What are Protected Classes in California? California has one of the most comprehensive bodies of law protecting classes of individuals from employment discrimination. On September 18th, Governor Newsom signed AB 2188, which prohibits employers from discriminating against a person based on their off-duty cannabis use. While most of these provisions overlap, they are not always similar. 2, 11041(d)). This page provides information about the settlement agreement (Consent Decree) reached in Department of Fair Employment and Housing v. Law School Admission Council, Inc. Code Regs., tit. Federal Court Complaint in DFEH v. LSAC (. Following approval by the county counsel, the county recorder will record the modification document (Government Code section 12956.2, subdivisions (a) and (b) ). His staff was kind and responded to my concerns in a timely manner. Call the Communication Center at 800-884-1684 (voice). Contact our employment law attorneysin Pasadena today to schedule a free consultation to discuss your workplace challenges. (Cal. These rights and protections include the right to reasonable accommodations and the right to time off from work. 2, 11035(s)(5)). hiring, transferring, promoting, terminating, or separating employees, working conditions, including compensation, and. Code Regs., tit. If possible, give your employer 30 days notice. The worksharing agreement between CRD and EEOC is posted on our website. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. Code Regs., tit. Pregnancy Disability Leave, or PDL, is leave from work to accommodate employees with a pregnancy disability. Committee Archives Historical Record calendar Legislative Calendar & Deadlines You are here Home Protected Classes Protected Classes Race Color Religion (includes religious dress and grooming practices) Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions) Gender identity, gender expression Please see Leave for Pregnancy Disability and Child Bonding: Quick Reference Guide. Code, 54 et seq.) Contact the California employment discrimination lawyers at Eldessouky Law to understand your rights and options. Sometimes an employee has a serious health condition as defined under the California Family Rights Act and qualifies for CFRA leave, but misses work without first requesting leave. Determining whether you belong to a protected class and what law applies to you will be crucial to establishing your claim for employment discrimination. Your employer may not require you to use vacation or paid time off. PDL and FMLA run at the same time because both cover pregnancy-related medical condition. The Family Rights Act, California Equal Pay Act and FEHA protect California employees from discrimination on the basis of: Related Reads: Can a Job Refuse to hire me because I am Pregnant? In these instances, you can only file under either law, even if you would obtain more favorable compensation elsewhere. The Equal Credit Opportunity Act. If you have at least 12 months of service with your employer (and have worked at least 1,250 hours during the previous 12-month period), you are entitled to take up to 12 weeks of parental leave to bond with a new child within one year of the childs birth, adoption, or foster care placement. 2, 11036 & 11039). What Does California Law Say About Noncompete Agreements? In an order issued on August 7, 2015 at page 2, the Court upholds most of the Panels Report.. This website may constitute attorney advertising in certain jurisdictions. Our bilingual attorneys and support staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online. The Age Discrimination Act only applies to employers with 20 or more employees. Complaints, Section 52.5 California Trafficking Victims Protection Act, Official California Legislative Information, Filed from calendar year 2001 to 2010 (PDF), Cases closed from calendar year 2001 to 2010 (PDF), Cases closed from calendar year 2001 to 2010 by closing category All laws (PDF), Case filed from calendar year 2001 to 2010 by bases Employment laws (PDF), Cases filed from calendar year 2001 to 2010 by bases Housing law (PDF), Case filed from calendar year 2001 to 2010 by alleged act Employment laws (PDF), March 1, 2019, Tracking Outcomes: 2019 Report to the Joint Legislative Budget Committee (PDF), December 2018, SB 491 Report on Local Enforcement (PDF), HUD Memorandum of Understanding 1997 (PDF), Read or download Restrictive Covenants Model Language (PDF). The Civil Rights Department (CRD) is responsible for enforcing state laws that make it illegal to discriminate against a job applicant or employee because of a protected characteristic (see What is Protected below). 2023 Romero Law, Apc All Rights Reserved. In general, a complaint of employment discrimination must be filed within three years from the date an alleged discriminatory act occurred. 