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Workplace Discrimination in California: Your Legal Protections at Work

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Table of Contents
  1. Key Takeaways
  2. Is This Your Situation?
  3. What Workplace Discrimination in California Covers
  4. The Protected Traits Under California Law
  5. What Discrimination Looks Like by Type
    1. Race and Color
    2. Age
    3. Sex, Gender, and Pregnancy
    4. Disability
    5. Religion
    6. The Other Protected Categories
  6. Discrimination, Harassment, and Retaliation Compared
  7. Two Examples of How the Rules Work
  8. What to Do If You Suspect Workplace Discrimination in California
  9. Deadlines That Matter
  10. When to Talk to a Lawyer
  11. Frequently Asked Questions
    1. Do I have to be fired to have a discrimination claim?
    2. Does age discrimination law protect workers under 40?
    3. Is favoritism at work illegal?
    4. Can I file a complaint while I still work there?

Workplace discrimination in California is illegal, and state law protects a long list of personal traits. If your employer treats you worse because of who you are, you have rights and deadlines to act. Below, we explain which traits the law protects, what discrimination looks like on the job, how it differs from harassment and retaliation, and what to do next.

What counts as workplace discrimination in California?

It is discrimination when an employer refuses to hire you, fires you, or treats you differently in pay or job conditions because of a protected trait, such as race, sex, age (40 and over), disability, or religion. Government Code section 12940(a) sets the rule, and it applies to employers with five or more employees.

Legally Reviewed By:

Zev Abramson, Founding Partner at Abramson Labor Group

Zev Abramson

Founding Partner

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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…

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Key Takeaways

  • The Fair Employment and Housing Act (FEHA) protects 13 categories of traits, including reproductive health decision-making, according to the Civil Rights Department (CRD).
  • The ban on discrimination covers employers with five or more employees. The ban on harassment covers every workplace, even one with fewer than five (CRD).
  • Discrimination is not limited to firing. It also covers pay, promotions, schedules, and other “terms, conditions, or privileges of employment” (§ 12940(a)).
  • Your employer cannot punish you for opposing discrimination or filing a complaint (§ 12940(h)).
  • You generally have three years to contact the CRD, but only 300 days for a federal EEOC charge in California.

Is This Your Situation?

Employers rarely announce discrimination. More often, it shows up as a pattern. These are common warning signs:

  • You were passed over for a promotion that went to a less qualified coworker outside your group.
  • You learned you earn less than coworkers doing the same work.
  • Your reviews or discipline changed after you disclosed a pregnancy, a disability, or your religion.
  • Managers make comments about your age, race, accent, or gender.
  • Things got worse right after you complained about unfair treatment.

What Workplace Discrimination in California Covers

California law bans an employer from treating you worse because of a protected trait at any stage of the job. Under section 12940(a), an employer cannot “refuse to hire or employ” you, “discharge” you, or discriminate against you “in compensation or in terms, conditions, or privileges of employment” because of that trait.

The CRD lists the same reach in practical terms. The rules apply to job ads, applications and interviews, hiring, transfers, promotions, firing, working conditions including pay, and training programs. As a result, a claim does not require a firing. A pay gap or a denied transfer can be enough.

The Protected Traits Under California Law

The CRD’s employment page lists these protected categories. Each one links to our article or practice page on that type of claim, where one exists.

Protected category (CRD)Learn more
Race, colorRacial discrimination claims
Ancestry, national originCovered in this article
Religion, creedReligious discrimination at work
Age (40 and over)Age discrimination claims
Disability, mental and physicalDisability discrimination claims
Sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions)Gender discrimination claims
Sexual orientationCovered in this article
Gender identity, gender expressionCovered in this article
Medical conditionCovered in this article
Genetic informationCovered in this article
Marital statusCovered in this article
Military or veteran statusCovered in this article
Reproductive health decision-makingCovered in this article

If you are unsure which category fits, that is normal. Many cases involve more than one, and a free case review can help sort it out.

What Discrimination Looks Like by Type

Race and Color

Race discrimination can show up as uneven discipline, stalled promotions, or jobs given to less qualified coworkers. Our article on how to spot racial discrimination in the workplace walks through the common patterns.

Age

The age category protects workers who are 40 and over, according to the CRD. Layoffs that fall mostly on older workers and comments about “fresh energy” can be red flags. We cover more examples in how to spot age discrimination in California workplaces. If you work in Los Angeles County, our Los Angeles age discrimination lawyers can review your situation.

Sex, Gender, and Pregnancy

The CRD lists pregnancy, childbirth, breastfeeding, and related medical conditions within the sex and gender category. Losing shifts after announcing a pregnancy is a common pattern. Our article on how to prove pregnancy discrimination explains the evidence that tends to matter, and our pregnancy discrimination practice page explains how we handle these cases.

Disability

The law protects both mental and physical disabilities. Disability claims can also involve accommodation, such as a schedule change or modified duties. For the rules on asking, see what your employer must do for a disability.

Religion

Employers must accommodate religious belief and observance, including dress and grooming, unless that would cause undue hardship (§ 12940(l)). Our religious discrimination practice page covers how these claims are built.

