FEHA vs Title VII in California: Which Law Protects You Better?

If you experienced workplace discrimination in California, you have two main legal options: file under California’s Fair Employment and Housing Act (FEHA) or federal Title VII of the Civil Rights Act. In almost every case, FEHA offers significantly stronger protections than Title VII. California law covers more workers, protects more categories of people, gives you more time to file, and allows unlimited damages.

This guide explains the key differences between FEHA and Title VII, why California law is usually your best choice, and when you might use both laws together.

Quick Answer: FEHA Is Broader and More Protective

FEHA (California law) provides superior protection in nearly every way:

Covers smaller employers (5+ vs 15+)
Protects 19+ categories vs 7 federal categories
Gives you 3 years to file vs 300 days federally
Allows unlimited damages vs federal caps of $50,000-$300,000
Holds individual supervisors personally liable
Gets interpreted more liberally by California courts

Unless your employer has fewer than 5 employees or your case involves unique federal issues, FEHA is almost always the stronger choice.

Side-by-Side Comparison: FEHA vs Title VII

Feature	FEHA (California)	Title VII (Federal)
Employer Size	5 or more employees	15 or more employees
Protected Classes	19+ categories including gender identity, sexual orientation, marital status, political affiliation	7 categories: race, color, religion, sex, national origin, pregnancy, genetic information
Filing Deadline	3 years with CRD (Civil Rights Department)	300 days with EEOC (180 in some states)
Damages	Unlimited compensatory and punitive damages	Capped at $50K-$300K depending on employer size
Individual Liability	Yes – supervisors and managers can be sued personally	No – only employer liable
Enforcing Agency	CRD (formerly DFEH)	EEOC
Minimum Damages	No statutory minimum	No statutory minimum
Retaliation Protection	Broad protection (Gov Code § 12940(h))	Narrower protection
Court Interpretation	California courts interpret protections broadly	Federal courts interpret more narrowly

Detailed Breakdown of Key Differences

1. Employer Size Requirement

FEHA: Covers employers with 5 or more employees.

Title VII: Only covers employers with 15 or more employees.

Why This Matters: If you work for a company with 6-14 employees, FEHA is your only option. This protection covers thousands of small businesses in California that fall outside federal jurisdiction.

Example: Maria works at a dental office with 8 employees. When she reported sexual harassment by the dentist, she was fired. She can file under FEHA but not Title VII because the office has fewer than 15 employees.

2. Protected Classes

FEHA protects 19+ categories:

Race
Religious creed
Color
National origin
Ancestry
Physical disability
Mental disability
Medical condition
Genetic information
Marital status
Sex (including pregnancy, childbirth, breastfeeding)
Gender, gender identity, gender expression
Age (40 and over)
Sexual orientation
Military and veteran status
Political affiliation or activities
Status as a victim of domestic violence, assault, or stalking
Reproductive health decision-making
Hair texture and protective hairstyles (CROWN Act)

Title VII protects 7 categories:

Race
Color
Religion
Sex (including pregnancy and gender identity per recent SCOTUS interpretation)
National origin
Genetic information

Why This Matters: FEHA explicitly protects many categories that Title VII doesn’t cover or covers only through expansive court interpretation. If you faced discrimination based on marital status, political affiliation, or as a domestic violence victim, FEHA is your only option.

Example: David’s supervisor constantly mocked his conservative political views and eventually passed him over for promotion because of his political activities. He can file under FEHA (political affiliation is protected) but not Title VII (political views aren’t a protected class federally).

3. Filing Deadlines

FEHA: You have 3 years to file a complaint with the California Civil Rights Department (CRD).

Title VII: You have only 300 days (in California and other “deferral states”) or 180 days (in non-deferral states) to file with the EEOC.

Why This Matters: The 3-year FEHA deadline gives you significantly more time to decide whether to pursue legal action, consult with attorneys, and gather evidence. Many workers don’t realize they experienced illegal discrimination until months after leaving a toxic workplace.