2, 11041). In all 50 states, federal law makes it illegal to discriminate based on: race; color Modifying work duties to be less strenuous. https://lntriallawyers.com/wp-content/uploads/2021/01/logo2.png, https://lntriallawyers.com/wp-content/uploads/2021/01/upset-woman.jpg, National origin (includes language use and possession of a drivers license issued to persons unable to provide their presence in the United States is authorized under federal law), Disability (mental and physical, including HIV/AIDS, cancer, and genetic characteristics), Sex/gender (includes pregnancy, childbirth, breastfeeding and/or related medical conditions), Religion (includes religious dress and grooming practices), Request for leave for an employees own serious health condition, Retaliation for reporting patient abuse in tax-supported institutions, Medical condition (genetic characteristics, cancer or a record or history of cancer), Sex (including pregnancy, sexual orientation, and gender identity), Californias SB 1162 to Demand Pay Transparency, How Medical Bills from a Car Accident Are Handled in California, The Role of Expert Witnesses in Car Accidents. If your employer employs five or more employees and you have a pregnancy disability, you are eligible for PDL. Protected classes in California The Golden State has its own equal employment opportunity laws. (Cal. California workers cannot be retaliated against for reporting workplace discrimination against themselves or other employees, applicants, or co-workers. In this case, DFEH filed suit to halt ongoing harm to individuals with disabilities who sought to enter the legal profession. What are Protected Classes in California? (Cal. An investigation may be conducted on site and/or through telephone interviews. A board of directors of a common interest development or association is not required to obtain approval from the county recorder prior to removal of restrictive covenant language. Please note that most fully protected species have also been . In California, both federal and state law prohibit workplace discrimination based on an employees protected characteristics. New Protected Class for Cannabis Users. Harassment is prohibited in all workplaces, even those with only one employee or independent contractor on staff. Code, 12925; Cal. 2, 11035(d) & (f)). Code, 12945, 12945.5; Cal. In addition the Judge approved a Consent Decree with extensive provisions and revisions to LSACs practices regarding testing accommodations and which provided for $8.73 million in monetary relief. At Eldessouky Law, our California employment discrimination lawyers specialize in providing advice to individuals like you that suspect they may have been victims of employment discrimination. The same applies to classes only protected under California law. Four Areas in Your Business that Demand Legal Attention, Avoiding the Top Eight Legal Mistakes That Can Capsize Your Business. ), Ralph Civil Rights Act (CIV. . Code Regs., tit. 2, 11042(a)). 1010 Riverside Parkway, West Sacramento, CA 95605 California law protects individuals from illegal discrimination by employers based on the following: Age (40 and over) Ancestry, national origin Disability, mental and physical Gender identity, gender expression Genetic information Marital status Medical condition Military or veteran status Race Religion Gender Ask your doctor if you need time off work for a lactation-related medical condition. CRD Cannot Help With Use of a stool or chair while performing work duties. Lists were created for fish, amphibians, reptiles, birds and mammals. If your employer pays employees for other temporary disability leave, then your employer must pay you for your PDL. What Act prohibits lenders from discriminating against applicants on the basis of race, color, religion, national origin, sex, marital status, age or dependency on public assistance? Your employer must give you a written guarantee that you will be reinstated to your same job after PDL, if you request it. While the federal Fair Housing Act has additional exemptions, these do not apply in California. We represent employees from all walks of life. While this can be straightforward in some cases, it is far from easy in most. On January 26, 2015 the Best Practices Panel issued its Final Report. Legal Aspects of Real Estate Ch. Pursuant to Civil Code section 1352.5, the board of directors of a common interest development or association is required, without approval of the owners, to delete any unlawful restrictive covenant and restate the declaration or governing document without the restrictive covenant but with no other change to the document. Code Regs., tit. What Types of Legal Remedies Can I Pursue During a California Workplace Discrimination Claim? See the Emergency Closures page before visiting a CDFW office, facility or property. In some instances, you may be entitled to choose which law you want to file your claim under. Both parents are entitled to FMLA leave. assisting with CRD investigations or government inquiries. It is illegal for employers of five or more employees to discriminate against job applicants and employees because of a protected category or retaliate against them because they have asserted their rights under the law. This procedure does not apply to persons holding an ownership interest in property that is part of a common interest development. There is also harassment, which consists of hostile actions such as racial slurs, sexual touching, intimidation, etc. You may also be eligible for paid leave through other state laws or local ordinances, such as Paid Family Leave Benefits. In 2006, the procedures were substantially modified, transferring responsibility for the restrictive covenant program from the Department of Fair Employment and Housing to the local county recorders. For instance if an employer hires his spouse and gives them preferential treatment, this arguably discriminates against other employees based on their marital status. Both San Francisco and Santa Cruz, for example, prohibit workplace discrimination based on height and weight. 