Race Discrimination in California

Race discrimination at work is illegal in California. If your employer treats you unfairly because of your race, skin color, national origin, or ancestry, you have legal rights under state law. This includes being fired, denied a promotion, harassed, or paid less than coworkers of different races.

California’s Fair Employment and Housing Act (FEHA) provides strong protections against race discrimination. The law covers more workers and offers more protection than federal law. Understanding your rights is the first step to standing up against discrimination.

What Is Race Discrimination Under California Law?

Race discrimination happens when an employer treats you differently or unfairly because of your race, color, national origin, or ancestry. Under FEHA, employers with five or more employees cannot discriminate based on these protected characteristics.

Protected characteristics include:

Race (such as Black, white, Asian, Native American, Pacific Islander)
Color (skin tone or complexion)
National origin (the country you or your ancestors came from)
Ancestry (ethnic background or lineage)

California law also recognizes that race discrimination can overlap with other protected characteristics. For example, you might face discrimination based on both your race and your gender. This is called intersectional discrimination, and it is also illegal.

Types of Race Discrimination

California law recognizes several types of race discrimination in the workplace:

Disparate Treatment (Intentional Discrimination)

Disparate treatment occurs when an employer intentionally treats you worse than others because of your race. This is the most common type of discrimination claim.

Example: Your manager promotes a less-qualified white employee over you, a qualified Black employee, because of racial bias.

Disparate Impact (Unintentional Discrimination)

Disparate impact happens when an employer has a policy that seems neutral but disproportionately harms workers of a particular race. The employer doesn’t need to intend discrimination for this to be illegal.

Example: A company requires all employees to have a college degree for a manual labor job. This requirement screens out more Black and Latino applicants than white applicants, and the degree isn’t necessary for the job.

Racial Harassment

Racial harassment creates a hostile work environment. This includes offensive comments, slurs, jokes, or conduct based on race that is severe or pervasive enough to make working conditions intolerable.

Example: Coworkers repeatedly make racist jokes and use racial slurs in your presence, and your supervisor does nothing to stop it.

Intersectional Discrimination

Intersectional discrimination occurs when you experience discrimination based on race combined with another protected characteristic, such as gender, age, disability, or religion.

Example: An Asian woman faces stereotypes about being both Asian and female, experiencing discrimination that is unique to her combined identity.

Common Forms of Race Discrimination

Race discrimination can happen at any stage of employment. Here are more than 15 examples of unlawful race discrimination:

Hiring and Recruitment

Refusing to hire qualified candidates because of their race
Asking about national origin or ancestry in interviews
Steering applicants of certain races to lower-paying positions
Using hiring criteria that screen out people of certain races without business justification

Pay and Compensation

Paying employees of one race less than others for the same work
Denying bonuses or raises to employees based on race
Offering better benefits packages to employees of certain races

Promotions and Advancement

Passing over qualified employees of color for promotions
Limiting advancement opportunities based on race
Creating “glass ceilings” that prevent people of certain races from reaching leadership positions

Job Assignments and Training

Giving less desirable work assignments to employees of certain races
Excluding employees of color from important projects or client meetings
Denying training opportunities based on race
Segregating employees by race in different departments or locations

Discipline and Termination

Enforcing rules more strictly against employees of certain races
Firing or disciplining employees of color for conduct that is overlooked in white employees
Laying off a disproportionate number of employees of one race
Retaliating against employees who complain about race discrimination

Harassment and Hostile Environment

Using racial slurs, epithets, or derogatory names
Making offensive jokes or comments about race
Displaying racist symbols, images, or graffiti
Making assumptions or stereotypes based on race
Touching or commenting on someone’s hair or physical features related to race

Grooming and Dress Code Policies

Banning natural hairstyles worn by Black employees (illegal under the CROWN Act)
Enforcing appearance standards that discriminate based on race
Requiring employees to change their natural appearance to conform to Eurocentric standards

Customer Preference

Removing employees of certain races from customer-facing roles
Honoring customer requests not to work with employees of particular races
Assigning employees to locations based on the racial demographics of customers

Important: Customer preference is never a legal defense for race discrimination. If your employer says “the client prefers to work with white employees,” that is illegal discrimination.