Example: Jennifer was fired in January 2023. She didn’t realize her termination was discriminatory until August 2024 when she spoke to an attorney. She can file under FEHA (within 3 years) but has missed the Title VII deadline (300 days expired in November 2023).

4. Damages and Compensation

FEHA: Unlimited compensatory and punitive damages. Juries can award whatever amount they determine is appropriate based on the harm suffered and the employer’s conduct.

Title VII: Compensatory and punitive damages are capped based on employer size:

15-100 employees: $50,000 cap
101-200 employees: $100,000 cap
201-500 employees: $200,000 cap
501+ employees: $300,000 cap

Why This Matters: In severe discrimination cases, FEHA allows juries to award multi-million dollar verdicts when warranted. Title VII’s caps can leave victims significantly undercompensated, especially when discrimination caused serious emotional distress, lost career opportunities, or required extensive medical treatment.

Example: Sarah won a $2.5 million jury verdict for severe racial harassment and wrongful termination under FEHA. If she had only filed under Title VII, her compensatory and punitive damages would have been capped at $300,000 (her employer had 600 employees), leaving $2.2 million on the table.

5. Individual Liability for Supervisors and Managers

FEHA: Individual supervisors, managers, and co-workers can be held personally liable for harassment and certain other violations.

Title VII: Only the employer can be sued. Individual employees cannot be held personally liable.

Why This Matters: Personal liability creates a powerful deterrent. Supervisors who know they can be sued personally are more likely to take discrimination seriously. It also provides an additional avenue for recovery if the employer is judgment-proof or files bankruptcy.

Example: Marcus sued both his employer and his supervisor individually under FEHA for sexual orientation harassment. While the small company had limited assets, Marcus was able to recover damages from the supervisor’s personal assets after winning at trial.

6. Court Interpretation and Worker Protections

FEHA: California courts interpret FEHA’s protections broadly and liberally in favor of workers. The California Legislature explicitly stated that FEHA should be interpreted more broadly than federal law (Gov. Code § 12993).

Title VII: Federal courts often interpret Title VII’s protections more narrowly, requiring higher standards of proof and being less sympathetic to worker claims.

Why This Matters: California judges and juries tend to be more worker-friendly than federal courts. Procedural rules, evidentiary standards, and legal interpretations often favor plaintiffs more under state law.

Strategic Advantages of Filing Under FEHA

More Time to Build Your Case

With 3 years instead of 300 days, you can:

Consult with multiple attorneys to find the right fit
Gather comprehensive evidence and documentation
Wait to see if your damages become clearer (lost wages, medical costs, emotional impact)
Pursue informal resolution before filing formal complaints

Stronger Leverage in Negotiations

Employers know FEHA cases are riskier for them:

Unlimited damages exposure
More worker-friendly California juries
Individual liability scares supervisors and managers
Result: Higher settlement offers in FEHA cases

More Options for Recovery

Sue the employer organization
Sue individual harassers and discriminators
Recover unlimited compensatory damages
Recover unlimited punitive damages if employer acted with malice or reckless indifference

Can You File Under Both FEHA and Title VII?

Yes, you can file under both laws simultaneously. This is called “dual filing” and is often strategically beneficial.

How Dual Filing Works

File with CRD: Submit your FEHA complaint to the California Civil Rights Department
Automatic EEOC Filing: CRD automatically cross-files with the EEOC in most cases
Get Right-to-Sue Letters: Obtain permission to sue in court from both agencies
File One Lawsuit: Your lawsuit can include claims under both FEHA and Title VII

Benefits of Dual Filing

Preserves all options: Ensures you don’t lose federal claims while pursuing state claims
Additional legal theories: Some legal arguments work better under one law vs the other
Federal court access: You can choose to file in federal court if strategically beneficial
Settlement leverage: Having more claims can increase settlement value

When to Prioritize Dual Filing

Your employer has locations outside California (federal jurisdiction may help)
You want the option of federal court (sometimes faster, different jury pool)
Your case involves novel legal theories that might succeed better under one law
You want maximum legal coverage and aren’t sure which law is stronger for your specific facts

Important: Even with dual filing, FEHA remains the primary and stronger claim in most California cases.