2, 11035(s)(5)). Code, 12945; Cal. There are a variety of state and federal laws that prohibit discrimination in the workplace. No. It's been years since Mr. Romero's office assisted me, but my experience was pleasant. What is the law on employment discrimination? CRD has attorneys who prepare and file cases in court. How do I determine which law applies to me? In all 50 states, it is illegal to discriminate based on: Title VII, the principle law prohibiting workplace discrimination, the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act are all federal laws that cover California companies with 15 or more employees. EXAMPLE: Your physician recommends that you spend less time than your normal 40 hours per week at work during your pregnancy. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). Under federal law, the following classes are protected from discrimination at work: It is also essential to remember that California anti-discrimination laws apply to employers with 5 or more employees even if the federal law applies only for those 15 and up. All rights reserved. (Gov. Examples of pregnancy disability include severe morning sickness, prenatal or postnatal care, need for bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, post-partum depression, lactation conditions such as mastitis, loss or end of pregnancy, and recovery from loss or end of pregnancy. A group of people with a common characteristic who are legally protected from employment discrimination on the basis of that characteristic. We've worked with Romero Law several times, and always feel their expertise and knowledge is point on. You will be paid if you use paid vacation or paid time off during your PDL. Code Regs., tit. Your employer may require that you provide a written medical certification from your health care provider substantiating your need for leave. Like state law, federal law specifies protected classes in the workplace although this list is shorter than state law. Not if the employee used CFRA or FMLA leave for the employees own serious health condition. However, a number of states (including New York and California) have instituted laws that prevent businesses from discriminating based on sexual orientation. The following common and scientific names are those given in the Fish and Game Code Sections 3511, 4700, 5050 and 5515. Previously, both these . 13 Fair Housing Laws. Please refer to DFEHs Pregnancy Disability Leave Fact Sheet. 48832. Employers of five or more are subject to the FEHAs prohibition against employment discrimination. DFEH does not enforce FMLA because it is a federal law under the jurisdiction of the United States government. Take the average number of hours you work per week and multiply that number by 17. Contractor Nondiscrimination and Compliance, Subchapter 6. At the federal level, different statutes were enacted at different times to prohibit workplace discrimination. This includes applicants for training programs leading to employment. There are several state and federal laws that protect certain classes of persons from discrimination in the workplace. 2, 11040, 11047, 11087(o) & 11093(e)). 2, 11040 & 11035(s)(4)). If you are a member of a protected class and believe you are being discriminated against in any way, we want to hear your story. Please note: Our firm only handles criminal and DUI cases, and only in California. 235, Ducksworth v. Tri-Modal Distribution Servs. Family, Medical, and Pregnancy Disability Leave for Employees in California Toolkit. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days. You are entitled to breaks while at work to lactate or express milk in private. Conflict of Interest Code ( 10500), Government Code, Title 2, Division 3, Part 1, Chapter 1, Article 9.5. (Cal. In many states, there are protected classes that make it illegal for employers to discriminate against. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. 2, 11043). 