California’s Employment Discrimination Laws: Know Your Rights

In addition to federal anti discrimination laws such as Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act (an amendment to Title VII), the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act, California has taken significant steps to further protect workers at the state level. Over the years, the state has proactively passed legislation designed to safeguard California employees from discriminatory practices by their employers.

In 2024, California introduced several notable changes to its employment laws, particularly those addressing discrimination. For example, Senate Bill 497, known as the Equal Pay and Anti-Retaliation Protection Act, empowers employees to establish retaliation cases more easily against employers. Senate Bill 1137, if enacted, would make California the first state to recognize “intersectionality” in its anti discrimination statutes, acknowledging the compounded discrimination individuals may face due to multiple protected characteristics. Additionally, Senate Bill 553 addresses workplace violence prevention, emphasizing that those in protected classes may also be vulnerable to physical violence, not just verbal or behavioral discrimination.

At the core of California employment discrimination law, however,  is the Fair Employment and Housing Act (FEHA). Read on to learn more about this critical anti discrimination law, how to recognize signs of discrimination, the process of filing a claim, and how an experienced California labor law and employment attorney can help navigate the complexities of such cases.

What is the California Fair Employment and Housing Act (FEHA)? 

The California Fair Employment and Housing Act (FEHA) is a key law that protects workers from discrimination in both public and private workplaces, including employment agencies and labor organizations. FEHA applies to California employers with five or more employees and prohibits discrimination against employees or a job applicant based on protected characteristics.

Additionally, this labor law makes it illegal for employers to retaliate against individuals who exercise their legal rights. If you’ve been penalized for filing a complaint—whether through loss of pay, denied promotions, undesirable work assignments, or even termination—you may have grounds for an employment discrimination claim under FEHA.

FEHA also covers harassment, which is defined as unwelcome behavior based on a protected characteristic that creates a hostile or offensive work environment. Unlike discrimination, harassment is prohibited in all workplaces, even those with fewer than five employees.

Protected Classes Under California’s Fair Employment and Housing Act (FEHA)

One of California’s most comprehensive anti discrimination laws, the Fair Employment and Housing Act (FEHA) offers robust protection to individuals facing discrimination and harassment in the workplace. While FEHA also extends to housing-related discrimination, this section focuses exclusively on the workplace provisions. The law prohibits employers from making decisions or taking actions that unfairly affect employee rights based on certain “protected classes.”

The protected classes under FEHA include the following:

• Race, Color, National Origin, and Religion: Employees cannot be treated differently based on their race, skin color, country of origin, or religious beliefs and practices.
• Age (40 and older): Age-based discrimination is prohibited against individuals aged 40 and above, ensuring older workers have equal opportunities in hiring, promotion, and other employment matters.
• Sex and Gender Identity: FEHA protects individuals from discrimination based on sex, gender identity, and gender expression. This includes protection for individuals who are transgender or gender non-conforming.
• Sexual Orientation: Employees cannot face discrimination based on their sexual orientation, whether they are heterosexual, homosexual, or bisexual.
• Medical Conditions: FEHA protects individuals with known medical conditions, including cancer or genetic characteristics linked to a predisposition for a disease.
• Military and Veteran Status: Veterans and active service members are protected from discriminatory treatment based on their military service or veteran status.
• Disability: FEHA provides robust protections for employees with physical or mental disabilities. Employers are also required to provide reasonable accommodations to enable individuals with disabilities to perform their job functions.
• Genetic Information: It is unlawful for employers to discriminate against employees based on genetic information, including details about an individual’s or family member’s genetic tests or predispositions.
• Ancestry: Similar to race and national origin, ancestry protections ensure that employees are not subject to discriminatory practices based on their ethnic heritage or lineage.

California’s FEHA plays a critical role in maintaining fairness in the workplace by protecting individuals from discriminatory practices based on a wide array of personal characteristics. Understanding these protected classes is essential not only for employees seeking recourse but also for employers aiming to comply with California’s rigorous anti discrimination laws.

Signs of Discrimination in the Workplace

Workplace discrimination can manifest in both obvious and subtle ways, making it difficult to identify at times. Discriminatory behavior may target an individual or a group of people based on characteristics protected under laws like California’s FEHA. While it can be tempting to overlook these signs to avoid confrontation, ignoring discrimination only perpetuates the problem, not just for yourself but for others as well. It’s important to recognize potential discrimination and take action when necessary.

