A California discrimination lawyer represents employees and job applicants who were fired, demoted, paid less or turned down for a job because of a protected trait such as race, age, sex, disability or religion. California’s Fair Employment and Housing Act (FEHA) covers employers with five or more employees (Gov. Code § 12926(d)), and you generally have three years to file a complaint with the Civil Rights Department (Gov. Code § 12960(e)(5)). Abramson Labor Group represents employees only, on contingency, from our office in Burbank.
Key Takeaways
- FEHA bars employers with five or more employees from firing, refusing to hire or treating you worse because of a protected trait.
- Harassment is illegal at every California workplace, even one with a single employee.
- You must file with the Civil Rights Department before you sue, usually within three years, then sue within one year of the right-to-sue notice.
- California law reaches smaller employers and allows more time than federal law, and Gov. Code § 12965 sets no dollar cap on damages.
- Disability was the most common basis in employment complaints filed with the Civil Rights Department in 2024.
- The best lawyer for your case is the one who can show employee-side results, explain your deadline and put the fee in writing.
Why California Employees Choose Abramson Labor Group
When you compare California discrimination attorneys, you should be able to check every claim a firm makes. Here is what you can verify about ours.
- More than 2,000 Google reviews with a 4.5-star rating (as of November 2026).
- Documented results on our case results page, including $500,000 and $270,000 for pregnancy discrimination clients, $1.5 million in a sexual harassment case and $1.7 million in a wrongful termination case. Past results do not guarantee a similar outcome.
- Employees only. The firm never represents employers.
- Founding partner Zev Abramson started the firm in 2015. He earned his J.D. at Loyola Law School and belongs to the California Employment Lawyers Association and the Consumer Attorneys Association of Los Angeles.
- Contingency fees: no fee unless we win.
- Case reviews in English and Spanish, with intake in Armenian.
What Counts as Employment Discrimination in California?
Employment discrimination in California means an employer refuses to hire you, fires you, or treats you worse in pay or in the terms, conditions or privileges of your job because of a protected trait (Gov. Code § 12940(a)). The law protects applicants as well as employees. It also covers you when the employer only believes you have a trait, or when you are associated with someone who has one (Gov. Code § 12926(o)).
The Civil Rights Department lists these protected traits for employment:
| Protected trait | What it includes |
|---|---|
| Race, color | Traits tied to race, including hair texture and protective hairstyles such as braids, locks and twists (Gov. Code § 12926(w), (x)). See signs of racial discrimination at work. |
| Ancestry, national origin | Where you or your family come from, including treatment tied to immigration status. |
| Religion, creed | Beliefs, observance and practice. See our religious discrimination lawyers. |
| Age | Workers 40 and over. |
| Disability, mental and physical | Includes the right to a reasonable accommodation. |
| Sex, gender | Includes pregnancy, childbirth, breastfeeding and related medical conditions. See our gender discrimination lawyers. |
| Sexual orientation, gender identity, gender expression | Protected separately from sex. |
| Medical condition, genetic information | Health conditions and genetic test results. |
| Marital status | Married, single, divorced or widowed. |
| Military or veteran status | Current service members and veterans. |
| Reproductive health decision-making | Decisions about your reproductive health. |
What Are the Main Types of Discrimination Claims?
FEHA treats discrimination, harassment and retaliation as separate claims. One set of facts can support more than one.
| Claim | What it means | Law |
|---|---|---|
| Discrimination | A firing, demotion, pay cut or refusal to hire because of a protected trait. | Gov. Code § 12940(a) |
| Harassment | Unwanted conduct based on a protected trait. It applies to employers of any size. | Gov. Code § 12940(j) |
| Retaliation | Punishment for opposing discrimination or for filing, testifying or assisting in a complaint. See our workplace retaliation lawyers. | Gov. Code § 12940(h) |
| Failure to accommodate | Refusing a reasonable accommodation for a known disability, or skipping the interactive process. | Gov. Code § 12940(m), (n) |
| Disparate impact | A neutral-looking policy or test that hurts a protected group more, unless it is job-related and consistent with business necessity. | 2 CCR § 11017(a), (e) |
| Failure to prevent | Not taking reasonable steps to prevent discrimination and harassment. | Gov. Code § 12940(k) |
Which Discrimination Complaints Are Most Common in California?
Disability leads California workplace discrimination complaints by a wide margin. In 2024, the Civil Rights Department received 33,505 intake forms, and 16,924 of them were immediate right-to-sue requests in employment cases. The department also accepted 4,077 employment complaints for investigation. A complaint can name more than one basis, so the counts below overlap (CRD 2024 Annual Report, Tables 1 and 2).
| Basis named in the complaint | Complaints CRD investigated | Immediate right-to-sue complaints |
|---|---|---|
| Disability | 2,174 | 14,430 |
| Reported or resisted discrimination or harassment | 1,775 | 11,837 |
| Sex or gender | 1,257 | 9,131 |
| Race (includes hairstyle and hair texture) | 1,190 | 7,655 |
| Age (40 and over) | 867 | 5,911 |
Most employment complainants took the right-to-sue route, which ends CRD’s role and opens the door to court. Complaints about reporting or resisting discrimination rank second, which shows how often a discrimination claim comes with a retaliation claim.
