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Workplace Discrimination in California: Understanding Your Rights Under FEHA

Workplace discrimination in California occurs when an employer treats you unfairly because of a protected characteristic like your race, gender, age, disability, or religion. The California Fair Employment and Housing Act (FEHA) prohibits this discrimination and provides stronger protections than federal law. If you’ve experienced unfair treatment at work based on who you are, you may have legal rights to compensation and justice.

Why California’s Workplace Discrimination Laws Matter

California offers some of the strongest employee protections in the United States. While federal law prohibits workplace discrimination through Title VII of the Civil Rights Act, FEHA goes further. It covers more workers, protects more characteristics, and gives you more time to take action.

Understanding your rights under FEHA is essential if you’ve faced discrimination. Many employees don’t realize their employer’s actions are illegal. Others worry about reporting discrimination because they fear losing their job or facing retaliation. California law protects you from retaliation and provides remedies when your rights are violated.

The California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing, enforces these protections. They investigate complaints and can help you recover damages if discrimination occurred.

FEHA vs Title VII: Key Differences

Aspect California FEHA Federal Title VII
Employer Size 5 or more employees 15 or more employees
Protected Classes 19+ protected characteristics Fewer protected classes
Filing Deadline 3 years from discrimination 180-300 days (with EEOC)
Damages Available Unlimited compensatory and punitive damages Capped compensatory and punitive damages
Attorney Fees Available to prevailing plaintiffs Available to prevailing plaintiffs

The most important difference is employer coverage. If you work for a small company with 5-14 employees, federal law won’t protect you. But FEHA will.

Protected Characteristics Under California Law

FEHA protects you from discrimination based on these characteristics:

  • Race and color: Discrimination based on skin color, racial background, or perceived race
  • National origin and ancestry: Including accent, ethnicity, or country of origin
  • Religion and creed: Your religious beliefs, practices, or lack of religious affiliation
  • Age (40 and older): Protection for workers 40 years old and above
  • Sex and gender: Including gender identity, gender expression, and pregnancy
  • Sexual orientation: Protection regardless of who you’re attracted to
  • Disability (physical and mental): Including past disabilities, perceived disabilities, and association with disabled individuals
  • Medical condition: Including cancer, genetic characteristics, and AIDS/HIV
  • Marital status: Whether you’re married, single, divorced, or widowed
  • Military or veteran status: Protection for current and former service members
  • Genetic information: Your genetic makeup or family medical history

Unique California Protections

California protects characteristics that federal law doesn’t cover. For example, FEHA explicitly protects gender identity and expression. It also protects you if you’re associated with someone in a protected class, such as having a disabled spouse or child.

Your employer cannot make decisions about hiring, firing, promoting, or compensating you based on any of these characteristics. They also cannot create a hostile work environment because of them.

Types of Workplace Discrimination

Discrimination takes different forms. Understanding these types helps you recognize when your rights are violated.

Direct Discrimination (Disparate Treatment)

Disparate treatment occurs when your employer intentionally treats you worse than others because of a protected characteristic. This is the most obvious form of discrimination.

Example: Your manager tells you that you didn’t get promoted because “clients prefer working with younger salespeople.” This is direct age discrimination. Your qualifications don’t matter if the decision was based on your age.

Indirect Discrimination (Disparate Impact)

Disparate impact happens when a policy seems neutral but disproportionately harms people in a protected class. Your employer might not intend to discriminate, but the result is discriminatory.

Example: A company requires all employees to work Saturday shifts. This policy disproportionately affects employees who observe Saturday as their religious Sabbath. Unless the employer can prove business necessity and no alternative exists, this creates disparate impact.

Hostile Work Environment

A hostile work environment exists when discrimination creates an intimidating, offensive, or abusive workplace. The conduct must be severe or pervasive enough that a reasonable person would find it hostile.

Example: Your coworkers regularly make racist jokes about your ethnicity. Your supervisor knows but does nothing. Over months, this creates a hostile work environment based on race, even if you haven’t been fired or demoted.

Failure to Accommodate

California employers must provide reasonable accommodations for disabilities and religious practices unless doing so creates undue hardship. Refusing reasonable accommodations is discrimination.

This protection is particularly strong in California. Your employer must engage in a good-faith interactive process to find accommodations that work. For more information on disability-related leave, see california-leave-laws.

How to Recognize Discrimination

Discrimination isn’t always obvious. Here are signs that you might be experiencing workplace discrimination:

  • You’re treated differently than coworkers with similar job performance or qualifications
  • You hear comments about your protected characteristic (age, race, gender, etc.)
  • You’re excluded from meetings, projects, or opportunities others receive
  • Your employer enforces rules inconsistently based on protected characteristics
  • You face discipline or termination shortly after disclosing a protected characteristic
  • Your requests for accommodation are ignored or denied without explanation

Document everything. Keep emails, text messages, and notes about discriminatory incidents. Record dates, times, witnesses, and what was said or done. This evidence becomes critical if you file a complaint.

Proving Discrimination: What Evidence You Need

Proving discrimination requires showing that your protected characteristic was a substantial motivating factor in your employer’s decision. You don’t need to prove it was the only factor, just that it played a significant role.

Types of Evidence

Direct Evidence: Statements or actions that explicitly show discriminatory intent. This might include emails, comments, or policies that reference protected characteristics.

