.

Why does the number keep changing?

You will see the list described as 17 protected bases, or 18, or more. The disagreement is not about the law. It is about counting.

The statute names some characteristics as pairs in one breath: physical disability and mental disability, gender identity and gender expression, veteran or military status. Split those and the count rises. Group them and it falls. Some publishers also fold in characteristics that come from other statutes.

So the count is a poor thing to rely on. The words in the statute are the thing to check, and they are quoted above.

What is not a protected class at work in California?

This is the part that costs people cases, so it is worth being blunt.

Familial status. Whether you have children, or how many, is not in the employment list. It is in the housing list, at section 12955(a), alongside source of income. Those two words appear in one part of the same code and not the other, and that difference is easy to miss when you read a summary rather than the statute. Related protections can still apply, because pregnancy, disability and leave rights sit elsewhere in the law, but familial status itself is not an employment protected class.

Source of income. Same position: it sits in the housing provision and not the employment one.

Physical appearance and weight. The statute does not name either. A condition underlying someone's weight may qualify as a disability or a medical condition, and then the analysis runs on those grounds instead, but appearance on its own is not a listed characteristic.

Caregiver or parental status. Not named in section 12940(a). Pregnancy, pregnancy disability leave and family leave rights are real and sit in other parts of the law, so a caregiving dispute often has a route. It just is not this one.

A bad reason that is not a listed reason. A manager who is arbitrary, who plays favorites, or who simply dislikes you is not breaking discrimination law by doing so. Our separate article on suing an employer for unfair treatment covers what turns unfair into unlawful.

Political affiliation, with a twist. It is not in section 12940(a). But Labor Code section 1101 says no employer shall make, adopt or enforce any rule "(a) Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office. (b) Controlling or directing, or tending to control or direct the political activities or affiliations of employees." So the protection exists. It is simply not a FEHA protected class, and it is claimed under a different statute.

That last one is the pattern worth remembering. "Not a protected class" is not the same as "no protection". It means the claim, if there is one, comes from somewhere else.

Does the list cover hair?

Yes, and explicitly. Section 12926 defines the terms used in the statute, and subdivision (w) says "'Race' is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles." Subdivision (x) then defines protective hairstyles as including "such hairstyles as braids, locs, and twists."

So a grooming policy that penalizes those hairstyles is not outside discrimination law because it is written as a dress code. It reaches race, and race is in the list.

Ready to talk it through?

If you are trying to work out whether what happened to you touches one of these characteristics, the useful thing is a look at your facts rather than a list. We read what happened free.

How long do I have to file a claim?

For a discrimination, harassment or retaliation claim under the Fair Employment and Housing Act, you generally have three years from the unlawful act to file a complaint with the California Civil Rights Department (CRD) (formerly DFEH). Once the CRD issues a right to sue notice, a separate one year clock starts for filing in court, and that second deadline is firm.

Some claims run shorter. Claims against a public entity and claims based on a contract can carry much tighter deadlines. Treat yours as short until someone has calculated it against your dates.

Frequently asked questions

What is a protected class in California?

A characteristic that cannot lawfully be the reason for how you are treated at work. Government Code section 12940(a) lists them for employment: race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran or military status.

Who is not a protected class in California?

At work, familial status and source of income are not in the list, though both appear in the housing provision at section 12955(a). Physical appearance, weight, and caregiver or parental status are not named either. Political affiliation is not a FEHA protected class, but political activity is protected by Labor Code section 1101.

How many protected classes are there in California?

The statute names them in one sentence and does not number them, which is why you will see 17, 18 or more depending on who is counting. Some characteristics are named as pairs, such as physical and mental disability, so the total depends on whether you split them. Read the words rather than the count.

Is familial status protected in California employment law?

No. Familial status is in the housing provision, section 12955(a), not in the employment list at section 12940(a). Rights connected to pregnancy, disability and family leave live elsewhere in the law and may still apply to your situation.

Is hair covered by discrimination law in California?

Yes. Section 12926 defines "race" to include traits associated with race, "including, but not limited to, hair texture and protective hairstyles", and defines protective hairstyles as including braids, locs and twists. A grooming rule that targets those styles reaches race.

Does my employer have to be a certain size?

For most discrimination claims under the Act the employer must have five or more employees. The harassment provisions reach smaller employers, including those with one. If you work somewhere small, do not assume the answer is no.

If my characteristic is on the list, do I have a claim?

Not automatically. The characteristic has to be the reason for what happened, and that connection is what a case turns on. Being in a protected class establishes that the law could apply, not that it was broken.

Where to start

Write down what happened and when, in order, while you remember it. Note who said what, who else was present, and what changed afterwards. Then check your dates, because the deadline runs from the act rather than from the day you understood it.

The Law Offices of Jonathan J. Delshad is a Los Angeles based employment law firm representing employees across California in wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Representing employees is the core of the firm's practice. Mr. Delshad serves as Editor-in-Chief of the California Wrongful Termination Law Review and trained at Latham & Watkins. Recognition includes Super Lawyers (2022 to 2026), Best Lawyers (since 2017), and an Avvo 10.0 "Superb" rating. Reviewed for California employment law accuracy. Last updated: August 26, 2026.

Attorney advertising. This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship, which exists only under a signed engagement agreement. Every case is different, and outcomes depend on the specific facts. Deadlines can run early, so consult a lawyer promptly about your situation.