December 24, 2024 Table of Contents
Racial discrimination in the workplace is often quieter than slurs or open hostility. Racism at work can look like a pay gap no one explains, discipline that falls harder on some workers, or a grooming rule that targets certain hairstyles. Below, we explain how California law defines race discrimination and racial harassment, the signs that often appear first, and how state protections compare with federal law.
Is racial discrimination in the workplace illegal in California?
Yes. Under Government Code section 12940, an employer generally may not refuse to hire, discharge, or discriminate in pay or other terms and conditions of employment because of race, color, national origin, or ancestry. California law also treats hair texture and protective hairstyles as part of race.
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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…
Key Takeaways
- California’s FEHA covers employers with 5 or more employees (CRD). Federal Title VII covers employers with 15 or more (EEOC).
- Racial harassment rules reach employers with even one employee, and coworkers can be personally liable (Gov. Code 12940(j)).
- Race includes “hair texture and protective hairstyles,” such as braids, locs, and twists (Gov. Code 12926(w), (x)).
- California’s Equal Pay Act bars paying workers less than employees of another race or ethnicity for substantially similar work (Lab. Code 1197.5(b)).
- For many FEHA claims, there are generally three years to begin the process with the Civil Rights Department (CRD).
Is This Your Situation?
- A promotion you earned went to a less qualified coworker of a different race.
- You learned you are paid less than coworkers of another race doing the same kind of work.
- Your employer disciplined you for something others did without consequence.
- A manager called your braids, locs, or natural hair “unprofessional.”
- Jokes or slurs about your race or accent continue after you complained.
What Are the Signs of Racial Discrimination in the Workplace?
Signs of racial discrimination in the workplace usually show up as a pattern. One decision may have an innocent explanation. Several, pointing the same way, can suggest race played a part.
Different discipline for the same conduct
Compare how others were treated for similar mistakes. A write-up for you and a warning for a coworker of another race, for the same issue, is worth tracking.
Unequal pay
California’s Equal Pay Act says an employer “shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work” (Labor Code section 1197.5(b)). The employer can defend a gap only with specific factors, such as seniority, merit, or production, and “prior salary shall not justify any disparity in compensation.” Talking about pay with coworkers is often how a gap comes to light. Learn whether the law protects that in can you discuss wages with coworkers.
Grooming and hair rules
Under Government Code section 12926(w), “Race” is inclusive of traits associated with race, “including, but not limited to, hair texture and protective hairstyles.” Subdivision (x) lists braids, locs, and twists as examples. A rule that bans these styles can be race discrimination.
Opportunities that go to one group
Watch who gets promotions, training, key clients, and high-visibility projects. Favoring one employee is not always illegal, but it can become discrimination when the pattern tracks race. Our article on when favoritism becomes illegal discrimination explains the difference.
Neutral rules that hit one group harder
Discrimination does not always require intent. The EEOC states that a policy “that applies to everyone, regardless of race or color, can be illegal” if it has a negative impact on people of a particular race or color and is not job-related and necessary to the business (EEOC).
Examples of Racial Discrimination in the Workplace
The examples below show how racial discrimination in the workplace can look in practice. Each one depends on the facts, so treat the table as a guide to what may be worth a closer look.
| What happens | When it may be illegal | Source |
|---|---|---|
| A coworker of another race is paid more for substantially similar work | When seniority, merit, production, or another bona fide factor does not explain the gap | Lab. Code 1197.5(b) |
| A dress code bans braids, locs, or twists | When it targets hair texture or protective hairstyles associated with race | Gov. Code 12926(w), (x) |
| Racist jokes or comments from coworkers or supervisors | When the conduct creates a hostile work environment, judged by “the totality of the circumstances” | Gov. Code 12923(c) |
| A rule that bars speaking any language other than English | When there is no business necessity, or employees were not told when it applies | Gov. Code 12951 |
| Write-ups or schedule cuts right after a race complaint | When the actions are retaliation for opposing discrimination | Gov. Code 12940(h) |
If several of these apply to you, an employment attorney can evaluate whether the pattern may support a claim.
How Do You Prove Racial Discrimination at Work?
Most employees prove racial discrimination with circumstantial evidence, because employers rarely state a racist motive. In Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, the California Supreme Court described the usual test. An employee generally must first show four things:
- Membership in a protected group, such as a racial group.
- Being qualified for the job or “performing competently in the position.”
- An adverse action, “such as termination, demotion, or denial of an available job.”
- “Some other circumstance suggests discriminatory motive.”
The employer must then give “a legitimate, nondiscriminatory reason.” After that, the employee may show the reason is a pretext. In practice, that fourth element and the pretext step often turn on the same evidence:
- Coworkers of another race who did the same thing and were treated better.
- Timing, such as discipline that starts soon after a complaint about race.
- Racist remarks by decision-makers or others. California treats them as evidence even outside a hiring or firing decision (Gov. Code 12923(c)).
- Reasons that change over time or do not match your reviews. Current and former employees may request their personnel records, and the employer must produce them “not later than 30 calendar days” after a written request (Lab. Code 1198.5).
An employment attorney can evaluate which of these facts are present and how strong they are.
When Is Racial Harassment at Work Illegal?
Racial harassment at work is illegal in more situations under California law than under federal law. FEHA makes it unlawful for an employer “or any other person” to harass an employee because of race (Gov. Code 12940(j)(1)). For harassment, “employer” means any person “regularly employing one or more persons” (12940(j)(4)(A)), so even very small businesses are covered.
California also sets out how courts should judge harassment. Under Government Code section 12923(c), a hostile work environment “depends upon the totality of the circumstances.” A racist remark can count as evidence even if it was not made during a hiring or firing decision. The same section states that harassment cases “are rarely appropriate for disposition on summary judgment,” which means many of them go to a jury rather than being thrown out early.
