Workplace Discrimination

What Is Workplace Discrimination Under California Law?

Workplace discrimination happens when an employer makes a job decision because of an employee’s protected class status instead of the employee’s performance, qualifications, or fitness for the role. That decision can be a refusal to hire, a demotion, denying a promotion, a pay cut, schedule change, layoff, or a firing. It can also be the quiet, daily mistreatment that wears down a worker until staying becomes impossible.

Californians are protected by the Fair Employment and Housing Act (FEHA), along with federal protections like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. FEHA covers more employers, protects more characteristics, and applies a more employee-favorable harassment standard. When a California claim is also a federal claim, the two frameworks run together – and Daily Aljian’s employment discrimination lawyers in California handle both.

Discrimination Claims We Handle at Daily Aljian

FEHA recognizes a wide range of protected characteristics, and the conduct that gives rise to a claim looks different in every workplace. Below are the matter types Daily Aljian most often handles for California employees. If your situation does not fit neatly into one of these categories, that does not mean you do not have a claim – it often means more than one of these claims applies.

Race, Color, National Origin, and Ancestry Discrimination

California law prohibits hiring, promotion, pay, work assignment, and other employment decisions based on race, color, national origin, or ancestry. This includes English-only workplace rules without legitimate business reasons, grooming or accent policies targeting particular ethnic groups, and mistreatment based on immigration status. California’s definitions are broad — you do not have to be part of a numerical minority to be protected.

Sex, Gender, Pregnancy, and Sexual Orientation Discrimination

California’s definition of “sex” includes pregnancy, childbirth, breastfeeding, gender identity, gender expression, and sexual orientation. The law protects pregnant workers and new parents from adverse actions related to leave, accommodation requests, or visible pregnancy. LGBTQ+ protections go further in California than under federal law. Discrimination and harassment often occur together and can be pursued as combined claims.

Age Discrimination (40 and Over)

Employers cannot discriminate against workers aged 40 or older. Common patterns include layoff lists that disproportionately remove older workers, “culture fit” or “energy level” excuses in hiring, forced retirement, denied training, and stereotype-based assignments. The law treats age comparisons the same way whether the employee is compared to a younger group or a single younger replacement.

Disability Discrimination and Failure to Accommodate

California prohibits discrimination based on physical disability, mental disability, or medical condition, and requires employers to provide reasonable accommodations. California’s definition of disability is broader than federal law — a condition only needs to make a major life activity “difficult,” not “substantially” limit it, and employees are protected even if they are only perceived to have a disability. Employers must engage in an interactive process to identify possible accommodations. If that process never occurs or the employer refuses to participate, the failure to accommodate is itself a standalone violation.

Religious Discrimination and Failure to Accommodate

Employers cannot make employment decisions based on religious belief and must accommodate religious practice unless it causes undue hardship. Common claims involve refusal to hire because of religious dress or grooming, scheduling conflicts with religious observance, denied requests to attend services, and faith-based harassment. Like disability accommodation, employers must engage in an interactive process and cannot simply refuse without exploring alternatives.

Pay Inequity Under California’s Equal Pay Act

California’s Equal Pay Act requires equal pay for “substantially similar work” — a broader standard than federal law. Employers cannot use prior salary history to justify pay differences, and employees are protected for discussing wages with coworkers or asking about pay. Pay inequity claims often surface during routine pay reviews or when a worker discovers a colleague doing the same job for more money. These cases may also involve unpaid time or misclassification issues.

Hostile Work Environment Claims

A hostile work environment is actionable on its own — the conduct does not need to result in firing, demotion, or pay loss. California prohibits harassment based on any protected characteristic. A single severe incident may be enough, and the standard is whether a reasonable person in your position would find the conduct hostile or abusive. The harassment can come from a supervisor, coworker, or third party the employer fails to control.

Constructive Discharge

If working conditions become so intolerable that a reasonable person would feel forced to quit, your resignation can be treated as wrongful termination. Constructive discharge claims often follow months of unaddressed discrimination, retaliation, or harassment — the employee finally leaves, and the employer claims it was voluntary. California law recognizes that some departures are forced, not voluntary.

How to Start a California Discrimination Claim

California discrimination cases follow a defined procedural path, and the steps you take early often shape what is available later.

The first step to recovery is documentation. Save emails, texts, written warnings, performance reviews, schedules, pay stubs, policy handbooks, and the names of anyone who witnessed the conduct. Note the dates and what was said.

The second step is, where appropriate, internal reporting. Many employer policies require an internal complaint through HR or a designated officer before the company will treat the issue as actionable. Reporting internally does not bar you from filing a CRD complaint, and in some cases it strengthens later retaliation claims.

The third step is administrative exhaustion. Before a California employee can file a FEHA lawsuit in court, they must first file a complaint with the California Civil Rights Department. Cal. Gov. Code § 12960. The current filing window is three years from the date of the unlawful conduct. Filing with the CRD is a threshold requirement — without it, the civil action cannot proceed.

The fourth step is the right-to-sue letter. Once you have filed with the CRD, you may request – or the agency may issue – a right-to-sue letter under Cal. Gov. Code § 12965. That letter authorizes you to file a civil action in California superior court. From the date the right-to-sue letter issues, you generally have one year to file your civil case.