The Other Protected Categories

National origin, ancestry, sexual orientation, gender identity and expression, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision-making all receive the same protection.

Discrimination, Harassment, and Retaliation Compared

These three claims often appear together, but the law treats them differently. Knowing which one applies helps you understand your options.

DiscriminationHarassmentRetaliation
What it isA job decision, such as pay, promotion, or firing, based on a protected traitUnwelcome conduct, such as slurs or mockery, based on a protected traitPunishment for opposing discrimination or filing a complaint
Law§ 12940(a)§ 12940(j)(1)§ 12940(h)
Employers covered5 or more employeesAll employers, any sizeVaries by claim

Two harassment rules are worth knowing. First, your employer is responsible for coworker harassment when it “knows or should have known” about it and “fails to take immediate and appropriate corrective action” (§ 12940(j)(1)). Second, section 12940(k) requires employers to take “all reasonable steps necessary to prevent discrimination and harassment from occurring.” When harassment builds up over time, it can create a hostile work environment.

Two Examples of How the Rules Work

These examples are simplified to show how the rules apply. They are not predictions about any real case.

Example 1: A very small employer. The owner of a business with three employees repeatedly mocks a worker’s accent. Because the business has fewer than five employees, the FEHA ban on discrimination does not reach it. However, the CRD says harassment is prohibited in all workplaces, so the harassment rules still apply.

Example 2: Two very different deadlines. A company fires an employee on March 2, 2026, after she reports that her manager makes comments about her age. Her general deadline to submit a CRD intake form is March 2, 2029. Her federal EEOC deadline is 300 days later, which lands on Sunday, December 27, 2026. Because the EEOC moves weekend deadlines to the next business day, she would have until Monday, December 28, 2026.

What to Do If You Suspect Workplace Discrimination in California

  1. Write down what happened. Note dates, names, exact words, and who was present. Notes made at the time are easier to rely on than memories pieced together later. Our article on documenting workplace misconduct shows what to keep.
  2. Save the paper trail. Keep copies of reviews, write-ups, pay stubs, schedules, and emails that you are allowed to keep.
  3. Compare treatment. Note how coworkers outside your group were treated in the same situation. Differences in discipline or pay can be important evidence.
  4. Report harassment through your employer’s process. Your employer’s duty to fix coworker harassment depends on what it knew. Get a free case review early. Do not delay your report to do it.
  5. Talk to a lawyer before you resign or sign anything. Quitting or signing a severance release can affect your options.

Deadlines That Matter

Claims for workplace discrimination in California have strict time limits. The deadlines below are general rules, not your exact deadline. The facts of your case can change the date.

StepGeneral deadlineSource
Submit an intake form to the CRD3 years from the date you were last harmedCRD complaint process
File a lawsuit after a CRD right-to-sue notice1 year from the date of the noticeCRD right-to-sue instructions
File a federal charge with the EEOC in California300 calendar days from the discriminationEEOC time limits

One trap catches many workers. Requesting a right-to-sue notice early starts the one-year lawsuit clock right away. For that reason, speak with a lawyer before you take that step.

When to Talk to a Lawyer

Consider a case review if you lost a job, promotion, or pay after a protected trait came up, if harassment continued after you reported it, or if things got worse after you complained. You should also get advice if a deadline in the table above is getting close. Workplace discrimination in California is easier to prove when evidence is gathered early.

At Abramson Labor Group, we represent California employees, never employers. Zev Abramson founded the firm in 2015, and our office is at 1700 W Burbank Blvd, Burbank, CA 91506. We serve clients in English and Spanish, and we hold a 4.5-star rating across more than 1,900 Google reviews (as of September 2026).

Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation or call us at (213) 493-6300.

Frequently Asked Questions

Do I have to be fired to have a discrimination claim?

No. Section 12940(a) also covers discrimination “in compensation or in terms, conditions, or privileges of employment.” That includes pay, promotions, schedules, and assignments while you still work there.

Does age discrimination law protect workers under 40?

Not under the age category. The CRD lists the protected age group as 40 and over. A younger worker may still have a claim based on a different protected trait.

Is favoritism at work illegal?

Favoritism alone is usually not illegal. It can become discrimination when the favoritism follows a protected trait, such as promotions going only to workers of one race or gender. We explain the line in when workplace favoritism becomes illegal discrimination.

Can I file a complaint while I still work there?

Yes. Section 12940(h) makes it unlawful to discharge or otherwise discriminate against you because you “filed a complaint, testified, or assisted in any proceeding” under FEHA.

This article 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.

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      AGREEMENT FOR FUTURE CONTACT: By clicking here, you provide Abramson Labor Group with your electronic signature and express written consent for us to email, call and text you at the numbers and addresses you provided us above (or provide to us later) with marketing offers and other information, including possibly using ATDS/autodialer technology, prerecorded and artificial/AI messages/voices. Consent is not a condition of purchase. Calls may be recorded and monitored and normal rates apply. We will also use your information in accordance with our privacy policy.