Circumstantial Evidence: Facts that suggest discrimination occurred. This includes:

  • Being replaced by someone outside your protected class
  • Statistical patterns showing discrimination against your protected class
  • Your employer’s shifting explanations for their actions
  • Being treated differently than similarly situated employees
  • Timing (such as termination shortly after requesting disability accommodation)

Comparative Evidence: Showing how your employer treated others differently. If younger employees with worse performance received promotions while you didn’t, this supports age discrimination.

Pattern and Practice Evidence: Multiple incidents showing your employer discriminates against a protected class. While individual claims focus on your experience, pattern evidence strengthens your case.

Filing a Discrimination Complaint

If you’ve experienced workplace discrimination, you have options for seeking justice.

Filing with the California Civil Rights Department (CRD)

You can file a complaint with the CRD within three years of the discriminatory act. This is significantly longer than the federal deadline. The CRD investigates complaints at no cost to you.

The CRD Process:

  1. File your complaint: Submit online, by mail, or in person. Include details about the discrimination, dates, and witnesses.
  2. CRD investigation: The CRD notifies your employer and investigates your claim. They may request documents and interview witnesses.
  3. Mediation or settlement: The CRD may offer mediation to resolve your case without litigation.
  4. Right-to-sue notice: If the CRD cannot resolve your case, they issue a right-to-sue notice. This allows you to file a lawsuit in court.

You don’t need an attorney to file with the CRD, but legal representation helps ensure your rights are protected throughout the process.

Filing with the EEOC

You can alternatively file with the federal Equal Employment Opportunity Commission (EEOC), especially if your employer has operations in multiple states. The EEOC deadline is much shorter: 180 days from the discrimination, extended to 300 days in states with their own enforcement agencies.

Most California workers benefit more from filing with the CRD due to the longer deadline and broader protections.

Important Deadlines

California’s three-year deadline is generous, but don’t wait. Evidence disappears, witnesses forget details, and your employer may destroy relevant documents. File your complaint as soon as possible after the discrimination occurs.

What Damages Can You Recover?

If you prove workplace discrimination, you may recover several types of damages:

Economic Damages: Compensation for financial losses including:

  • Lost wages and benefits
  • Future lost earning capacity
  • Job search expenses
  • Medical expenses (if discrimination caused health issues)

Non-Economic Damages: Compensation for intangible harm including:

  • Emotional distress
  • Pain and suffering
  • Loss of enjoyment of life
  • Damage to reputation

Punitive Damages: Additional damages to punish your employer for particularly egregious discrimination. Unlike federal law, California doesn’t cap these damages.

Attorney Fees and Costs: If you win, your employer typically must pay your attorney fees and litigation costs. This makes legal representation accessible even if you can’t afford upfront fees.

Equitable Relief: Courts can order your employer to:

  • Reinstate you to your job
  • Promote you to the position you should have received
  • Change discriminatory policies
  • Provide training on discrimination laws

The damages available depend on your specific case. Consult with an employment attorney to understand what you might recover.

Statute of Limitations for FEHA Claims

You must file your CRD complaint within three years from the date of discrimination. This deadline is called the statute of limitations. Missing it usually means losing your right to pursue a claim.

The clock typically starts when the discriminatory act occurred. However, for continuing violations like ongoing harassment, the deadline may extend. For cases involving California Wrongful Termination based on discrimination, the deadline runs from your termination date.

Some situations can pause or extend the deadline, such as:

  • Your employer fraudulently concealed the discrimination
  • You were legally incapacitated
  • Your employer prevented you from discovering the discrimination

Don’t rely on these exceptions. File your complaint promptly to protect your rights.

Retaliation Is Also Illegal

California law prohibits retaliation against employees who oppose discrimination or participate in discrimination investigations. If your employer fires you, demotes you, or otherwise punishes you for complaining about discrimination, that’s a separate violation.

Retaliation claims often succeed even when the underlying discrimination claim doesn’t. You don’t need to prove discrimination occurred—only that you reasonably believed it did and your employer retaliated. Learn more about your protections at California Workplace Retaliation.

Related Topics

Specific Discrimination Types

Related California Topics

Filing and Process

Understanding these connections helps you identify all violations you’ve experienced.

Next Steps If You’ve Experienced Discrimination

If you believe you’ve experienced workplace discrimination:

  1. Document everything: Write down incidents, save emails, and gather any evidence of discriminatory treatment.
  2. Report internally: Follow your company’s complaint process if you feel safe doing so. This creates a record and may resolve the issue.
  3. File a complaint: Contact the California Civil Rights Department to file a formal complaint.
  4. Consult an attorney: An employment lawyer can evaluate your case, guide you through the process, and represent you in negotiations or litigation.
  5. Protect yourself: Don’t retaliate against your employer or do anything that could jeopardize your case.

You deserve to work in an environment free from discrimination. California law provides powerful tools to protect your rights and hold employers accountable.

Get Help With Your Discrimination Claim

Experiencing discrimination at work? Get a free, confidential case review from an employment law expert who can help you understand your rights and options. You don’t have to face this alone—California law is on your side.

References

  • Employment Law Aid Content Strategy
  • Employment Law Aid Sitemap Architecture
  • California Fair Employment and Housing Act (Government Code §§ 12900-12996)
  • California Civil Rights Department (calcivilrights.ca.gov)
  • U.S. Equal Employment Opportunity Commission (eeoc.gov)
  • Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, please consult with a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.