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California Workplace Discrimination LawyersEvery part of who you are is protected at work.

For California workers who were passed over, paid less, disciplined, harassed or let go because of who they are: race, sex, age, disability, faith, or any of the other characteristics the law protects.

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18 characteristics · one lawEngraved in Gov. Code § 12940(a)Turn every facet

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Is this you?

Treated worse because of who you are?

Discrimination rarely comes with a label. It usually looks like one of these. If something here sounds familiar, it’s worth a conversation.

  • A promotion went to a less-qualified coworker.

  • You’re paid less than coworkers doing the same job.

  • You were fired or demoted soon after a manager learned you’re pregnant, ill, older or of a certain faith.

  • Comments about your accent, your hair, your age, your religion or who you love.

  • You were told to stop speaking your language at work, even on breaks.

  • You were denied an accommodation for a disability, a pregnancy or a religious practice.

  • You’re held to stricter rules, or disciplined harder, than others.

  • You’re harassed by a supervisor, a coworker or a customer.

  • You were punished after you complained.

Unfair isn’t always illegal. The law asks one question: was a protected characteristic a substantial motivating reason for how you were treated? It doesn’t have to be the only reason. That is what we look for, and it is often found in the details. See all 18 characteristics.

The law in plain English

Eighteen characteristics. Every one protected.

California’s Fair Employment and Housing Act (FEHA) makes it illegal for an employer with five or more employees to refuse to hire you, fire you, or treat you worse in pay, promotion, discipline, assignments or any other term of your job because of who you are. The law names eighteen characteristics (Gov. Code § 12940(a)), each a facet of the gem.

The index: all 18, in the order the law lists them

Gov. Code § 12940(a) · employers with 5+ employees

  1. 01Race

    Includes traits associated with race, such as hair texture and protective hairstyles like braids, locs and twists.

    An employer can’t refuse to hire you, fire you, pay you less, pass you over or discipline you because of your race. A dress or grooming rule can’t be used to punish your natural hair or a protective style.

    Gov. Code §§ 12940(a), 12926(w)–(x)

    Race discrimination

  2. 02Religious creed

    Includes all aspects of religious belief, observance and practice, including religious dress and grooming.

    You can’t be treated worse because of your faith. Your employer must also reasonably accommodate your beliefs and practices, such as a schedule change for worship or your religious dress and grooming, unless it would cause undue hardship.

    Gov. Code §§ 12940(a), 12940(l), 12926(q)

    We don’t have a separate page on religious discrimination yet, but we handle these cases. Tell us what happened.

  3. 03Color

    Your skin color, which the law protects on its own, separately from race.

    Being passed over, paid less, disciplined or let go because of the color of your skin is illegal.

    Gov. Code § 12940(a)

    Race, color & ancestry

  4. 04National origin

    Includes the physical, cultural or linguistic characteristics, and the names, associated with where you or your ancestors come from.

    A rule limiting the language you speak at work is illegal unless it’s justified by business necessity and you were told when it applies, and it’s never lawful on breaks or at lunch. Your accent can’t be held against you unless it materially interferes with the job. These protections apply regardless of immigration status.

    Gov. Code §§ 12940(a), 12951; Cal. Code Regs., tit. 2, §§ 11027.1, 11028

    No separate English page yet; we handle these cases. Tell us what happened.

  5. 05Ancestry

    Your family line and heritage, listed in the law on its own.

    You can’t be treated worse at work because of your ancestry, including by a manager who assumes it from your name or appearance.

    Gov. Code §§ 12940(a), 12926(o)

    Race, color & ancestry

  6. 06Physical disability

    A physical condition that limits a major life activity. California’s test is broader than federal law’s.

    You can’t be fired, passed over or pushed out because of a disability. Your employer must reasonably accommodate it and work with you in a timely, good-faith interactive process; failing at either is a separate violation.

    Gov. Code §§ 12940(a), (m), (n); 12926(m)

    Disability discriminationAccommodations

  7. 07Mental disability

    A mental or psychological condition that limits a major life activity, such as clinical depression, bipolar disorder or post-traumatic stress disorder.

