California Workplace Discrimination Laws: A Complete Guide

What the Fair Employment and Housing Act Covers

FEHA is the primary state law prohibiting employment discrimination in California. It applies to all public and private employers with five or more employees, as well as labor organizations, employment agencies, and licensing boards. Harassment protections are even broader and apply to all workplaces, including those with fewer than five employees.

FEHA prohibits discrimination in every aspect of the employment relationship, including hiring and recruitment, pay and benefits, promotions and assignments, training and development, discipline and performance evaluations, and termination or layoff decisions. The law also requires employers to provide reasonable accommodations for disabilities and religious practices, and prohibits retaliation against employees who report discrimination or participate in investigations.

Protected Classes Under California Law

FEHA protects employees and job applicants from discrimination based on a broad list of characteristics. California’s protected classes include race, color, national origin, ancestry, religion and religious dress or grooming, sex and gender (including pregnancy, childbirth, and related conditions), gender identity and gender expression, sexual orientation, marital status, age (40 and older), disability (physical and mental), medical condition (including cancer and genetic characteristics), genetic information, military and veteran status, and status as a victim of domestic violence, assault, or stalking.

FEHA protects both actual and perceived characteristics. This means an employer cannot discriminate against you based on what they believe your race, sexual orientation, or disability to be, even if that perception is incorrect. California law also explicitly recognizes intersectionality, meaning that discrimination based on the combination of two or more protected characteristics is actionable even if neither characteristic alone would be sufficient to establish a claim.

Common Forms of Workplace Discrimination

Disparate treatment. This occurs when an employer treats an employee less favorably than others because of a protected characteristic. Examples include denying a promotion to a qualified woman in favor of a less qualified man, firing an older worker and replacing them with a younger employee, or disciplining a worker of one race more harshly than a worker of another race for the same conduct.

Disparate impact. This occurs when a facially neutral policy or practice disproportionately affects members of a protected group without a legitimate business justification. For example, a physical fitness test that is not necessary for the job but disproportionately screens out female applicants could constitute disparate impact discrimination.

Failure to accommodate. Under FEHA, employers must engage in a good-faith interactive process with employees who have disabilities or sincerely held religious beliefs to identify reasonable accommodations. Refusing to participate in this process, or denying a reasonable accommodation without an undue hardship justification, violates the law.

Harassment. Workplace harassment based on a protected characteristic that is severe or pervasive enough to create a hostile work environment is illegal under FEHA. Harassment can include offensive comments, slurs, jokes, physical conduct, intimidation, or displaying offensive materials. Unlike discrimination claims, harassment claims can be brought against individual supervisors and coworkers, not just the employer.

How to File a Discrimination Complaint

If you believe you have experienced workplace discrimination in California, you must file a complaint with the California Civil Rights Department (CRD) before you can file a lawsuit in court. This requirement is known as administrative exhaustion. You have three years from the date of the discriminatory act to file your complaint with the CRD.

When you file, you can choose one of two paths. You can allow the CRD to investigate your complaint, which may involve interviews, document requests, mediation, and a determination of whether the law was violated. Alternatively, you can request an immediate right-to-sue notice, which allows you to bypass the investigation and file a lawsuit in civil court directly. Once you receive a right-to-sue notice, you have one year to file your lawsuit.

You can file your CRD complaint online at calcivilrights.ca.gov. If your complaint also involves a federal law violation, it will automatically be cross-filed with the federal Equal Employment Opportunity Commission (EEOC) under a worksharing agreement between the two agencies.

What Damages Are Available

Employees who prevail in discrimination cases under FEHA may recover a range of remedies. These include back pay for lost wages and benefits from the date of the discriminatory action, front pay for future lost earnings if reinstatement is not practical, compensatory damages for emotional distress including anxiety, humiliation, and mental suffering, punitive damages if the employer’s conduct involved fraud, oppression, or malice, and attorney’s fees and litigation costs.

Unlike federal law, FEHA does not cap compensatory or punitive damages. This means that in cases involving egregious employer conduct, damage awards can be substantial. Many California employment attorneys handle discrimination cases on a contingency basis, meaning the employee pays nothing unless the case results in a recovery.

What Employers Are Required to Do

California employers have affirmative obligations under FEHA to prevent and address discrimination. These include maintaining and distributing a written anti-harassment and anti-discrimination policy, providing sexual harassment prevention training to all employees (at least two hours for supervisors and one hour for non-supervisory employees every two years), displaying required workplace posters about discrimination and harassment rights, promptly investigating complaints of discrimination or harassment, engaging in the interactive process for disability and religious accommodations, and taking corrective action when violations are found.

Employers who fail to meet these obligations may face increased liability if a discrimination claim is filed. Documentation of compliance efforts can serve as a defense, while a lack of policies or training can be used as evidence of a hostile or discriminatory workplace culture.

Frequently Asked Questions

Does FEHA protect independent contractors?

FEHA’s core employment discrimination protections (hiring, firing, promotions) apply primarily to employees. However, independent contractors and volunteers are protected from harassment based on a protected characteristic in all workplaces.

What is intersectionality and how does it apply?

California law recognizes that discrimination can result from the combination of two or more protected characteristics. For example, a Black woman may experience discrimination that is distinct from what either a Black man or a white woman would face. Under SB 1137, FEHA explicitly includes intersectionality as a basis for discrimination claims.

Do I need an attorney to file a CRD complaint?

No, but it is strongly recommended. Discrimination cases are legally complex, and statements made in your CRD complaint can be used in later court proceedings. An employment attorney can help you frame your complaint accurately, preserve your legal options, and avoid common pitfalls that could weaken your case.

Can I file with both the CRD and the EEOC?

Yes. Under a worksharing agreement, filing with one agency automatically cross-files with the other. Many attorneys recommend filing with both to preserve all available federal and state claims.

Knowing Your Rights Against Workplace Discrimination

Discrimination at work is not something you have to accept. California’s FEHA provides some of the most powerful protections in the nation, and the three-year filing deadline gives you time to evaluate your situation and seek legal advice. If you believe you have been treated unfairly because of who you are, an experienced California employment attorney can help you understand your options and pursue accountability.