Department of Corrections and Rehabilitation - Operations Manual

Chapter 3 – Personnel, Training, and Employee Relations

Article 1 – Equal Employment Opportunity

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31010.3 Definitions of Discrimination Basis

Revised January 1, 2024
  • Age – Refers to the chronological age of any individual who has reached their 40th birthday. 

  • Ancestry – The national or cultural origin of a line of familial descent.

  • Color – The color of skin of an individual, including shades of skin within a racial group. 

  • Disability (Physical or Mental) – A physical or mental impairment affecting one or more body systems which limits a major life activity, including but not limited to work; a record of such an impairment; or being regarded as having such an impairment.  

  • Genetic Information – Includes information about the individual’s genetic tests, genetic tests of family members, as well as information about any disease, disorder, or condition of an individual’s family members (e.g., an individual’s family medical history).

  • Marital Status – The legal status in a relationship such as married, never married, single, separated, divorced, or widowed. 

  • Medical Condition – A person’s genetic characteristics or a diagnosis of cancer, record or history of cancer.

  • National Origin – Physical, cultural or linguistic characteristics, tribal affiliation, marriage or association, organizational membership, or name associated with a national origin group. National origin groups include, but are not limited to, ethnic groups, geographic places of origin and countries that are not presently in existence. 

  • Political Affiliation – Membership or association in a political party or special interest group (union issues are not included).

  • Race – One of the widely recognized biological racial groups: e.g., Caucasian, Black or African American, Aboriginal, Asian, Native Hawaiian, or other Pacific Islander. Race is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. 

  • Religion – Any traditionally recognized religion, as well as beliefs, observances, and practices which an individual sincerely holds and which occupy in their life a place of importance parallel to that of traditionally recognized religions. This protection encompasses all aspects of religious belief, observance, and practice including religious dress and grooming. 

  • EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Retaliation – An adverse employment action taken against an individual due to their protected activity (including the individual opposing any practices forbidden under this policy, or because the individual has filed a complaint, testified, or assisted in any investigation or proceeding related to this policy, or the person has requested a reasonable accommodation for disability, medical condition, pregnancy, or religious reasons).  

  • Sex – “Sex” includes: 

    • A person’s gender. “Gender” includes a person’s gender identity and gender expression. 

      • “Gender Identity” means a person’s sense of identification and deeply held sense of being a man, woman, or non-binary person, and is distinct from sexual orientation. 

      • “Gender expression” means a person’s external manifestations of gender, expressed through names, pronouns, clothing, behavior, voice, etc. 

      • “Transgender” means a person whose gender identity differs from their assigned sex at birth. 

    • Pregnancy, childbirth, lactation, or related medical conditions. 

  • Sexual Orientation – Refers to heterosexuality, homosexuality, bisexuality, etc.

  • Military and Veteran Status – A member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard, and any person entitled to the rights and benefits under the Uniformed Services Employment and Reemployment Rights Act.