    A mental health condition can’t be the reason you’re let go or held back, and it can call for a reasonable accommodation, worked out with you in good faith.

    Gov. Code §§ 12940(a), (m), (n); 12926(j)

    Disability discrimination

  8. 08Reproductive health decisionmaking

    Includes a decision to use or access a particular drug, device, product or medical service for reproductive health.

    Your employer can’t treat you worse because of the decisions you make about your reproductive health.

    Gov. Code §§ 12940(a), 12926(y)

    No separate page yet; we handle these cases. Tell us what happened.

  9. 09Medical condition

    A health impairment related to a diagnosis of cancer, or a record or history of cancer, and certain genetic characteristics.

    A cancer diagnosis, treatment or history, including cancer in remission, can’t be the reason you’re let go or held back.

    Gov. Code §§ 12940(a), 12926(i)

    Disability & medical condition

  10. 10Genetic information

    Information about your genetic tests, your family members’ genetic tests, and diseases or disorders in your family.

    Your employer can’t use your genetic information, or your family’s medical history, against you.

    Gov. Code §§ 12940(a), 12926(g)

    No separate page yet; we handle these cases. Tell us what happened.

  11. 11Marital status

    Listed in the law on its own.

    Whether you’re single, married, divorced or widowed can’t be the reason you’re treated worse at work.

    Gov. Code § 12940(a)

    No separate page yet; we handle these cases. Tell us what happened.

  12. 12Sex

    Includes pregnancy, childbirth, breastfeeding and related medical conditions.

    You can’t be paid less, passed over or pushed out because of your sex, including because you’re pregnant, recently gave birth or are breastfeeding. Pregnancy also brings its own accommodation and leave rights.

    Gov. Code §§ 12940(a), 12926(r)(1), 12945

    Gender & equal payPregnancy discrimination

  13. 13Gender

    In the law, gender means sex, and includes gender identity and gender expression.

    Being held back, paid less or treated worse because of your gender is illegal, whatever your gender.

    Gov. Code §§ 12940(a), 12926(r)(2)

    Gender discrimination & equal pay

  14. 14Gender identity

    Your internal understanding of your gender: male, female, a combination, neither, or different from the sex you were assigned at birth.

    You can’t be treated worse because of your gender identity, whether you’re transgender, nonbinary or cisgender.

    Gov. Code §§ 12940(a), 12926(r)(2); Cal. Code Regs., tit. 2, § 11030(b)

    LGBTQ+ discrimination

  15. 15Gender expression

    Your gender-related appearance and behavior, whether or not it’s stereotypically associated with the sex you were assigned at birth.

    How you present, from your clothes and hair to your voice and manner, can’t be held against you.

    Gov. Code §§ 12940(a), 12926(r)(2)

    LGBTQ+ discrimination

  16. 16Age

    Forty and over: from your 40th birthday, with no upper limit.

    If you’re 40 or older, you can’t be pushed out, passed over or singled out in a layoff because of your age.

    Gov. Code §§ 12940(a), 12926(b)

    Age discrimination

  17. 17Sexual orientation

    Heterosexuality, homosexuality and bisexuality. Every orientation is protected, including straight.

    You can’t be treated worse because of who you love, whether you’re gay, lesbian, bisexual or straight.

    Gov. Code §§ 12940(a), 12926(s)

    LGBTQ+ discrimination

  18. 18Veteran or military status

    Members and veterans of the U.S. Armed Forces, the Armed Forces Reserve, the U.S. National Guard and the California National Guard.

    Your service, past or present, can’t be held against you at work.

    Gov. Code §§ 12940(a), 12926(k)

    No separate page yet; we handle these cases. Tell us what happened.

Light passes through more than one facet.

The protection reaches past the characteristic itself (Gov. Code § 12926(o)).

  • Perceived

    You’re protected if your employer thinks you have a characteristic, even if you don’t.

  • Associated

    Or because of someone you’re associated with, like a spouse, a child or a friend who has a protected characteristic.

  • Any combination

    Treatment aimed at a combination, such as being a woman of a particular race, is covered as a combination.

How discrimination is proven

No confession needed. Evidence refracts.

