Workplace Discrimination & Harassment in California
The California Fair Employment and Housing Act (FEHA), codified in Government Code §§ 12900–12996, provides broad protections against employment discrimination and harassment. FEHA covers employers with 5 or more employees (harassment protections apply to all employers) and prohibits discrimination based on over 20 protected categories. The Civil Rights Department (CRD) enforces FEHA.
Frequently Asked Questions
What categories are protected under California's FEHA?
FEHA protects against discrimination based on: race, color, national origin, ancestry, religion, sex (including pregnancy, childbirth, and related conditions), gender, gender identity, gender expression, sexual orientation, marital status, age (40+), disability (physical and mental), medical condition, genetic information, military/veteran status, and reproductive health decision-making. This is broader than federal Title VII protections.
What counts as workplace harassment under California law?
Harassment includes unwelcome conduct based on a protected category that is severe or pervasive enough to create a hostile work environment, or quid pro quo harassment where employment benefits are conditioned on submitting to unwelcome conduct. A single incident can be sufficient if severe enough. California applies a reasonable person standard considering the totality of circumstances.
Can my employer fire me because of my disability?
No. Under FEHA, employers must engage in a timely, good-faith interactive process to identify reasonable accommodations that allow you to perform your job's essential functions. Termination is only permitted if no reasonable accommodation exists or if accommodation would cause undue hardship. Failure to engage in the interactive process is itself a FEHA violation.
How do I file a discrimination complaint in California?
You can file a complaint with the Civil Rights Department (CRD) within three years of the discriminatory act. You may also request an immediate right-to-sue notice from CRD without investigation. Once you receive a right-to-sue notice, you have one year to file a civil lawsuit. You can file online at calcivilrights.ca.gov or by mail.
What damages can I recover in a discrimination case?
Available remedies include: back pay and lost benefits, front pay, compensatory damages for emotional distress, punitive damages (in cases of malice or reckless indifference), reasonable attorney's fees and costs, and injunctive relief. Unlike federal law, California does not cap compensatory or punitive damages in FEHA cases.
Related Tools
Free interactive tools for this topic — no AI needed.
Have a specific question?
Ask our AI-powered assistant about your California employment rights.
Ask Your QuestionRelated Topics
California protections for employees who report violations or exercise workplace rights.
Leave & Time OffCalifornia leave laws including CFRA, pregnancy disability leave, paid family leave, sick leave, and SDI.
Complaints & ClaimsHow to file employment complaints with California agencies, statutes of limitations, and the right-to-sue process.
Related Claims
California wrongful termination claims for firings that violate public policy, breach implied contracts, or involve fraud.
FEHA DiscriminationCalifornia FEHA discrimination claims covering protected classes, adverse employment actions, and the burden-shifting framework.
Workplace HarassmentCalifornia FEHA harassment claims including hostile work environment and quid pro quo harassment.
CFRA Leave ClaimsCalifornia Family Rights Act (CFRA) claims for denial of leave, interference, and retaliation for taking family or medical leave.