When Title VII Might Be Better (Rare Situations)

While FEHA is superior in 95%+ of cases, Title VII occasionally has advantages:

1. Employer Has Fewer Than 5 Employees

If your employer has 4 or fewer employees, FEHA doesn’t apply. Title VII doesn’t apply either (requires 15+), but some federal claims might be available under other laws.

2. Multi-State Employers

If your employer operates in multiple states and your case involves conduct in several states, federal court jurisdiction under Title VII might simplify litigation.

3. Federal Government Employers

Federal government employees must use Title VII procedures (FEHA doesn’t cover federal employers). Special rules apply.

4. Specific Federal Remedies

Some federal remedies (like FBI pattern-or-practice investigations) are only available under Title VII.

5. Bankruptcy Concerns

Federal claims sometimes receive different treatment in employer bankruptcy proceedings (though this is a complex analysis requiring expert advice).

Bottom Line: These situations are uncommon. For typical California private-sector employees, FEHA is virtually always the better choice.

How Courts Interpret FEHA More Liberally

California courts have consistently held that FEHA should be interpreted more broadly than federal anti-discrimination laws:

Key Principles from California Case Law

Lower threshold for harassment claims: California requires harassment to be “severe or pervasive” while practically applying a lower standard than federal courts (Brooks v. City of San Mateo)
Broader definition of “disability”: FEHA protects workers with disabilities that merely “limit” a major life activity, while federal law requires “substantial limitation” (Gelfo v. Lockheed Martin)
Stronger retaliation protection: California protects workers who complain about conduct they reasonably believe is unlawful, even if technically legal (Yanowitz v. L’Oreal)
More inclusive gender protections: California explicitly protected gender identity and expression years before federal courts interpreted Title VII to cover transgender workers
Broader associational discrimination: FEHA protects workers discriminated against because of their association with protected-class members more comprehensively (Gov. Code § 12926(o))

Real-World Examples Showing California’s Advantages

Example 1: Small Business Discrimination

Scenario: Ana worked for a family-owned restaurant with 9 employees. She was fired after telling her boss she was pregnant.

FEHA: Full protection. She can sue for pregnancy discrimination and wrongful termination.

Title VII: No protection. Employer has fewer than 15 employees.

Outcome: FEHA allows Ana to pursue her case. Title VII would leave her without a remedy.

Example 2: Extended Timeline

Scenario: Marcus experienced racial harassment from 2020-2022 but didn’t realize it was severe enough to sue until January 2024 when he read about similar cases.

FEHA: He can file until 2025 (3 years from his last day in 2022).

Title VII: Deadline expired in 2023 (300 days from his last day).

Outcome: FEHA’s longer deadline preserves Marcus’s claims.

Example 3: Unlimited Damages

Scenario: Keisha won a jury verdict for severe sexual harassment: $1.8 million in compensatory damages (medical treatment, lost wages, emotional distress) plus $3 million in punitive damages. Her employer has 250 employees.

FEHA: She receives the full $4.8 million award.

Title VII: Her compensatory and punitive damages would be capped at $200,000 (employer size 201-500), reducing her recovery by $4.6 million.

Outcome: FEHA allows full compensation. Title VII’s caps would leave her dramatically undercompensated.

Example 4: Individual Supervisor Liability

Scenario: David was harassed by his supervisor at a small startup. The company dissolved and filed bankruptcy before trial. However, the individual supervisor had personal assets.

FEHA: David can pursue the supervisor personally and recover from the supervisor’s assets.

Title VII: Only the employer can be sued. Bankruptcy leaves David with no recovery.

