Racial Discrimination
Table of Contents
- California law bars employers with 5 or more employees from firing, refusing to hire, or paying you less because of your race, color, national origin, or ancestry.
- Racial harassment is illegal in every California workplace, including those with only one employee.
- In California, “race” includes traits associated with race, such as hair texture and protective hairstyles like braids, locs, and twists.
- Your employer cannot retaliate against you for complaining about racial discrimination or helping with an investigation.
- You generally have 3 years from the date you were last harmed to file an employment complaint with the California Civil Rights Department.
If you were fired, passed over, paid less, or harassed because of your race, a California racial discrimination lawyer can help you understand your rights and options. Abramson Labor Group represents employees, never employers, in race, color, and national origin discrimination claims. Our case reviews are free and confidential, and we work on contingency.
Why Employees Choose Abramson Labor Group
- Employees only. We represent workers, never employers, so we have no conflict with your side of the case.
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- Documented results. See our case results. Past results do not guarantee a similar outcome.
- Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
- Help in English and Spanish, with intake also available in Armenian.
What Is Racial Discrimination at Work?
Racial discrimination happens when an employer treats you worse because of your race, color, national origin, or ancestry. Under California’s Fair Employment and Housing Act (FEHA), an employer may not, because of race or color, “refuse to hire or employ the person,” “discharge the person from employment,” or “discriminate against the person in compensation or in terms, conditions, or privileges of employment” (Government Code section 12940(a)).
Discrimination is not always open. It often shows up in who gets promoted, who gets the better shifts, and who gets disciplined for the same mistake. Our article on how to spot racial discrimination in the workplace covers common warning signs.
- You were fired or laid off while coworkers of a different race with the same record kept their jobs
- You were passed over for a promotion or raise given to a less experienced coworker of a different race
- You are disciplined more harshly than coworkers for the same conduct
- Supervisors or coworkers make slurs, jokes, or comments about your race, accent, or national origin
- You were told to change a natural hairstyle, such as braids, locs, or twists, to keep your job
- Things got worse after you complained about how you were being treated
Who Is Protected Under California Law?
California protects more workers than federal law does. FEHA’s discrimination rules apply to any employer “regularly employing five or more persons” (Government Code section 12926(d)). The federal law, Title VII, generally covers employers with 15 or more employees (EEOC). Federal law also bars discrimination based on “personal characteristics associated with race.”
| Protection | California (FEHA) | Federal (Title VII) |
|---|---|---|
| Discrimination in hiring, firing, pay, and promotions | Employers with 5 or more employees | Employers with 15 or more employees |
| Racial harassment | Employers with 1 or more employees | Employers with 15 or more employees |
| Hair texture and protective hairstyles | Expressly included in “race” | Covers “personal characteristics associated with race” |
FEHA also protects workers from discrimination based on other traits, including gender and religion. For an overview, read your legal protections against discrimination at work.
Hair texture and protective hairstyles
California’s definition of race “is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles,” and protective hairstyles include “braids, locs, and twists” (Government Code section 12926(w) and (x)). A grooming policy that targets these hairstyles may be race discrimination.
Racial harassment
Harassment because of race, color, national origin, or ancestry is illegal, and for harassment the law covers any employer “regularly employing one or more persons” (Government Code section 12940(j)). When a coworker is the harasser, the employer is responsible if it “knows or should have known of this conduct and fails to take immediate and appropriate corrective action.” Learn when conduct crosses the line in California hostile work environment laws and workplace harassment or bullying.
Employers must also “take all reasonable steps necessary to prevent discrimination and harassment from occurring” (Government Code section 12940(k)).
Favoritism and unequal treatment
Not every unfair decision is illegal. Favoritism based on friendship alone is generally not discrimination, but favoritism that tracks race can be. See when workplace favoritism becomes illegal discrimination.
Can My Employer Retaliate If I Complain?
No. FEHA makes it unlawful to “discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part” or has “filed a complaint, testified, or assisted in any proceeding” (Government Code section 12940(h)). See our retaliation page. If you were fired after complaining, our wrongful termination page explains how those claims work, and our article on constructive discharge covers situations where conditions pushed you to resign.
What Can You Recover?
According to the California Civil Rights Department, remedies for employment discrimination can include back pay, front pay, hiring or reinstatement, promotion, out-of-pocket expenses, emotional distress damages, punitive damages, and attorney’s fees and costs. What is available depends on the facts of your case.
How Long Do I Have to Act?
Deadlines depend on the type of claim. For FEHA employment claims, the Civil Rights Department says you “must submit an intake form to CRD within three years of the date you were last harmed.” Other claims can have different deadlines, so it is worth having your situation reviewed early. An employment attorney can evaluate which deadlines apply to you.
Serving Employees Across California
We represent employees facing racial discrimination in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers.
Frequently Asked Questions
How much does a racial discrimination lawyer cost?
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees. Learn more about how contingency fees work.
How do I know if I have a racial discrimination case?
Possibly, if your employer took action against you and race was a reason. Evidence often includes how coworkers of other races were treated, the timing of decisions, and comments made by decision-makers. Our article on how to know if you have an employment law case walks through the basics.
Does California law protect natural hairstyles at work?
Yes. California defines race to include hair texture and protective hairstyles such as braids, locs, and twists (Government Code section 12926).
What records should I keep?
Keep copies of performance reviews, schedules, and messages you are lawfully entitled to keep, and write down dates, comments, and witnesses while you remember them. Do not take confidential company files. See what to document if you are experiencing workplace misconduct.
Request a Free Case Review
If you believe you were treated differently because of your race, we can review what happened and explain your options. Request your free case evaluation or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.