Employers rarely admit bias, so most discrimination is proven with circumstantial evidence. One set of events, seen through the right facets, shows its real shape.

  1. ComparisonsComparators

    Coworkers outside your group, in similar jobs with similar records, who were promoted, paid more or disciplined less. Choosing a less-qualified candidate can point the same way.

  2. TimingWhat changed, and when

    A demotion, cut or firing soon after a manager learned you’re pregnant, ill, turning a certain age, or of a certain faith.

  3. WordsComments

    Remarks about your accent, hair, age or faith, especially from the people who made the decision. Even a remark by someone else can be relevant evidence.

  4. PatternsStatistics

    Who gets hired, promoted, paid and laid off over time, and whether the employer broke from its own policies or past practice in your case.

  5. Reasons that shiftPretext

    Explanations that change, don’t fit the record, or appear only after the fact. A reason that doesn’t hold up can be strong evidence.

The standard: a substantial motivating reason

Your protected characteristic doesn’t have to be the only reason. It has to be a real one.

In legal terms, a reason that actually contributed to the decision: more than a remote or trivial reason, but not necessarily the only one.

CACI 2500, 2507 · Gov. Code § 12923(c)

When unfair isn’t discrimination

Rude or unfair treatment that’s applied to everyone equally usually isn’t discrimination by itself. It becomes illegal when a protected characteristic is a substantial motivating reason for how you’re treated, for example if the harsh treatment falls mostly on workers of one race, sex or age.

Not sure which side of the line you’re on? That’s exactly what a free case review is for.

Four more protections

The law also asks what your employer did next.

Discrimination claims often travel with these. Each is its own legal duty.

  • Accommodation

    Three different rules. For a disability, your employer must reasonably accommodate it and engage in a timely, good-faith interactive process. For religion, it must accommodate your beliefs and practices unless it would cause undue hardship. For pregnancy, it must accommodate a pregnancy-related condition when you ask with your health care provider’s advice.

    Gov. Code §§ 12940(l), (m), (n); 12945(a)(3)

    Reasonable accommodationsParental leave & baby bonding

  • Harassment

    Harassment because of any of these characteristics is illegal at every California employer, even one with a single employee. You don’t have to lose pay or your job to have a claim, and the harasser can be personally liable.

    Gov. Code § 12940(j)

    Sexual harassmentHostile work environment

  • Failure to prevent

    Employers must take all reasonable steps necessary to prevent discrimination and harassment from happening. This claim usually travels with a proven discrimination or harassment claim, rather than standing alone.

    Gov. Code § 12940(k)
  • Retaliation

    It’s illegal to punish you for complaining about discrimination, filing a complaint, helping with a coworker’s complaint or an investigation, or asking for a disability accommodation.

    Gov. Code §§ 12940(h), 12940(m)(2)

    Retaliation claimsFired after complaining to HR

Deadlines

The clock starts with the act. Start early.

In California you generally must file with the Civil Rights Department (CRD) before you can sue. Some claims have shorter or different clocks, so talk to a lawyer early.

California · FEHA

  1. The unlawful act
  2. Complaint filed with the CRD
  3. Right-to-sue notice
  4. Lawsuit filed

Three years to file with the CRD, then one year from the right-to-sue notice to file in court. A lawyer can request an immediate right-to-sue notice so your case can go to court.

Gov. Code §§ 12960(e)(5), 12965(c)(1)

Federal · EEOC

  1. The unlawful act
  2. Charge filed with the EEOC

Filing with one agency is automatically shared with the other.

Federal law, in one line. Federal laws (Title VII and the Americans with Disabilities Act for employers with 15 or more employees, and the Age Discrimination in Employment Act for 20 or more) also protect you, but California’s law covers smaller employers and more characteristics.

What you can recover

What the law can put back.

Depending on the facts, a discrimination case can recover:

  • Lost wages & benefits

    Past lost earnings and benefits, and future lost earnings.

  • Emotional distress

    Compensation for the anxiety, humiliation and harm it caused.

  • Punitive damages

    In some cases, where the employer acted with malice, oppression or fraud.

