California Employment Discrimination: How the Law Protects You

California's Fair Employment and Housing Act, Government Code § 12940, makes it unlawful for employers with five or more employees to discriminate in hiring, pay, promotion, or firing based on protected traits like race, sex, age, disability, or religion. Workers generally must file with the Civil Rights Department before suing.

What counts as employment discrimination in California

Under the Fair Employment and Housing Act (FEHA), Gov. Code § 12940, it is unlawful for a covered employer to treat a worker differently in the terms or conditions of employment because of a protected characteristic. This reaches hiring, firing, pay, promotions, job assignments, discipline, and layoffs.

Protected characteristics under Gov. Code § 12940 include:

• Race, color, national origin, and ancestry
• Religion and religious dress or grooming practices
• Sex, gender, gender identity, and gender expression
• Sexual orientation
• Age (40 and over)
• Physical or mental disability and medical condition
• Pregnancy, childbirth, and related conditions
• Marital status, military and veteran status, and genetic information

FEHA generally applies to employers with five or more employees, though its harassment provisions reach employers of any size. Not every unfair or harsh decision is unlawful — the conduct must be tied to a protected trait. A boss who is rude to everyone is not discriminating; a boss who is rude only to workers of one religion may be.

Harassment, retaliation, and failure to accommodate

Discrimination law covers more than a biased firing. FEHA also prohibits:

• Harassment — unwelcome conduct based on a protected trait that is severe or pervasive enough to create a hostile work environment, including sexual harassment.
• Retaliation — punishing a worker for opposing discrimination, filing a complaint, or participating in an investigation, addressed in Gov. Code § 12940(h).
• Failure to accommodate — refusing a reasonable accommodation for a disability or religious practice, or failing to engage in the required interactive process.

Retaliation claims are common because an employee who reports bias and is then disciplined or terminated may have a claim even if the underlying discrimination is hard to prove. The protected activity and the adverse action must be connected.

The deadline: file with the CRD first

Before suing under FEHA, a worker generally must file a complaint with the California Civil Rights Department (CRD, formerly the DFEH) and obtain a right-to-sue notice. Under Gov. Code § 12960, the complaint generally must be filed within three years of the last discriminatory act.

The CRD process typically works like this:

Many workers request an immediate right-to-sue notice so they can proceed to court. These deadlines are firm and interact with each other, so the timing matters. Federal claims under Title VII run on shorter federal timelines through the EEOC, which is a separate track.

What a discrimination case has to show

Proving discrimination rarely depends on a smoking-gun admission. Claims of this kind generally rest on circumstantial evidence: a qualified worker suffered an adverse action under circumstances suggesting a protected trait was a substantial motivating reason. Common evidence includes:

• Comparators — similarly situated coworkers outside the protected group treated better
• Timing — an adverse action shortly after a complaint or a disability disclosure
• Shifting or false explanations from the employer
• Statistical patterns in hiring or promotion
• Discriminatory comments by decision-makers

Remedies available under FEHA can include back pay, front pay, emotional distress damages, reinstatement, and attorney's fees. The employer's stated reason and the employee's evidence of pretext are usually the heart of the dispute.

Getting help with a claim

Because FEHA deadlines are strict and the CRD process has its own steps, workers who believe they were treated unlawfully often consult counsel early — before a right-to-sue notice is requested and while evidence like emails, reviews, and witness memories are fresh.

You can browse attorneys who handle these matters through the registry's employment law directory or use Find Counsel to start. For related topics, see what counts as wrongful termination in California and what to bring to a first meeting with an attorney. The registry does not recommend or rank attorneys; it lets you verify credentials and search by practice area.

Frequently asked questions

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

Under Government Code § 12960, a FEHA complaint with the Civil Rights Department generally must be filed within three years of the last discriminatory act. After the CRD issues a right-to-sue notice, a lawsuit generally must be filed within one year. Federal claims through the EEOC run on shorter, separate deadlines.

Do I have to go to the government before I can sue my employer?

Generally yes. Under FEHA, a worker must file a complaint with the California Civil Rights Department and obtain a right-to-sue notice before filing a discrimination lawsuit. Many workers request an immediate right-to-sue notice so they can proceed to court rather than wait for a full CRD investigation.

What kinds of discrimination are illegal at work in California?

Government Code § 12940 prohibits discrimination based on race, color, national origin, religion, sex, gender identity, sexual orientation, age (40 and over), disability, medical condition, pregnancy, marital status, military status, and genetic information. It also bars harassment, retaliation, and failure to reasonably accommodate a disability or religious practice.

Does California discrimination law apply to small employers?

FEHA's core discrimination protections generally apply to employers with five or more employees. However, the law's harassment provisions apply to employers of any size, so a very small business can still be liable for unlawful harassment even if it is below the five-employee threshold for other claims.

Is being treated unfairly the same as discrimination?

No. Unfair or harsh treatment is only unlawful under FEHA when it is tied to a protected characteristic. A manager who treats everyone poorly is generally not discriminating. A claim requires showing that a protected trait was a substantial motivating reason for the adverse action.

Legal information, not legal advice.