California Rules Many Workers Do Not Know
- Age protection starts at your 40th birthday (Gov. Code § 12926(b)). Using salary to decide who loses a job may count as age discrimination if it hurts older workers as a group (Gov. Code § 12941).
- Employers must explore reasonable ways to accommodate a Sabbath, holy days, religious dress and grooming. Moving you away from coworkers or the public is not a reasonable accommodation of religious dress or grooming (Gov. Code § 12940(l)(1), (2)).
- An English-only rule is illegal unless it is justified by business necessity and the employer tells workers when it applies and what happens if they break it (Gov. Code § 12951(a)).
What Do You Have to Prove in a Discrimination Case?
California’s jury instruction for discrimination, CACI No. 2500, lists six points. Your protected trait does not have to be the only reason for the decision. It has to be a substantial motivating reason.
- The defendant was your employer or another covered entity.
- You worked there or applied for a job there.
- The employer fired you, refused to hire you, took another adverse action, or forced you to quit (constructive discharge).
- Your protected trait was a substantial motivating reason for that action.
- You were harmed.
- The employer’s conduct was a substantial factor in causing that harm.
An employer may argue it would have made the same decision anyway. In Harris v. City of Santa Monica (2013), the California Supreme Court held that if the employer proves this, a court may not award damages, back pay or reinstatement. The employee may still win declaratory or injunctive relief and may be eligible for attorney’s fees and costs.
What Evidence Helps Prove Discrimination?
Few employers state a biased reason out loud. Most cases rest on a pattern of facts. Save copies of anything you are allowed to keep, and write down dates while you still remember them.
- Comments about your trait, in writing or spoken, with the date and who heard them.
- Timing, such as a firing soon after you disclosed a pregnancy, a diagnosis or your age.
- Coworkers without your trait who broke the same rule and kept their jobs.
- Good performance reviews before the decision.
- Reasons that changed over time or that skipped the company’s own policy.
- Pay stubs and job postings that show a pay gap or a replacement outside your group.
For trait-specific proof, see how to prove disability discrimination and our guide to your legal protections against discrimination at work.
How Long Do You Have to File a Discrimination Claim in California?
You generally have three years from the discriminatory act to file a complaint with the Civil Rights Department (CRD). After CRD issues a right-to-sue notice, you have one year to file a lawsuit. The CRD states that “you must file a complaint with CRD even if you wish to file a case directly in court.”
| Step | Deadline | Law |
|---|---|---|
| CRD complaint (an intake form counts as filing) | Three years from the unlawful practice | Gov. Code § 12960(b), (e)(5) |
| Facts learned after the deadline | Up to 90 more days, if you first learned the facts within 90 days after the deadline passed | Gov. Code § 12960(e)(6)(A) |
| Lawsuit | One year from the date of the right-to-sue notice | Gov. Code § 12965(c)(1)(D) |
| Federal EEOC charge | 180 days, extended to 300 days where a state or local agency enforces a law on the same basis | EEOC time limits |
Once you take a right-to-sue notice, CRD will not investigate your complaint, and your one-year clock starts. That makes it a good moment to consider speaking with an employment attorney first. Our statute of limitations guide covers deadlines for related claims.
Which Laws Protect You? California FEHA vs Federal Title VII
Most California employees can bring a claim under both FEHA and the federal Civil Rights Act (Title VII). FEHA reaches smaller employers and gives you more time.
| Issue | California (FEHA) | Federal (Title VII) |
|---|---|---|
| Employer size | Five or more employees (Gov. Code § 12926(d)); harassment, any size (§ 12940(j)(4)(A)) | 15 or more employees for 20 or more weeks a year (42 U.S.C. § 2000e(b)) |
| Time to file | Three years with CRD (Gov. Code § 12960(e)(5)) | 180 or 300 days with the EEOC (EEOC) |
| Damages cap | No dollar cap in Gov. Code § 12965 | $50,000 to $300,000 for emotional distress and punitive damages combined, by employer size (42 U.S.C. § 1981a(b)(3)) |
| Back pay | Recoverable (CRD) | Outside the cap (42 U.S.C. § 1981a(b)(2)) |
The federal cap tiers are $50,000 for 15 to 100 employees, $100,000 for 101 to 200, $200,000 for 201 to 500 and $300,000 for more than 500.
How Much Is a Discrimination Case Worth in California?
No official average exists. The value depends on your lost pay, the harm to your health and career, and the strength of the evidence. The CRD lists these remedies for employment discrimination, and they are also the items to ask for in a settlement:
- Back pay (past lost earnings) and front pay (future lost earnings).
- Hiring, reinstatement or promotion.
- Out-of-pocket expenses.
- Policy changes, training and reasonable accommodations.
- Damages for emotional distress.
- Punitive damages.
- Attorney’s fees and costs.