  • Attorney’s fees & costs

    The court can order the employer to pay reasonable fees and costs, including experts.

  • Your job or promotion

    In some cases, reinstatement, or the job or promotion you were denied.

Every case is different. No one can honestly put a number on yours before reviewing the facts.

What to gather

Every facet of your story.

You don’t need all of this to call us. Start with what you have; we’ll help with the rest.

Once we take your case, you can upload these in your client app, and see your case progress there.

Keep only copies you lawfully have: your own messages, pay stubs and reviews. Don’t take confidential company files or other people’s private records.

  1. Comments and messages

    Texts, emails, chats, and notes of what was said, by whom and when.

  2. Performance reviews

    From before and after things changed.

  3. Pay records and comparisons

    Pay stubs and offer letters, plus what you know about coworkers’ pay, roles and treatment.

  4. Policies

    The handbook, dress or grooming code, and leave or accommodation policies.

  5. Complaints and responses

    Anything you reported, to whom, and what came back.

  6. Witnesses

    Names of coworkers who saw or heard what happened.

  7. A dated timeline

    When you disclosed, asked or complained, and what happened next.

Results

Results in discrimination cases

Prior results do not guarantee a similar outcome.

$1,950,000 Settlement Pregnancy Discrimination & Wrongful Termination
  • $1,800,000SettlementPregnancy Discrimination
  • $1,200,000SettlementDisability Discrimination & Wrongful Termination
  • $1,150,000SettlementPregnancy Discrimination
  • $1,100,000Arbitration AwardAssociational Disability Discrimination
  • $1,000,000Arbitration AwardDisability Discrimination
  • $950,000SettlementPregnancy Discrimination & Wrongful Termination

See all results

FAQ

Questions workers ask us

What counts as discrimination at work in California?

Being refused a job, fired, paid less, passed over, disciplined or otherwise treated worse because of a protected characteristic: race, color, ancestry, national origin, religion, sex or gender (including pregnancy), gender identity or expression, sexual orientation, marital status, age 40 and over, disability, medical condition, genetic information, reproductive health decisionmaking, or military or veteran status (Gov. Code § 12940(a)). It applies to employers with five or more employees.

How do I prove discrimination at work?

Usually with circumstantial evidence: how coworkers outside your group were treated, the timing of the decision, comments by decision-makers, breaks from the employer’s own policies, patterns, and reasons that shift. Your characteristic has to be a substantial motivating reason for what happened, not necessarily the only one (CACI 2500, 2507).

Is it discrimination if my boss treats everyone badly?

Rude or unfair treatment that’s applied to everyone equally usually isn’t discrimination by itself. It becomes illegal when a protected characteristic is a substantial motivating reason for how you’re treated, for example if the harsh treatment falls mostly on workers of one race, sex or age.

Can my employer discriminate if it has fewer than 5 employees?

California’s discrimination rules under FEHA apply to employers with five or more employees, but harassment is illegal at any employer, even one with a single employee. Other laws may still apply, so ask a lawyer.

How long do I have to file a discrimination claim in California?

Generally three years to file a complaint with the Civil Rights Department, then one year after your right-to-sue notice to file a lawsuit. A federal charge with the EEOC generally must be filed within 300 days. Some claims have shorter or different clocks, so talk to a lawyer early.

Do I file with the CRD or the EEOC?

For most California workers, the CRD is the starting point: it covers employers with five or more employees, gives you three years, and a complaint that also violates federal law is automatically filed with the EEOC. A lawyer can file and request an immediate right-to-sue notice so your case can go to court.

What can I recover in a discrimination case?

Depending on the facts: lost wages and benefits (past and future), compensation for emotional distress, punitive damages in cases of malice, oppression or fraud, attorney’s fees and costs, and in some cases reinstatement or the job or promotion you were denied. No one can promise an amount before reviewing your case.

Is it legal for my employer to ban speaking Spanish at work?

Only if the rule is justified by business necessity and employees were told when it applies and what happens if they break it, and it’s never lawful on breaks or at lunch (Gov. Code § 12951; Cal. Code Regs., tit. 2, § 11028).

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