2, 11035). (Cal. In conjunction with this prohibition, county recorders, title insurance companies, escrow companies, real estate brokers, real estate agents or associations that provide declarations, governing documents, or deeds to any person are required to place a cover page over the document, or a stamp on the first page of the document, stating that any restrictive covenant contained in the document violates state and federal fair housing laws and is void. The classification of Fully Protected was the State's initial effort in the 1960's to identify and provide additional protection to those animals that were rare or faced possible extinction. (Cal. The Final Report of the Best Practices Panel calls for extensive changes. If you are able to complete essential functions of your job from home, you may request telework for one day per week as a reasonable accommodation to save your PDL for after childbirth. The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964; The statutes and case-law prohibiting and preventing sexual harassment; The types of conduct that can be sexual harassment; The remedies available for victims of sexual harassment; Supervisors obligation to report harassment; The limited confidentiality of the complaint process; Resources for victims of sexual harassment, including to whom they should report it; How employers must correct harassing behavior; What to do if a supervisor is personally accused of harassment; The elements of an effective anti-harassment policy and how to use it; Abusive conduct under Government Code section 12950.1, subdivision (g)(2). At Levin & Nalbandyan, LLP, we know that discrimination is never easy to endure. For more information please visit EDDs Am I Eligible for Benefits? page. An email will be sent to the Streaming Support distribution list and Adjourn the hearing. If your employer has five or more employees, you are entitled to rights and protections under California state law in the event of pregnancy, childbirth, loss of pregnancy, and related physical or mental conditions. The Age Discrimination Act, which protects against discrimination on the basis of age. VII, section 1(b). How do I know I am in a protected class in California? Code Regs., tit. Californias civil rights laws were consolidated in 1980 under the jurisdiction of the Civil Rights Department (CRD), which is now the largest civil rights agency in the country. Legally protected classes include: Age Color Gender identity/gender expression Genetic information Marital status Medical condition Lists were created for fish, amphibians, reptiles, birds and mammals. Code Regs., tit. This list of cruisers of the United States Navy includes all ships that were ever called "cruiser", either publicly or in internal documentation.. Employer does not include the federal government or a non-profit religious association or corporation. On this episode of Big Blend Rad. (Cal. a lawsuit against the employer for retaliation or wrongful termination. Code Regs., tit. . A reasonable accommodation is a change in the work environment or the way a job is done in order to accommodate your pregnancy disability while still performing the essential functions of your job. You may take your PDL all at once or intermittently. Intermittent PDL is taking leave in small increments, which can be hours, days, weeks or months. The remedies available for employment discrimination include: Please refer to CRDs Family Care and Medical Leave Fact Sheet. Shouse Law Group has wonderful customer service. Code Regs., tit. Your employer is required to grant you this reasonable accommodation and may not require you to use PDL instead of teleworking. Martin v. Lockheed Missiles & Space Co. (1994) 29 Cal.App.4th 1718, 1724. Parent includes a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. There are three types of qualified trainers: Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964; Human resource professionals or harassment prevention consultants with at least two years of practical experience in: Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII. Here is what California workers need to know about discrimination in the workplace. Talk to your health care provider and your employer about necessary reasonable accommodations. The modification document should include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive language stricken. However, when the claims arise on federal property, such as a military base, federal law will apply. Employers must provide sexual harassment prevention training in a classroom setting, through interactive E-learning, or through a live webinar. They expanded the original acts list of protected classes to include as many as 18 characteristics such as sex and disability. What are the Protected Classes in California? The Fair Employment and Housing Act(FEHA) applies to public and private employers, labor organizations, and employment agencies in Californiaand prohibits employment discrimination, harassment, and retaliation based on protected classes. Visit www.dfeh.ca.gov or call 1 (800) 884-1684 (voice) or email contact.center@dfeh.ca.gov. For example, groups that are not considered protected classes include: Education Level; Economic Class; Social Membership; Illegal or Undocumented Aliens; People with Criminal Records. When an employee with a serious health condition cant return to work after 12 weeks of CFRA or FMLA leave, the employer must initiate an interactive process to consider reasonable accommodations such as additional leave. (Cal. National origin, sex, and religion were added to the list of protected classes in employment by Title VII . (Cal. They expanded the original act's list of protected classes to include as many as 18 characteristics such as sex and disability. The term often arises in employment discrimination cases where an employer unfairly treats an employee on the basis of, for example, the workers age, color or religion. There are new cannabis-use rights for California employees on the horizon. (Cal. Disclaimer: This website is not intended to solicit, and does not create, an attorney-client relationship between Eldessouky Law or any of its attorneys and any other person or entity. Contact Our Skilled Workplace Discrimination Attorneys in Pasadena to Schedule a Free Consultation Today. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 5.0 (2 reviews) Term. CRD gathers evidence to determine if the complainants allegations can be proven. Getting justice shouldnt be about having enough money. If you think you may have to take time off from work for your pregnancy-related disability, inform your employer as soon as possible. CRD does not have jurisdiction over all workplace complaints. Mailing: P.O. 2023 Integrated General Counsel. It is part of the states Business, Consumer Services and Housing Agency. If you are successful in a lawsuit, then you can recover money damages from your employer. Protected classes in California includeRace, Color, Ancestry, National Origin, Sexual orientation, Gender identity and expression, Sex, Pregnancy, childbirth & related medical conditions, Religion, Disability, Age (for persons 40 and older), Military or veteran status, Status as a victim of domestic violence, assault or stalking, Genetic information, Political affiliation or activities, Medical or health conditions, and Marital status. You may be able to pursue compensation for damages you experience. In 2000, the FEHA was amended to establish procedures by which illegal restrictive covenants may be removed. For example, certain people who belong to a particular race or are of a particular age may be treated unfairly simply because of that fact. It can only help resolve employment complaints that involve discrimination or harassment based on a FEHA-protected characteristic such as race, sex, religion, national origin, or disability, for example, or reasonable accommodation, CFRA or PDL complaints. 2, 11035(e)). On May 29, 2014, United States District Court Judge Edward M. Chen entered a Permanent Injunction banning LSAC from annotating or flagging the LSAT scores of test takers who took the examination with the accommodation of additional test time. 'On the bases enumerated in this part' means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability,. Employer size: FEHA applies to employers with 5 or more employees while most federal laws apply to employers with 15 or more. It is also illegal to discriminate against any protected class in the following business practices: If you have been discriminated against at work, contact our California employment law firmtoday to discuss your case and to learn about the potential remedies that are available for your unique circumstances. CFRA leave may also be taken to care for a sick family member. The California Code of Regulations Title 2 [Administration] has the exact language that describes CRDs authority and responsibilities. California Code of Regulations, Title 2 Administration, Division 4.1 Department of Fair Employment and Housing, Chapter 5. The forthcoming information provides further insight into what is considered a protected class in California. Copyright Eldessouky Law | All Rights Reserved. Temporary transfer to a less strenuous or hazardous job. In addition to the 7 protected classes provided at the federal level, California extends that list further by adding citizenship status, ancestry, gender identity/expression, mental disability, marital status, immigration status, military and veteran status, primary language, income . Were added to the FEHAs prohibition against employment discrimination on the basis of that characteristic care! Accommodations and the right to time off from work for your PDL all at once or intermittently our workplace! State laws or local ordinances, such as racial slurs, sexual,. On site and/or through telephone interviews against themselves or other employees, applicants, or co-workers against... Cover pregnancy-related medical condition offensive behavior and includes gender-based harassment of a common characteristic are! Like state law, even if you think you may take your.. Although this list is shorter than state law 's office assisted me, but my experience pleasant! Government or a non-profit religious association or corporation the average number of hours you work per at... Worksharing agreement between crd and EEOC is posted on our website cases and! Fish and Game Code Sections 3511, 4700, 5050 and 5515 its own employment! Law will apply our employment law attorneysin Pasadena today to schedule a free consultation today to reasonable accommodations law apply! Protected class in California, both federal and state law prohibit workplace based... By the National Trial lawyers as one of the United states government cannabis-use rights for employees! Is never easy to endure required to grant you this reasonable accommodation may. Has its own equal employment opportunity laws will apply compensation for damages experience... Independent contractor on staff the claims arise on federal property, such as racial slurs, sexual,. Transferring, promoting, terminating, or PDL, is leave from work to lactate or milk. 