Punitive damages require clear and convincing evidence of oppression, fraud or malice (Civ. Code § 3294(a)). Against a company, an officer, director or managing agent must be responsible (§ 3294(b)). A court may award attorney’s fees to the winning side. A losing employee pays the employer’s fees only if the case was frivolous, unreasonable or groundless (Gov. Code § 12965(c)(6)).
How to Choose the Best Discrimination Lawyer in California
Rankings and badges tell you little about your case. Look for proof you can check and answers that fit your facts. A strong California employment discrimination lawyer should meet each point below.
- Represents employees only, so there is no conflict with employer clients.
- Handles FEHA discrimination cases regularly, not as a side practice.
- Shows documented results and tells you that past results do not guarantee yours.
- Has a public review record you can read, built over years.
- Works on contingency and puts the fee terms in a written agreement.
- Checks your CRD deadline at the first conversation.
- Speaks your language or arranges an interpreter.
Questions to Ask at a Free Consultation
- How many discrimination cases has the firm handled for employees?
- Which deadline applies to my claim, and when does it run out?
- What percentage is the fee, and who pays case costs if we lose?
- Who will handle my case day to day, and how will I get updates?
- What evidence would make my case stronger?
Workplace Discrimination Cases We Handle
The firm handles FEHA claims based on every protected trait, including these common case types:
- Gender, sexual orientation and gender identity discrimination, including unequal pay. See gender discrimination.
- Religious discrimination and denied religious accommodations. See religious discrimination.
- Race, color and national origin discrimination.
- Disability discrimination and failure to accommodate.
- Pregnancy discrimination.
- Age discrimination against workers 40 and over.
- Retaliation for reporting discrimination. See retaliation.
Serving Employees Across California
Abramson Labor Group has one office, at 1700 W Burbank Blvd in Burbank, and represents employees throughout California. A FEHA lawsuit may be filed in the county where the discrimination happened, where the employer keeps the relevant records, or where you would have worked (Gov. Code § 12965(c)(3)).
In Los Angeles, see our Los Angeles discrimination lawyer, Los Angeles disability discrimination lawyer and Los Angeles retaliation lawyer pages, or the Los Angeles employment lawyers hub. Elsewhere in the state, see our pages for San Diego, San Jose, San Francisco, Sacramento, Fresno and the Inland Empire, or every city on our areas we serve page. For every type of workplace claim statewide, visit our California employment lawyers page.
Frequently Asked Questions
Can you sue someone for discrimination in California?
Yes. You can sue an employer with five or more employees under FEHA (Gov. Code § 12940(a)) after you file with CRD and receive a right-to-sue notice. Harassment claims apply to employers of any size.
What are 5 examples of discrimination at work?
Common examples are firing a worker soon after she announces a pregnancy, passing over an employee for promotion because he is over 40, paying a woman less than a man for the same work, refusing a reasonable accommodation for a disability, and rejecting an applicant because of a protective hairstyle (Gov. Code § 12926(w)).
How much does a discrimination lawyer cost in California?
Nothing upfront at our firm. We work on contingency, so you do not pay anything unless we win. The case evaluation is free, and you will not pay for legal counsel or court fees out of pocket. The fee is a share of any settlement or verdict. If there is no recovery, you owe no attorney fees. Read more in how contingency fees work in California.
Can I sue for discrimination if I was not fired?
Yes. FEHA covers discrimination in pay and in the terms, conditions or privileges of employment, not only firings (Gov. Code § 12940(a)). A demotion, a denied promotion or a pay cut can support a claim.
Can an at-will employee sue for discrimination?
Yes. At-will employment lets either side end a job with no set term (Lab. Code § 2922), but it does not allow a firing because of a protected trait (Gov. Code § 12940(a)). Read more about at-will employment in California.
Can I sue my employer while I still work there?
Yes. FEHA makes it illegal to punish you for filing a complaint or opposing discrimination (Gov. Code § 12940(h)). See suing your employer while still employed.
Does California discrimination law protect undocumented workers?
Yes. The Civil Rights Department applies FEHA protections regardless of immigration status. Our guide to immigration status and workplace rights explains more.
What if my employer has fewer than five employees?
FEHA’s discrimination rules start at five employees (Gov. Code § 12926(d)), but harassment is prohibited “in all workplaces, even those with fewer than five employees,” according to the CRD.
Is it hard to prove discrimination?
It depends on the evidence. No official statewide win rate exists, so be wary of anyone who quotes one. You do not need a written admission. Timing, comments, how coworkers outside your group were treated and shifting reasons can show that your trait was a substantial motivating reason.
What happens during a free case review?
A member of our intake team asks what happened, the key dates and how many people your employer has. There is no cost and no obligation. If the firm can help, an attorney reviews the case and explains next steps.
Looking for a discrimination lawyer in Los Angeles?
Our Los Angeles discrimination lawyer page covers where LA cases are filed and how local workers can request a free review.
Request a Free California Discrimination Case Review
If you were treated differently because of who you are, a short call with a California discrimination lawyer can tell you where you stand and which deadline applies. Request a free case evaluation, contact us online or call (213) 493-6300. Our case reviews are free and confidential. You do not pay ANYTHING unless we win!
Last updated: November 2026
This page provides general information about California law, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.