On January 21, 2025, the new administration revoked aspects of U.S. Civil Rights claiming they create illegal discrimination. The specific acts that the president revoked are:

• Act Promoting Diversity and Inclusion in the National Security Workforce
• Environmental Justice in Minority Populations and Low-Income Populations
• Initiative to Promote Diversity and Inclusion in the Federal Workplace
• Prohibition of Discrimination Because of Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, or National Origin

As the president gutted areas of the Equal Employment Opportunity Act, people wonder what happens now. How are these revocations going to affect Americans and, on a more local level, Californians? What is important is that this only affects federal workers. If you’re not employed or applying for federal employment opportunities, you don’t have to worry at this point. Shegerian Conniff wants to give you a full break down on the impacts to all Americans as well as Californians.

How This Impacts All Americans

There are a few worrisome sections. It says that heads of all agencies and the attorney general should encourage the private sector to end DEI discrimination and preferential treatment. It also states that state and local educational agencies, colleges, and universities that receive federal funds will receive guidance on complying with student loan assistance and grants within 120 days.

Effective January 20th, the following rules are in place for at least 90 days. Federal agencies and workforces must:

• Balance hiring practices and workforces based on color, national origin, race, religion, sex, or sexual preference.
• Continue the promotion or operation of any activity or program that promotes DEI.
• Find and report “up to nine potential civil compliance investigations of publicly traded corporations, non-profits, foundations with assets of $500 million or more, state and local bar and medical associations, and colleges and universities with endowments of $1 billion or more.
• Develop strategies to encourage the end of DEI in the private sector.

The order does protect a state’s First Amendment-protected speech. It also offers protections to U.S. Armed Forces veterans and teachers at colleges and universities.

It’s all too new to understand how this will play out. Several lawsuits have been filed to challenge the reversal of DEI policies. Companies that immediately stopped DEI initiatives could be in trouble if someone complains about workplace discrimination and bias. Companies that immediately rolled back DEI efforts are also finding themselves facing shopping boycotts and backlash on social media.

How This Impacts Californians

While there are federal employment discrimination laws, California has its own laws. California state laws ban discrimination in advertising, hiring practices, training/apprenticeship programs, pay, working conditions, promotions/transfers, and terminations. If a company has at least five employees, it cannot discriminate against applicants or employees. California’s protected characteristics include:

• Age (40 or older)
• Ancestry/national origin
• Gender expression or orientation
• Genetic information
• Marital status
• Medical condition
• Mental or physical disability
• Military or veteran status
• Race/color
• Religion
• Sex or gender, including pregnancy, childbirth, and breastfeeding
• Sexual orientation

Federal laws may have changed, but it’s for federal workers. California employers and employees still follow California’s discrimination laws.

What DEI Areas Are Discriminatory Per California Laws?

The Government of the State of California has several discrimination laws related to housing, employment, and hiring practices related to diversity, equity, and inclusion (DEI). Laws protect a worker from being denied jobs or housing due to these protected classes. It also applies to job terminations and how a worker is treated by coworkers and management. There are restrictions to keep in mind with the different aspects of DEI.

Age (40 or Older)

Age discrimination is not legal, but there are circumstances where it is permissible to refuse a promotion, benefit, or job based on age. For example, certain positions may limit older workers from doing their job duties correctly. 

One example is a commercial pilot. U.S. laws dictate that pilots cannot remain in their position once they turn 65. Another involves air traffic controllers. ATCs must retire at age 56.

Ethnicity and Race

Ethnicity covers a person’s beliefs, culture, heritage, values, and practices. It’s another protected class. It can be religious, but it doesn’t have to be. For example, Asian American Pacific Islanders are an ethnicity.

Race is different. It’s defined as a person’s physical characteristics. For example, Biracial people are of two different races, such as Black and Caucasian, Caucasian and Hispanic, or Hispanic and Asian.

In both cases, workplaces cannot discriminate against a worker or potential employee based on how they look or what they believe in. Californians are protected from harassment, terminations, and unfair hiring practices.

Gender and Pregnancy Discrimination

You’re protected by gender and gender identity or expression. If you’re a woman, you cannot be discriminated against. This expands into pregnancy discrimination. If you plan to become pregnant, are pregnant, have recently given birth, or are breastfeeding, you have rights. 

You have the right to breastfeed in a private area that others cannot access. Your employer must create a room or transition a room so that you can use it without interruption. That room must have a chair, an outlet for a phone and breast pump, a table, and a refrigerator for breast milk. The only time an employer can refuse this right is when it is cost-prohibitive.

Parents have the right to take time off for pregnancy-related complications, after childbirth, and when bonding with a new child, including adoptees or foster children. If a child or close family member or friend is very sick, workers have the right to take time off to care for them.

Gender Expression and Orientation

Gender expression is one of the key areas where the new administration is trying to end rights. Your gender at birth may not be the gender you identify as. Transgender people are protected in California.

If you were born female but identify as a man, you couldn’t have a construction foreman refuse to hire you. If you’re a man but identify as a woman and have been keeping it secret, a school couldn’t terminate your position after someone finds out and complains.

Mental and Physical Disabilities

Employers cannot refuse to hire a worker with a mental or physical disability if the conditions a worker needs to do the job are reasonable. The same applies if a worker with a disability is terminated or chosen for layoffs. 

However, if a business cannot afford or meet the reasonable accommodations without great difficulty, termination or refusal to hire is allowed. If the applicant or worker would endanger the lives or safety of other workers, it’s also acceptable for a company to refuse to hire or to terminate a position.

Religion

A person’s faith or religious beliefs are also a protected area when it comes to employment discrimination. In most cases, a supervisor cannot bar an Islamic woman from wearing a Hijab at work unless it interferes with work duties.

For example, that Islamic woman works with open flames in a lab. If the Hijab is at risk of catching fire, exceptions must be made for her and other workers’ safety.

Sexual Orientation

A person’s sexual orientation doesn’t determine their ability to do a job. Whether a man is gay, straight, or bisexual or a woman is lesbian or asexual, it doesn’t matter. Job skills, past training, and education are what matters.

If an employer looks at a person’s sexual orientation to make hiring decisions, decide who gets a promotion, or who to terminate during layoffs, it’s illegal.

Those are the key areas of DEI that are protected by California law and any exceptions worth nothing. We advise people who believe they’re a victim of discrimination to talk to an attorney. It’s often hard to fully understand legal nuances, and Shegerian Conniff is happy to offer clarity and expert advice. 

If you believe you’ve experienced workplace discrimination, it’s important to talk to an employment law attorney. If the attorneys at Shegerian Conniff take your discrimination case, you do not pay us. We take our fee from your settlement or award. Reach us online or by phone and schedule your free consultation.