Tag Archives: EEOC

National Origin Discrimination: California to up the Ante

Remember the travel ban? The Wall? Ramped up deportations? California is moving to counter and guard against potential negative employment consequences for foreign-born workers and more.  The California Department of Fair Employment and Housing (DFEH), the agency charged with enforcing the state’s civil rights laws, is considering new regulations to implement or enhance California’s national-original discrimination statute. The current statute, Government Code §12940, identifies national origin as a prohibited basis for discrimination, but doesn’t provide details. The DFEH is empowered to promulgate regulations interpreting and implementing this statute and others. Cal. Gov’t Code §12935(a). So what enhancements are contained in …


Is Gender Identity a Protected Class?

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.”  Yesterday, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal government’s stance regarding whether gender identity is a protected class under Title VII of the Civil Rights Act of 1964 (Title VII). Attorney General Jeff Sessions communicated in a letter to all U.S. Attorneys on October 4, 2017 that Title VII does not cover bias based on transgender status.  The letter reverses a position taken by former Attorney General Eric Holder in December 2014.  Attorney General Sessions wrote, “This …