For federal claims under Title VII, the ADA, or the ADEA, the parallel agency is the U.S. Equal Employment Opportunity Commission (EEOC). The CRD and EEOC have a work-sharing agreement, and a complaint dual-filed with one is generally treated as filed with the other. Daily Aljian’s attorneys handle that coordination so the right claims are pleaded in the right forum on the right timeline.

What Daily Aljian Brings to Your Discrimination Case

We know how the defense builds its case.

Daily Aljian’s employment practice represents both workers and employers. That dual perspective matters on the plaintiff side. The firm knows how California companies investigate complaints, how they document terminations, and what defenses their counsel will raise. That knowledge shapes how a case is built from the first intake call.

We work on a contingency fee basis.

Discrimination claims should not be limited to workers who can afford to fight. Daily Aljian handles these cases on contingency. There is no upfront fee, no hourly billing, and no charge if your claim does not succeed. We do not win unless you win.

We see you as a partner.

You know what happened at your workplace better than anyone. You also know what outcome would actually make the situation right – whether that is a financial recovery, a change in policy, an apology, or simply being heard. We build the case strategy around what matters to you, not around a template.

What the Process of a California Discrimination Case Looks Like

Once Daily Aljian takes your case, the work begins with a focused investigation. We interview you in depth, request and review the documents you have gathered, and identify additional records to subpoena or preserve. Where appropriate, we send a demand letter to the employer that frames the legal claims, summarizes the evidence, and opens the door to early resolution.

Many California discrimination matters move through mediation before a civil filing. The CRD offers mediation services, and private mediation is also common. A negotiated resolution at this stage can save months or years of litigation. Daily Aljian comes to those sessions prepared to try the case — not as a negotiating posture, but because preparation is what produces a fair settlement.

If mediation does not resolve the matter, we file a civil action in the appropriate California superior court once the right-to-sue letter issues. Discovery, motion practice, and trial preparation follow. We keep you informed at every stage. You may be entitled to back pay, front pay, emotional distress damages, punitive damages where the employer’s conduct meets California’s malice, oppression, or fraud standard, and attorney’s fees under FEHA.

FAQs About California Workplace Discrimination Claims

Who is protected from discrimination under California’s FEHA?

FEHA protects workers from discrimination based on race, color, ancestry, national origin, religion or religious creed, age (40 and over), physical or mental disability, medical condition, genetic information, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), gender, gender identity, gender expression, sexual orientation, marital status, and military or veteran status. Cal. Gov. Code §§ 12940, 12926. The list reaches further than the federal Title VII baseline, and California also extends harassment protections to nearly every employer in the state regardless of size.

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

You generally have three years from the date of the unlawful conduct to file a complaint with the CRD. Cal. Gov. Code § 12960. Once the CRD issues your right-to-sue letter, you generally have one year from the date of the letter to file your civil action. Cal. Gov. Code § 12965. Some federal claims have shorter windows, so the safest course is to talk to an attorney as soon as you suspect a violation.

Do I have to file with the CRD before I can sue my employer?

Yes – administrative exhaustion is a threshold requirement for FEHA claims. You file a complaint with the California Civil Rights Department, and the agency either investigates or issues a right-to-sue letter authorizing you to file a civil action in superior court. Skipping this step is one of the most common ways a meritorious claim gets dismissed on procedural grounds.

What is the difference between FEHA and Title VII?

Both prohibit workplace discrimination, but FEHA reaches further. FEHA generally applies to employers with five or more employees (one or more for harassment claims), while Title VII applies only to employers with 15 or more. FEHA expressly protects characteristics Title VII does not always reach, including medical condition, marital status, military and veteran status, and gender identity and expression. And under Cal. Gov. Code § 12923, California applies a more employee-favorable harassment standard than the federal courts traditionally have.

Can my employer retaliate against me for filing a discrimination complaint?

No – retaliation against an employee for filing or supporting a discrimination complaint is itself an independent FEHA violation. Cal. Gov. Code § 12940(h). Adverse actions taken after a complaint, including demotions, schedule changes, or termination, can give rise to a separate retaliation claim under FEHA. California courts do not require the retaliatory action to be the only reason for the adverse decision – being a substantial motivating reason may be enough.

Is pregnancy discrimination treated as sex discrimination in California?

Yes. FEHA expressly includes pregnancy, childbirth, breastfeeding, and related medical conditions within the definition of “sex.” Cal. Gov. Code § 12926. Discrimination because an employee is pregnant, has recently given birth, is recovering from a pregnancy-related condition, or is breastfeeding is unlawful, and California also requires reasonable accommodation for pregnancy-related limitations.

What damages can I recover in a California discrimination case?

Depending on the facts, you may be entitled to back pay covering lost wages and benefits, front pay where reinstatement is not feasible, and emotional distress damages for the harm the discrimination caused. Where an employer’s conduct meets California’s malice, oppression, or fraud standard under Cal. Civ. Code § 3294, punitive damages may also be available. FEHA additionally authorizes the prevailing party to recover attorney’s fees and costs, which makes it possible to bring a strong case even when the economic damages alone would not justify the expense.

Contact Our California Workplace Discrimination Attorneys Today

If you believe you have been discriminated against at work, you have rights – and there are deadlines. Daily Aljian’s California workplace discrimination attorneys offer a free, confidential consultation to discuss your situation, walk you through your options, and explain what coming forward would look like in your specific case. There is no fee unless we win your case. To get started, call us at 949-861-2524 or request a free consultation today.