FEHA also prohibits discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation of any person. Cal. Gov’t Code § 12940(a).
Discrimination can be proven through two different avenues, disparate treatment or disparate impact. Disparate treatment occurs when an employer treats an employee less favorably than others because of that employee’s protected status. Disparate impact, on the other hand occurs when an employer has an employment practice that appears neutral on its face but has an adverse impact which affects the employees falling into a protected group more than others.