Here are some common signs of workplace discrimination:

• Favoritism in Promotions or Job Assignments: If top positions or prime assignments are consistently given to less-qualified individuals who are not part of a protected class, this may indicate discriminatory practices.
• Unfair Treatment: Harassment, name-calling, or verbal abuse directed at you or your colleagues, especially if it’s based on a protected characteristic, are clear signs of discriminatory behavior.
• Inappropriate Jokes or Comments: Jokes or remarks that target an individual or a group based on their race, gender, religion, or other protected characteristics are unacceptable and may point to underlying prejudice.
• Lack of Diversity: While the absence of diversity alone doesn’t necessarily indicate discrimination, if combined with other warning signs, it could suggest systemic bias in hiring or promotion practices.
• Condescending Communication: Coworkers or supervisors belittling, talking down to, or showing disrespect toward you or others based on a protected characteristic may be a form of discrimination.
• Unreasonable Work Assignments: If management assigns excessive, unrealistic, or undesirable tasks to certain employees without a legitimate reason, it could be a tactic to set them up for failure or termination.
• Reassignment of Key Projects: Having important projects or desirable accounts reassigned without explanation can signal that management is discriminating against specific employees or groups.
• Refusal to Hire or Promote: Employers who refuse to hire or promote qualified individuals based on race, gender, or another protected class may be violating anti discrimination laws.
• Unjustified Termination: If employees in protected classes are terminated without good cause or after being subjected to discriminatory treatment, this could be a sign of workplace bias.
• Demotions or Job Duty Changes Without Cause: Changing an employee’s role or responsibilities without any valid reason, particularly if it results in a demotion, may be an effort to marginalize that employee based on a protected characteristic.
• Unequal Pay: If you are being paid less than your coworkers who perform the same job and are not in the same protected class, this could be evidence of discriminatory pay practices.
• Hostile Work Environment: A workplace that feels hostile due to offensive conduct, comments, or actions related to race, gender, disability, or another protected class may qualify as discrimination under the law.

In addition to these signs, inconsistent enforcement of company policies—where some employees are held to different standards than others—could also indicate discrimination. Employers who selectively apply rules or discipline could be using these tactics to single out individuals in protected classes.

Requirements for Filing a Discrimination Complaint

Filing a discrimination complaint against a California employer requires careful preparation and specific information to support your claim. As the person filing the complaint, you carry the burden of proof, meaning you will need to provide sufficient evidence to demonstrate that discrimination occurred. To do so, you should gather the following information:

• Incident Details: Clearly describe what happened, including the nature of the discrimination or harassment, the events leading up to it, and how it has affected you.
• Date, Time, and Location: Record when and where the discrimination or harassment took place, including any specific incidents that are relevant to your claim.
• Name and Contact Information of the Perpetrator: Provide the full name and contact information of the person or people who you believe discriminated against you.
• Witness Information: Collect the names and contact details of anyone who witnessed the discriminatory behavior or who may have relevant knowledge of the situation.
• Supporting Documentation: Gather any documentation that supports your claim, such as emails, text messages, performance reviews, photos, or other evidence that helps prove the discrimination.
• Deadlines for Filing:
  • If you are filing a discrimination claim in California, you must file your complaint within three years of the most recent discriminatory incident.
  • If you are filing under federal law through the U.S. Equal Employment Opportunity Commission (EEOC), the deadline is generally 180 days from the incident, but California workers may have up to 300 days to file.
  • Note that under EEOC rules, the employer must have at least 15 employees to file a claim, although there are exceptions—consult with your attorney for specific advice on your case.

Working with an experienced employment lawyer can greatly strengthen your case. A lawyer will thoroughly investigate your claim, help you gather critical evidence, and handle negotiations with your employer or their legal team.

California Employment Discrimination Enforcement and Remedies

The California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), is responsible for enforcing California’s employment discrimination laws. However, while the CRD can intervene, it’s up to the employee to take proactive steps to hold their employer accountable and seek remediation for their unlawful actions. Employers must comply with these laws, but initiating the process falls largely on the employee.

How to Prove Discrimination Against a California Employer?

Proving discrimination is not always straightforward. Every case is unique, and building a strong case requires careful documentation and evidence collection. With the guidance of a skilled employment law attorney, your chances of a successful outcome increase significantly.

