November 20, 2025 Table of Contents
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.
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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…
Employers rarely announce discrimination. More often, it shows up as a pattern. These are common warning signs:
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 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, color | Racial discrimination claims |
| Ancestry, national origin | Covered in this article |
| Religion, creed | Religious discrimination at work |
| Age (40 and over) | Age discrimination claims |
| Disability, mental and physical | Disability discrimination claims |
| Sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions) | Gender discrimination claims |
| Sexual orientation | Covered in this article |
| Gender identity, gender expression | Covered in this article |
| Medical condition | Covered in this article |
| Genetic information | Covered in this article |
| Marital status | Covered in this article |
| Military or veteran status | Covered in this article |
| Reproductive health decision-making | Covered 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.
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.
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.
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.
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.
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.
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.
These three claims often appear together, but the law treats them differently. Knowing which one applies helps you understand your options.
| Discrimination | Harassment | Retaliation | |
|---|---|---|---|
| What it is | A job decision, such as pay, promotion, or firing, based on a protected trait | Unwelcome conduct, such as slurs or mockery, based on a protected trait | Punishment for opposing discrimination or filing a complaint |
| Law | § 12940(a) | § 12940(j)(1) | § 12940(h) |
| Employers covered | 5 or more employees | All employers, any size | Varies 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.
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.
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.
| Step | General deadline | Source |
|---|---|---|
| Submit an intake form to the CRD | 3 years from the date you were last harmed | CRD complaint process |
| File a lawsuit after a CRD right-to-sue notice | 1 year from the date of the notice | CRD right-to-sue instructions |
| File a federal charge with the EEOC in California | 300 calendar days from the discrimination | EEOC 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.
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.
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.
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.
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.
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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