Workplace Discrimination

California law prohibits employers from making job decisions based on who you are. If you were fired, passed over, paid less, or treated differently because of a protected characteristic, a discrimination lawyer can help you hold your employer accountable.

Smith Trial Group represents employees in discrimination cases throughout Orange County and Southern California. Our results include a $1.5 million jury verdict in a disability discrimination case and settlements in race and pregnancy discrimination cases.

On this page: Protected characteristics · Forms of discrimination · Proving discrimination · Equal pay · Deadlines · FAQ

Protected Characteristics Under California Law

The California Fair Employment and Housing Act (FEHA) applies to employers with five or more employees and prohibits discrimination based on:

• Race, color, national origin, and ancestry (including hair texture and protective hairstyles)
• Religion, including religious dress and grooming
• Sex, gender, gender identity, gender expression, and sexual orientation
• Pregnancy, childbirth, and breastfeeding
• Physical and mental disability, medical condition, and genetic information, including the right to a reasonable accommodation
• Age (40 and over)
• Marital status and military or veteran status
• Reproductive health decision-making

Forms of Discrimination

• Termination, demotion, or reduced hours
• Refusal to hire or promote
• Unequal pay, assignments, or discipline
• Failure to accommodate a disability, pregnancy, or religious practice
• Harassment that creates a hostile work environment

How Discrimination Is Proven

Employers rarely state a discriminatory motive. Cases are usually built on circumstantial evidence: how similarly situated coworkers were treated, the timing of a decision, shifting explanations, statistics, and comments by decision-makers. We know how to find and present that evidence.

Equal Pay

California’s Equal Pay Act requires equal pay for substantially similar work regardless of sex, race, or ethnicity, and employers must provide pay scale information for positions on request. Pay discrimination claims can carry significant back pay.

Deadlines

Most FEHA claims must first be filed with the California Civil Rights Department (CRD), generally within three years, before a lawsuit can be filed. Other employment claims have their own deadlines, some much shorter. Talk to a lawyer promptly.

Helpful resources: California Civil Rights Department · EEOC: Discrimination by Type

Types of Discrimination Cases We Handle

• Race and color discrimination, including hair texture and protective hairstyles.
• Sex and gender discrimination and unequal pay.
• Pregnancy discrimination and leave violations.
• Disability discrimination and failure to accommodate.
• Age discrimination, including age-based layoffs.
• National origin, ancestry and language discrimination.
• Religious discrimination and religious accommodation.
• Sexual orientation and gender identity discrimination.

Which Employers Are Covered

FEHA’s discrimination protections apply to employers with five or more employees, and its harassment protections apply to employers of any size. Federal laws such as Title VII and the Americans with Disabilities Act generally apply to employers with 15 or more employees, and the Age Discrimination in Employment Act to employers with 20 or more. Because FEHA covers more employers and allows more remedies, most California discrimination cases are brought under state law.

What You Can Recover

• Lost wages and benefits, past and future.
• Emotional distress damages.
• Punitive damages where the employer acted with malice, oppression or fraud.
• Attorney’s fees and costs for a prevailing employee.
• In some cases, reinstatement or changes to employer policies.

Unlike federal law, FEHA does not cap compensatory or punitive damages.

What to Do If You Are Experiencing Discrimination

1. Write down what happened, with dates, names and witnesses.
2. Keep copies of reviews, emails and messages you are entitled to have.
3. Report the conduct in writing according to your employer’s policy, if it is safe to do so.
4. Talk to a lawyer before signing any severance agreement or release.

Frequently Asked Questions

My employer has fewer than five employees. Am I protected?

FEHA’s discrimination provisions apply to employers with five or more employees, but harassment protections apply to all employers, and other laws may apply.

What can I recover in a discrimination case?

Remedies can include lost wages and benefits, emotional distress damages, punitive damages in appropriate cases, and attorney’s fees.

Related guides: How long do I have to sue my employer? · Is California an at-will state?