IHSS Discrimination Protections: Your Legal Rights as a Provider
As a California IHSS provider, you are protected from discrimination in your employment. Even though the IHSS relationship is unusual — you work in a private home, for a state-funded program — you still have legal rights.
What Laws Protect You?
California Fair Employment and Housing Act (FEHA) FEHA is one of the strongest anti-discrimination laws in the country. It prohibits employment discrimination based on:- Race, color, national origin, ancestry
- Religion
- Gender, gender identity, gender expression
- Sexual orientation
- Disability (physical or mental)
- Age (40 and over)
- Pregnancy, childbirth, or related conditions
- Marital or domestic partner status
- Genetic information
Who Is the "Employer" for IHSS Providers?
IHSS uses a dual-employer model. The county or Public Authority is your public employer for labor law purposes (wage setting, working conditions). The recipient is the employer of record for certain purposes (tax withholding). This means anti-discrimination protections apply through the Public Authority and the CDSS program.
What Does Discrimination Look Like in IHSS?
Examples of illegal discrimination in IHSS:
- A county IHSS office treating providers of one nationality differently in enrollment or appeals
- A supervisor at the Public Authority making hostile comments about a provider's accent or religion
- Being denied training, resources, or fair appeals access because of your race or national origin
- Retaliation for reporting discrimination (reporting itself is protected)
How to File a Discrimination Complaint
Free Legal Help
- California Civil Rights Department: 1-800-884-1684 | dfeh.ca.gov
- CHIRLA (for immigrant workers): 1-888-624-4725
- Legal Aid at Work: 1-415-864-8848
- Bet Tzedek: 1-323-939-0506 (Los Angeles)