The CROWN Act: Protecting Natural Hair

In 2019, California became the first state to pass the CROWN Act (Creating a Respectful and Open World for Natural Hair). This law specifically prohibits discrimination based on natural hair texture and protective hairstyles.

What the CROWN Act Protects

The CROWN Act recognizes that hair discrimination is race discrimination. Under this law, employers cannot:

Ban natural hairstyles such as braids, locs, twists, or afros
Force employees to straighten their hair or change their natural hair texture
Discipline employees for wearing protective hairstyles
Refuse to hire applicants because of their natural hair

Why the CROWN Act Matters

Black employees, particularly Black women, have historically faced discrimination for wearing their hair naturally. Policies banning “unprofessional” hairstyles often target Black hair specifically, forcing employees to chemically treat or alter their hair to meet Eurocentric beauty standards.

Example: A Black woman wears her hair in locs to work. Her supervisor tells her that locs are “unprofessional” and demands she change her hairstyle or face termination. This is illegal race discrimination under the CROWN Act.

Racial Harassment and Hostile Work Environment

Racial harassment is a form of race discrimination. Not all offensive conduct rises to the level of illegal harassment, but California courts take racial harassment seriously.

What Makes a Hostile Work Environment?

To prove racial harassment, you must show:

You were subjected to unwelcome conduct based on your race
The conduct was severe or pervasive enough to create an abusive working environment
The conduct would offend a reasonable person
Your employer knew or should have known about the harassment and failed to take action

Severe conduct: A single incident can be enough if it is extremely offensive, such as a manager using a racial slur during a termination meeting.

Pervasive conduct: Repeated incidents over time that create a pattern of harassment, such as ongoing racist jokes and comments.

Employer Liability

Employers are responsible for preventing and correcting racial harassment. If your supervisor harasses you, your employer is automatically liable. If a coworker harasses you, your employer is liable if they knew or should have known about the harassment and didn’t stop it.

Example: You report to HR that a coworker repeatedly makes racist comments. HR says they will “look into it” but takes no action. The harassment continues. Your employer can be held liable for failing to address the harassment.

How to Prove Race Discrimination

Proving race discrimination can be challenging because employers rarely admit to discriminating. California courts allow two types of evidence:

Direct Evidence

Direct evidence clearly shows discriminatory intent. This is rare but powerful.

Examples:

An email where your manager says “we need to hire more white employees”
A recording of your supervisor using racial slurs
Company documents showing different pay rates based on race
A written policy stating customer preference for employees of certain races

Circumstantial Evidence

Most cases rely on circumstantial evidence, which requires you to show a pattern that suggests discrimination.

Common circumstantial evidence includes:

Comparators: Showing that employees of different races were treated better in similar situations (e.g., a white coworker kept their job after making the same mistake you were fired for)
Timing: Being fired shortly after complaining about race discrimination
Inconsistent reasons: Your employer gives changing or false reasons for their actions
Statistical evidence: Company data showing people of your race are paid less, promoted less often, or disciplined more frequently
Deviations from policy: Your employer violates their own policies to treat you worse

What to Do If You Experience Race Discrimination

If you believe you are facing race discrimination at work, take these steps:

1. Document Everything

Keep detailed records of discriminatory incidents:

Write down dates, times, locations, and what happened
Save emails, text messages, and other communications
Note any witnesses who saw or heard the discrimination
Keep copies of performance reviews, pay stubs, and company policies
Document any complaints you made and your employer’s response

2. Follow Company Procedures

Report the discrimination to your employer:

Check your employee handbook for the complaint process
Report to HR, your manager, or another designated person
Put your complaint in writing if possible
Keep copies of all reports and responses

Your employer is required to investigate and stop discrimination. If they fail to act, you have a stronger legal case.

3. File a Complaint with the Civil Rights Department

Before you can sue your employer, you must file an administrative complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH).

Filing deadlines:

You have three years from the last discriminatory act to file with CRD
This is longer than the federal deadline (typically 180-300 days)

The CRD will investigate your claim. They may:

Mediate a settlement between you and your employer
Investigate and issue findings
File a lawsuit on your behalf
Issue you a “right to sue” notice so you can file your own lawsuit

4. Consult an Employment Attorney

An experienced employment lawyer can:

Evaluate the strength of your case
Help you file a CRD complaint
Negotiate a settlement with your employer
Represent you in litigation if necessary

Many employment lawyers work on contingency, meaning they only get paid if you win your case.