Under federal law, the EEOC says harassment is illegal “when it is so frequent or severe that it creates a hostile or offensive work environment,” or when it leads to an adverse decision like a firing (EEOC). Read more about what a hostile work environment is and the difference between harassment and bullying.
Employers also have a duty to act. FEHA makes it unlawful “to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring” (Gov. Code 12940(k)).
California Law vs. Federal Law on Race Discrimination
| California FEHA | Federal Title VII | |
|---|---|---|
| Employers covered for discrimination | 5 or more employees (CRD) | 15 or more employees (EEOC) |
| Employers covered for harassment | 1 or more employees (Gov. Code 12940(j)(4)(A)) | 15 or more employees (EEOC) |
| Hair texture and protective hairstyles | Expressly part of race (Gov. Code 12926(w)) | The EEOC covers traits associated with race, such as hair texture (EEOC) |
Our article on legal protections against discrimination at work covers the other traits FEHA protects. If age is also part of what happened, see the signs of age discrimination and our age discrimination lawyers in Los Angeles.
Can My Employer Retaliate If I Complain?
No. FEHA makes it unlawful to discharge or otherwise discriminate against a person “because the person has opposed any practices forbidden under this part” or filed a complaint (Gov. Code 12940(h)). See what counts as retaliation under California law.
What to Consider If You Experience Racial Discrimination
- Consider writing down what happened, with dates, words used, who was involved, and who saw it. Our article on what to document about workplace misconduct explains what helps.
- Keep documents you are lawfully entitled to keep, such as your pay stubs, reviews, and messages sent to you. Do not take confidential company files.
- Consider reporting the problem in writing. If appropriate, describe accurately what occurred and why you believe race played a part. See how a workplace harassment complaint works.
- Watch for changes after you report, such as new write-ups, cut hours, or exclusion. Consider speaking with an employment attorney if that happens.
What Can You Recover?
Under California law, the Civil Rights Department lists “Back pay (past lost earnings),” “Damages for emotional distress,” and “Punitive damages.” It also lists future lost earnings, reinstatement, and attorney’s fees and costs (CRD). Unequal pay claims under the Equal Pay Act have their own remedies and timing (Labor Code section 1197.5).
How Long Do I Have to File a Racial Discrimination Claim?
Different employment claims can have different filing deadlines. For many FEHA discrimination and harassment claims, a complaint generally “must be filed within three years” of the discriminatory act (CRD). An Equal Pay Act claim generally “may be commenced no later than three years after the last date the cause of action occurs” (Lab. Code 1197.5(i)). Federal claims follow different rules. If your job ended, see when a firing is illegal. An employment attorney can evaluate which deadlines apply to your situation.
Frequently Asked Questions About Racial Discrimination in the Workplace
Can a single racist comment be enough for a harassment claim?
Possibly. Under Gov. Code 12923(b), “a single incident of harassing conduct is sufficient to create a triable issue” when it has unreasonably interfered with the employee’s work performance or created an intimidating, hostile, or offensive working environment. Whether one incident qualifies depends on what happened.
Can a coworker be personally liable for racial harassment?
Yes. Under Gov. Code 12940(j)(3), an employee who harasses a coworker is personally liable “regardless of whether the employer or covered entity knows” about the conduct. An employment attorney can evaluate who may be responsible in your case.
Is my employer responsible if a customer makes racist comments?
It can be. Under Gov. Code 12940(j)(1), “an employer may also be responsible for the acts of nonemployees” who harass workers. That applies when the employer knew or should have known and failed to take “immediate and appropriate corrective action.” The employer’s control over the customer is also considered.
What if I am treated badly because people think I am a certain race?
You are still protected. California’s definition covers “a perception that the person has any of those characteristics.” It also covers being associated with a person who has, or is perceived to have, them (Gov. Code 12926(o)). The law can therefore cover mistreatment because of a spouse’s or friend’s race.
Can someone of my own race discriminate against me?
Yes. The EEOC states that “discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color” (EEOC). California lists race and color as separate protected traits, so treatment based on skin tone within the same race can also be covered (Gov. Code 12940(a)).
Can an AI hiring tool discriminate based on race?
It can, and California regulates it. Civil Rights Council regulations that took effect October 1, 2025 state that an automated-decision system “may violate California law if it harms applicants or employees” based on protected traits such as race. Employers must keep that data for “a minimum of four years” (CRD).
Can my employer have an English-only rule?
Only in limited cases. Under Gov. Code 12951, a rule that limits any language at work is unlawful unless it “is justified by a business necessity” and the employer told employees when it applies and the consequences. Learn more about immigration status and workplace rights in California.
Can my employer stop me from discussing pay with coworkers?
No. Under Lab. Code 1197.5(k), an employer “shall not prohibit an employee from disclosing the employee’s own wages.” The same rule protects discussing the wages of others and asking about another employee’s wages.
Do large employers report pay by race to the state?
Yes. Under Government Code section 12999, private employers with 100 or more payroll employees file pay data reports with the Civil Rights Department. The reports group employees by “race/ethnicity, sex, job category, pay band, exemption status, and employment type” (CRD pay data FAQ).
When to Talk to an Employment Lawyer About Racial Discrimination
If you were fired, demoted, paid less, disciplined more harshly, or harassed and you believe race played a part, consider speaking with a California employment lawyer. An attorney can compare how you were treated with how others were treated. They can also explain your options and the deadlines that apply. Learn more about our racial discrimination practice.
At Abramson Labor Group, we represent California employees facing racial discrimination. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.
Last updated: October 26, 2026
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.