Outcome: Individual liability under FEHA provides recovery when the employer is judgment-proof.

Which Law Should You Choose for Your Case?

Use this decision framework:

Choose FEHA as Your Primary Claim If:

✓ Your employer has 5-15 employees (FEHA only option)
✓ You experienced discrimination based on FEHA-only protected classes (marital status, political affiliation, etc.)
✓ You’re filing more than 300 days after the discrimination
✓ Your damages are likely to exceed Title VII’s caps
✓ You want to sue individual supervisors or harassers personally
✓ Your case will be filed in California state court
✓ You want California’s more worker-friendly legal standards

Consider Dual Filing (Both FEHA and Title VII) If:

✓ You want to preserve all possible options
✓ Your employer operates in multiple states
✓ You might want to file in federal court
✓ You’re within the 300-day Title VII deadline
✓ Your case involves novel legal issues

Consult an Attorney If:

✓ Your employer is the federal government (special rules)
✓ You’re unsure about the timeline or which law covers your situation
✓ Your case involves complex multi-state issues
✓ You want strategic advice on maximizing your recovery

For most California workers: FEHA is the clear choice. It offers broader protections, more time, unlimited damages, and better odds of success.

Frequently Asked Questions

1. Can I file under both FEHA and Title VII at the same time?

Yes. Dual filing is common and often recommended. When you file a complaint with the California Civil Rights Department (CRD), they typically cross-file with the EEOC automatically. You can then pursue claims under both laws in a single lawsuit. This preserves all your legal options.

2. How long do I have to file under each law?

Under FEHA, you have 3 years from the last discriminatory act to file a complaint with the CRD. Under Title VII, you have only 300 days (in California) to file with the EEOC. The FEHA deadline is much more generous.

3. Which law allows bigger damages awards?

FEHA allows unlimited compensatory and punitive damages. Title VII caps combined compensatory and punitive damages at $50,000-$300,000 depending on employer size. In cases involving severe harm, FEHA can result in significantly larger awards.

4. What if my employer has 10 employees – which law covers me?

FEHA covers employers with 5 or more employees, so you’re fully protected. Title VII requires 15 or more employees, so you cannot file under federal law. FEHA is your only option, which is fine since it offers stronger protections anyway.

5. Can I sue my supervisor personally, or just the company?

Under FEHA, you can sue individual supervisors, managers, and co-workers personally for harassment and certain other violations. Under Title VII, you can only sue the employer organization, not individuals. This is a significant advantage of California law.

Take Action: Know Your Rights Under California Law

If you experienced workplace discrimination in California:

Document everything: Keep emails, texts, performance reviews, and notes about discriminatory incidents
Note the timeline: Calculate when your 3-year FEHA deadline expires
Identify protected classes: Determine which FEHA categories apply to your situation
Consult an attorney: Speak with a California employment lawyer who understands FEHA’s advantages
Don’t wait: While you have 3 years under FEHA, earlier action preserves evidence and witnesses

California law is on your side. FEHA provides some of the strongest workplace discrimination protections in the United States. If you believe you’ve experienced discrimination, harassment, or retaliation, you have powerful legal tools to fight back.

Legal Disclaimer

This article provides general information about FEHA and Title VII for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and should not be used as a substitute for consulting with a qualified California employment attorney about your specific situation.

Employment discrimination law is complex and fact-specific. Deadlines, legal standards, and available remedies depend on the unique circumstances of each case. If you believe you have experienced workplace discrimination, contact a licensed California employment lawyer immediately to evaluate your claims and protect your rights.

The information in this article was current as of the last update date shown above. Laws, regulations, and court interpretations change over time. Always verify current legal requirements with a qualified attorney before taking action.

Understanding the difference between FEHA and Title VII can make or break your discrimination case. California workers benefit from significantly stronger state-law protections—know your rights and use the law that gives you the best chance of success.

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