Damages Available in Race Discrimination Cases

If you prove race discrimination, you can recover significant damages under California law. Unlike federal law, FEHA does not cap damages.

Available damages include:

Back pay: Lost wages and benefits from the time of discrimination until trial
Front pay: Future lost earnings if you cannot return to your job
Emotional distress damages: Compensation for pain, suffering, anxiety, and humiliation (unlimited under California law)
Punitive damages: Extra damages to punish your employer for especially egregious conduct
Attorney’s fees and costs: Your employer may have to pay your legal fees if you win

California law also allows you to seek reinstatement to your job or promotion to the position you should have received.

Real-World Examples of Race Discrimination Cases

Example 1: Promotion Denial Based on Race

Maria, a Latina employee, consistently receives excellent performance reviews and has more experience than her white coworkers. When a management position opens, the company promotes a less-qualified white employee. Maria later discovers that managers said they wanted someone with a “certain image” for the role. Maria files a discrimination claim and wins back pay, emotional distress damages, and a promotion.

Example 2: Racial Harassment Goes Unchecked

David, a Black warehouse worker, faces daily racist jokes and comments from coworkers. One coworker displays Confederate flag imagery in his workspace. David reports the harassment to his supervisor multiple times, but nothing changes. David files a complaint with CRD, and the agency finds the company created a hostile work environment. The company settles for $150,000.

Example 3: Hair Discrimination Under the CROWN Act

Jasmine wears her hair in box braids to her retail job. Her manager tells her that her hairstyle is “unprofessional” and “doesn’t fit the company image.” When Jasmine refuses to change her hair, she is fired. Jasmine files a CROWN Act violation claim and wins her case, receiving back pay, emotional distress damages, and compensation for the harm to her career.

Example 4: Pay Disparity Based on Race

An Asian American software engineer discovers she is paid $30,000 less than white male colleagues with similar experience and job duties. When she raises the issue, her employer claims her negotiation skills were weaker. Statistical evidence shows Asian and female employees are consistently paid less than white male employees in the same roles. She files a discrimination claim and recovers back pay and damages.

Example 5: Discipline Disparities

Marcus, a Black employee, is written up for arriving 10 minutes late, while white coworkers routinely arrive late without discipline. Marcus documents a pattern of harsher discipline for Black employees and files a discrimination complaint. The company settles and agrees to policy changes.

Example 6: Intersectional Discrimination

An older Black woman is passed over for a promotion. She learns that management made comments about wanting a “younger face” and someone who “fits the team culture” (a team of mostly young white employees). She files a claim based on both race and age discrimination and prevails at trial.

Frequently Asked Questions

Can my employer discriminate based on “customer preference”?

No. Customer preference is never a legal defense for race discrimination. If your employer says “our clients prefer to work with white employees,” that is illegal discrimination. Your employer must protect your rights even if customers are biased.

Is it discrimination if my employer treats everyone badly?

Yes, it can be. If your employer is generally difficult but treats you worse than employees of other races, that is discrimination. The question is whether race was a motivating factor in how you were treated.

What if I don’t have direct proof of discrimination?

Most cases rely on circumstantial evidence. You can show a pattern of discrimination by comparing how employees of different races are treated. You don’t need a “smoking gun” to prove your case.

Can I be fired for complaining about race discrimination?

No. Retaliation for complaining about discrimination is illegal. If your employer fires you, demotes you, or treats you worse after you report race discrimination, you may have a separate retaliation claim in addition to your discrimination claim.

How long do I have to file a claim?

You have three years from the last discriminatory act to file a complaint with the California Civil Rights Department. Don’t wait too long, as evidence can disappear and memories fade over time.

Legal Disclaimer

This article provides general information about race discrimination laws in California and is not legal advice. Every discrimination case is unique and depends on specific facts. If you believe you have experienced race discrimination, consult with a qualified employment attorney to discuss your situation and legal options. This article was last updated on October 29, 2025, and laws may change over time.

Have you experienced race discrimination at work? Contact an experienced California employment lawyer to discuss your rights and options. Many attorneys offer free consultations and work on contingency, meaning you don’t pay unless you win your case.

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