To prove your discrimination claim, you will need to:

• Provide Evidence of Unfair Treatment: You must show that you were subjected to unfair treatment because of your membership in a protected class. Keep detailed records of incidents, including dates, times, locations, and what was said or done. It’s helpful to maintain a journal of these events, along with saving any relevant emails, communications, or complaints you’ve made to human resources or management.
• Show Membership in a Protected Class: You need to establish that you belong to a protected class under California law (e.g., based on race, gender, age, etc.) and provide evidence that your unfair treatment was directly linked to that status.
• Demonstrate Employer Inaction: You must prove that your employer was aware of the discrimination and failed to take appropriate action to stop or correct it. This might include instances where complaints were made to management or HR, but no steps were taken to investigate or resolve the issue.
• Identify Patterns of Discrimination: If other colleagues or employees are experiencing similar discrimination, their experiences can help strengthen your case. Identifying patterns of unequal treatment across the workplace can further validate your claim.

Additionally, reviewing your employee handbook and familiarizing yourself with company policies can be crucial. Understanding your employer’s own guidelines on discrimination will enable you to compare what should have happened with what actually occurred. This knowledge will help you and your attorney better assess the employer’s failure to adhere to their stated policies, further building your case.

Legal remedies available to employees in California

Employees who have experienced discrimination, harassment, or other workplace violations in California can seek various legal remedies to address the harm they’ve suffered. The type of remedies available depends on the specifics of the case, but California law provides strong protections for workers. Below are some common remedies that a California employees may pursue:

1. Back Pay

One of the most common remedies is compensation for lost wages. Employees may be entitled to back pay if they were wrongfully terminated, demoted, or denied promotions due to discrimination. Back pay covers wages, benefits, and other compensation the employee would have earned had the discriminatory action not occurred.

2. Reinstatement

In cases of wrongful termination or demotion, employees may seek reinstatement to their previous position. This remedy allows workers to return to their jobs with the same responsibilities, pay, and benefits they had prior to the unlawful action.

3. Compensatory Damages

Compensatory damages are awarded to cover the emotional distress, mental anguish, pain, and suffering caused by discrimination or harassment. California law recognizes the toll that workplace discrimination can take on an individual’s well-being and offers compensation for these non-economic harms.

4. Punitive Damages

In certain cases, courts may award punitive damages as a way to punish the employer for egregious conduct and deter similar behavior in the future. These damages are reserved for cases where the employer’s actions were especially malicious, reckless, or in blatant disregard of the employee’s rights.

5. Front Pay

When reinstatement is not feasible due to ongoing hostility or the elimination of the position, an employee may be entitled to front pay. This remedy compensates the worker for future lost earnings, covering the time it would reasonably take to find a new, comparable job.

6. Injunctive Relief

Employees may also seek injunctive relief, which involves a court order requiring the employer to take specific actions to correct discriminatory practices. This can include implementing new anti-discrimination policies, conducting employee training, or ceasing unlawful practices that violate workplace laws.

7. Attorney’s Fees and Court Costs

California law allows employees who successfully pursue a discrimination claim to recover attorney’s fees and court costs from the employer. This ensures that the cost of litigation does not prevent employees from seeking justice.

8. Workplace Policy Changes

In some cases, courts may order the employer to revise company policies and procedures to prevent future discrimination or harassment. This may include enhanced training programs, clearer reporting protocols, or more stringent enforcement of anti-discrimination rules.

9. Reasonable Accommodations

For employees facing discrimination due to disability, pregnancy, or other protected conditions, the law may require the employer to provide reasonable accommodations. Remedies may involve ensuring the employer fulfills their duty to accommodate the employee’s needs, such as modifying job duties, providing assistive devices, or adjusting work schedules.

10. Settlement Agreements

In many cases, employees and employers may reach a settlement agreement outside of court. This agreement can provide for various remedies, including monetary compensation and changes in the workplace, without the need for lengthy litigation.

Navigating the legal process to secure these remedies can be complex. Employees are encouraged to consult with an experienced employment law attorney who can assess their case, gather necessary evidence, and represent them throughout the process. With the right legal support, employees can hold employers accountable for violations and pursue the compensation and changes needed to restore their rights in the workplace.

Protect Your Rights with Steinberg Law

Workplace discrimination remains a serious issue in California, despite strict laws against it. No one should endure discrimination, harassment, or hostile treatment at their job. If you have faced unfair treatment, it’s essential to take action and hold your employer accountable.

At Steinberg Law, our experienced attorneys are well-versed in both federal law and California employment law. We are committed to helping workers navigate the complexities of proving a discrimination case and pursuing justice. Whether you’re facing age discrimination, race discrimination, gender discrimination, or discrimination under another protected class, we can guide you through the process and fight for your rights.

Don’t wait—if you’ve experienced workplace discrimination, contact our law office today to schedule a consultation and take the first step toward protecting your rights under California law.