Know Your Rights: What to Do If You’re Facing Discrimination at Work

If you’re being treated worse at work because of your race, sex, age, disability or another protected characteristic, start documenting now, report it in writing, and keep track of your deadlines. In California, you generally have three years from the last discriminatory act to file with the Civil Rights Department (CRD), and you can’t sue under state law without first getting a right-to-sue notice from the CRD. The steps below help protect both your job and a possible claim.

Step 1: Check whether it’s discrimination under the law

Unfair treatment isn’t always unlawful. Discrimination generally means being treated worse because of a protected characteristic. Under FEHA, those include:

• race, color, ancestry and national origin
• religion and creed
• age (40 and over)
• physical or mental disability, medical condition and genetic information
• sex and gender, including pregnancy, childbirth, breastfeeding and related medical conditions
• sexual orientation, gender identity and gender expression
• marital status, military or veteran status, and reproductive health decision-making

Discrimination can affect hiring, pay, promotions, assignments, schedules, training, discipline and firing. It also includes harassment based on a protected characteristic and, for disability and pregnancy, a refusal to reasonably accommodate. A manager who is harsh with everyone may be a bad boss without breaking FEHA. A manager who is harsh only with the women on the team, or only with workers over 50, is a different story. See how to recognize workplace discrimination and common signs of discrimination.

Step 2: Document everything

Start a private log, kept on your own device or on paper, not on a work computer. For each incident, write down:

• the date, time and place;
• exactly what was said or done, and by whom;
• who saw or heard it;
• how it affected your job (a lost shift, a denied promotion, a write-up).

Also keep copies of documents you have legitimate access to: offer letters, performance reviews, write-ups, schedules, pay stubs, and emails or texts that show the treatment. Don’t forward confidential company or customer records to yourself. Recording a private conversation without everyone’s consent can be illegal in California, so get advice before you record anyone.

You can also request copies of your payroll records. Your employer must provide wage statement records within 21 calendar days of your request (Labor Code §226(b), (c)).

Step 3: Compare how others are treated

Discrimination claims often turn on comparisons. Note coworkers outside your protected group who do similar work and how they were treated: who got the promotion, who was disciplined for the same mistake, who got the better schedule. Here is a hypothetical. Mei, a Chinese American engineer, is written up for missing a deadline, while two colleagues of a different background missed the same deadline and received no discipline. Her notes on that comparison could become central evidence.

Step 4: Report it in writing

Follow your employer’s complaint procedure, usually in the employee handbook. Send your complaint by email to HR or a manager other than the person involved, and keep a copy. Be factual: describe what happened, when, and why you believe it’s connected to your race, sex, age or other characteristic.

Reporting does two things. It puts your employer on notice and gives it a chance to fix the problem; FEHA requires employers to take all reasonable steps to prevent discrimination and harassment (Gov. Code §12940(k)). And it’s protected activity, so retaliation for it can be a separate violation (§12940(h)). For what happens next, see HR investigations.

Step 5: Watch for retaliation

After a complaint, keep logging. Sudden schedule changes, new criticism, exclusion from meetings or a transfer can be retaliation. Keep doing your job and following reasonable instructions, and report any retaliation in writing too. Our guide can you be fired for reporting discrimination explains your protections.

Step 6: File with the CRD or the EEOC

If the problem isn’t fixed, you can file with a government agency. Most California workers file with the CRD, which enforces FEHA.

• CRD: You start by submitting an intake form, online through the CRD’s California Civil Rights System or by other methods listed on the CRD complaint page. An intake interview follows. If your complaint is accepted, the CRD investigates and typically requires mediation before it files a lawsuit.
• Immediate right-to-sue: If you plan to sue with a lawyer, you can skip the CRD investigation and request an immediate right-to-sue notice. You then have one year to file in court.
• EEOC: The U.S. Equal Employment Opportunity Commission enforces federal laws such as Title VII, which covers employers with 15 or more employees.

Compare the options in where to file: CRD or EEOC.

Step 7: Get legal advice before big decisions

Talk to an employment lawyer before you resign, sign a severance agreement or let a deadline get close. California generally gives you at least five business days to consider a separation agreement, and you have the right to consult a lawyer about it (Gov. Code §12964.5). If conditions are so bad you feel forced to quit, read about constructive discharge first.

What you may be able to recover

The CRD lists remedies that can include back pay, front pay, hiring or reinstatement, promotion, out-of-pocket expenses, policy changes, emotional distress damages, punitive damages and attorney’s fees and costs. What fits your case depends on the facts.

Mistakes to avoid

• Waiting for things to improve while deadlines run.
• Keeping your only notes on a work laptop or company account.
• Venting about coworkers on social media.
• Quitting without advice, which can affect both your claim and your unemployment benefits.
• Signing a release because HR says it’s routine.

Frequently asked questions

Do I have to complain to HR before filing with the CRD?

No, an internal complaint isn’t required to file with the CRD. But reporting internally often helps, because it puts your employer on notice and creates a record.

Is the DFEH still where I file?

No. The Department of Fair Employment and Housing was renamed the Civil Rights Department. Complaints now go to the CRD.

Can I be fired for filing a complaint?

Firing or punishing you because you complained or filed with an agency can be unlawful retaliation under Gov. Code §12940(h).

Can I file with the CRD without a lawyer?

Yes. You can submit the intake form yourself. If you plan to sue, a lawyer can request the immediate right-to-sue notice and file your case in court.

What if my employer has fewer than five employees?

FEHA’s discrimination rules generally apply at five or more employees, but its harassment rules apply to employers of any size.

Talk to a California employment lawyer

Employees First Labor Law represents workers exclusively, including employees facing discrimination, harassment and retaliation. We offer free virtual consultations to help you understand your options and deadlines. Contact us online or call (310) 853-3461.

This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.