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Of persons from discrimination in the workplace I Am in a protected class in California a complete copy of Panels! ( 1994 ) 29 Cal.App.4th 1718, 1724 in Pasadena to schedule a free consultation to discuss your challenges... Be able to Pursue compensation for damages you experience has additional exemptions these! Visiting a CDFW office, facility or property basis of that characteristic, DFEH filed suit halt. Center at 800-884-1684 ( voice ) or email contact.center @ dfeh.ca.gov temporary transfer a. To schedule a free consultation today 5 or more employees and you have a disability... Working conditions, including compensation, and pregnancy disability, you may take PDL. Than state law prohibit workplace discrimination based on height and weight Cal.App.4th 1718, 1724 provisions,! 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Can Capsize your Business that Demand Legal Attention, Avoiding the Top 100 Civil Attorneys number of hours you per... Run at the federal level, different statutes were enacted at different times to prohibit workplace.. The unlawfully restrictive language stricken law attorneysin Pasadena today to schedule a free consultation discuss. Hostile actions such as a military base, federal law under the jurisdiction the! Sexual harassment prevention training in a classroom setting, through interactive e-learning, or PDL is., they are not always similar association or corporation from easy in most number by 17 list of protected classes in california procedure does include! Guarantee that you spend less time than your normal 40 hours per week at work to accommodate with! Of Age upholds most of the Best Practices Panel issued its Final Report of the same sex as harasser. With a common characteristic who are legally protected from employment discrimination include: please refer DFEHs! Because it is a federal law specifies protected classes in California in Court staff was kind and to! Crd gathers evidence to determine if the complainants allegations can be proven that protect certain classes of individuals from discrimination. Family member v. Lockheed Missiles & Space Co. ( 1994 ) 29 Cal.App.4th 1718, 1724 Center at 800-884-1684 voice... Law specifies protected classes in the workplace although this list is shorter than state law, even those only. Classes in California: please refer to CRDs Family care and medical leave Fact Sheet instructions on to... Attorneys who prepare and file cases in Court include: please refer to CRDs Family and. Workplace although this list is shorter than state law while this can proven. Under the jurisdiction of the Panels Report with use of a common characteristic who are legally protected employment! My experience was pleasant damages you experience for damages you experience person based on their off-duty cannabis use employers discriminating. Attorneys in Pasadena to schedule a free consultation to discuss your workplace challenges Levin Nalbandyan... It 's been years since Mr. Romero 's office assisted me, but my experience was pleasant to time... Consists of hostile actions such as paid Family leave Benefits 2 Administration, 4.1... Or through a live webinar person based on list of protected classes in california employees protected characteristics you will be reinstated your. Week at work to lactate or express milk in private call the Communication Center list of protected classes in california 800-884-1684 ( voice ) to. Reinstated to your same job after PDL, is leave from work for your PDL all once! For employers to discriminate against per week and multiply that number by 17 in certain jurisdictions be proven includes harassment... Terminating, or co-workers at once or intermittently modification document should include a complete copy of the United states.... Help with use of a person based on height and weight 11040 & 11035 ( d ) & 11093 e! 18Th, Governor Newsom signed AB 2188, which can be proven protected from employment discrimination reinstated to your job. Same time because both cover pregnancy-related medical condition gender-based harassment of a person the! Because it is far from easy in most do not apply to persons holding an ownership interest in that! Many forms of offensive behavior and includes gender-based harassment of a common characteristic are! California workplace discrimination based on their off-duty cannabis use accommodations and the right to time off during your.. Schedule a free consultation today against themselves or other employees, working conditions, including,! Evidence to determine if the employee used CFRA or FMLA leave for the own! 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Remedies can I Pursue during a California workplace discrimination against themselves or other employees applicants. After PDL, is leave from work for your pregnancy-related disability, you may take PDL. Necessary reasonable accommodations time than your normal 40 hours per week and multiply that list of protected classes in california by 17 created for,... Distribution list and Adjourn the hearing further insight into what is considered a protected in...