FEHA Employment Discrimination in California
The California Fair Employment and Housing Act (FEHA) prohibits employment discrimination based on over 20 protected characteristics including race, sex, age, disability, religion, sexual orientation, and national origin. FEHA applies to employers with 5 or more employees and covers all aspects of employment — hiring, firing, promotion, compensation, and terms and conditions. California courts apply the McDonnell Douglas burden-shifting framework: once an employee establishes a prima facie case, the burden shifts to the employer to articulate a legitimate, non-discriminatory reason, and then back to the employee to show that reason is pretextual.
Elements of the Claim
To succeed on this claim, you generally must establish each of the following:
- 1
Protected class membership
You belong to a protected class under FEHA (race, color, national origin, ancestry, religion, sex, gender, gender identity, sexual orientation, marital status, age 40+, disability, medical condition, genetic information, military/veteran status, or reproductive health decision-making).
- 2
Qualified for the position
You were qualified to perform the essential functions of your job, with or without reasonable accommodation.
- 3
Adverse employment action
You suffered an adverse employment action — termination, demotion, failure to promote, reduction in pay, or a materially adverse change in the terms and conditions of employment.
- 4
Discriminatory motive
Your protected characteristic was a substantial motivating factor in the adverse action. This can be shown through direct evidence (discriminatory statements) or circumstantial evidence (similarly situated comparators treated better, suspicious timing, shifting explanations).
Filing Deadlines
Missing a deadline can bar your claim. Act promptly and consult an attorney if deadlines are approaching.
CRD administrative complaint
3 years
Gov. Code § 12960
From the date of the discriminatory act. File with the Civil Rights Department.
Right-to-sue lawsuit
1 year
Gov. Code § 12965(c)(1)(C)
After receiving a right-to-sue notice from CRD, you have 1 year to file a civil lawsuit.
Frequently Asked Questions
What is employment discrimination under FEHA?
Employment discrimination under FEHA occurs when an employer takes an adverse action against an employee or applicant because of a protected characteristic. FEHA covers the full employment lifecycle — hiring, compensation, promotion, job assignments, training, benefits, and termination. Unlike federal Title VII which requires 15+ employees, FEHA applies to employers with just 5 or more employees, providing broader coverage for California workers.
How do I prove discrimination if there is no direct evidence?
Most discrimination cases rely on circumstantial evidence using the McDonnell Douglas burden-shifting framework. You establish a prima facie case by showing: (1) you belong to a protected class, (2) you were qualified, (3) you suffered an adverse action, and (4) circumstances suggest discrimination (e.g., replaced by someone outside your class). The employer must then provide a legitimate reason, and you can show that reason is a pretext for discrimination through evidence like inconsistent treatment, changing explanations, statistical patterns, or discriminatory remarks.
What damages are available in a FEHA discrimination case?
FEHA provides broad remedies including: back pay and lost benefits, front pay (future lost earnings), compensatory damages for emotional distress, punitive damages for malice or reckless indifference, reasonable attorney's fees and litigation costs, and injunctive relief (policy changes, training). Unlike federal Title VII, California does not cap compensatory or punitive damages in FEHA cases, which can result in substantially larger awards.
Can I file a FEHA claim without hiring a lawyer?
Yes. You can file a complaint with the Civil Rights Department (CRD) without an attorney. CRD offers online filing at calcivilrights.ca.gov. You may also request an immediate right-to-sue notice if you prefer to file a civil lawsuit. However, discrimination cases often involve complex legal issues, and many employment attorneys offer free consultations and work on contingency (no fee unless you win).
Does FEHA protect independent contractors from discrimination?
FEHA's harassment protections apply to independent contractors, volunteers, and unpaid interns — not just employees. However, FEHA's discrimination protections (adverse employment actions) generally apply only to employees. If you are misclassified as an independent contractor but are actually an employee under California's ABC test, you would have full FEHA discrimination protections as an employee.
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