Workplace Discrimination in California: Your Rights Under FEHA

California employees are protected by one of the broadest anti-discrimination laws in the nation: the Fair Employment and Housing Act, or FEHA. If you have been treated unfairly at work because of who you are, FEHA may give you the right to challenge that treatment and recover compensation. This guide explains what FEHA covers, what discrimination looks like in practice, the deadlines that apply, and the steps you can take.

What FEHA Is and Who It Protects

FEHA is found in Government Code section 12940 and the sections that follow. It applies to employers with five or more employees (and to harassment claims against employers of any size). It makes it unlawful to discriminate in hiring, firing, pay, promotion, training, and the terms and conditions of employment because of a protected characteristic.

The protected characteristics under FEHA include:

• Race, color, ancestry, and national origin
• Religion and religious dress or grooming practices
• Sex, including pregnancy, childbirth, and related conditions
• Gender, gender identity, and gender expression
• Sexual orientation
• Age, for workers 40 and older
• Physical or mental disability and medical conditions
• Marital status
• Military and veteran status
• Genetic information

FEHA generally provides stronger protection than comparable federal laws, covering smaller employers and a wider list of characteristics.

What Workplace Discrimination Looks Like

Discrimination is not always obvious. It can take several forms:

• Disparate treatment, where an employer treats you worse than others because of a protected trait, such as passing you over for promotion or paying you less.
• Disparate impact, where a neutral policy disproportionately harms a protected group without a legitimate business justification.
• Failure to accommodate a disability or a religious practice when a reasonable accommodation was available.
• Harassment that creates a hostile work environment based on a protected characteristic.

Under FEHA, you may have a claim if a protected characteristic was a substantial motivating reason for an adverse employment action, even if it was not the only reason.

Reasonable Accommodation and the Interactive Process

If you have a disability, FEHA requires your employer to engage in a timely, good-faith interactive process to find a reasonable accommodation, unless doing so would cause undue hardship. Accommodations can include modified schedules, leave, equipment, or reassignment. An employer's refusal to discuss accommodation at all can itself be a violation, separate from any discrimination.

Retaliation Is Also Illegal

FEHA prohibits retaliation against employees who assert their rights. You are protected when you oppose discrimination, file or participate in a complaint, request an accommodation, or take protected leave. If your employer demotes, disciplines, or fires you for engaging in this protected activity, that retaliation can be unlawful on its own.

Proving a Claim

Most discrimination cases are built from circumstantial evidence: shifting explanations, comments revealing bias, similarly situated coworkers being treated better, suspicious timing, or a sudden change in performance reviews. Documentation matters. Keep copies of evaluations, emails, texts, and notes about what was said and when.

Deadlines: The CRD and Your Right to Sue

Before filing most FEHA lawsuits, you must file a complaint with the California Civil Rights Department, formerly the DFEH, and obtain a right-to-sue notice. Under Government Code section 12960, you generally have three years from the date of the unlawful conduct to file that administrative complaint. Once you receive an immediate right-to-sue notice, you typically have one year to file your lawsuit in court. Missing these deadlines can bar your claim entirely, so it is important to act early.

Remedies Available Under FEHA

Employees who prevail under FEHA may recover lost wages and benefits, emotional distress damages, and, in appropriate cases, punitive damages. Prevailing employees may also recover attorney fees and costs. In some cases, reinstatement or changes to workplace policies are part of the relief.

What to Do If You Are Facing Discrimination

1. Report the conduct in writing through your employer's complaint process when it is safe to do so.
2. Keep a private record of incidents, including dates, witnesses, and what occurred.
3. Preserve emails, messages, and performance documents.
4. Watch the deadlines, especially the CRD filing window.
5. Consult an employee-side employment attorney before signing any release or severance agreement.

Closing

FEHA gives California workers real power to challenge bias on the job, but those rights are governed by strict deadlines. If you believe you have experienced workplace discrimination, an early evaluation can help you understand your options. To talk through your situation confidentially, contact our office.

This article is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship.