California’s Fair Employment and Housing Act (FEHA) protects employees from discrimination in hiring, promotion, pay, discipline, and termination based on protected characteristics. At Seligson Law, we represent workers across California who have faced discrimination in all its forms.
Our team, led by experienced employment lawyer, Ken Seligson, understands how deeply unfair treatment can impact your career, income, and emotional well-being. California law offers some of the strongest workplace protections in the nation, but standing up for those rights often requires taking swift, informed action.
What Counts as Workplace Discrimination?
Under the Fair Employment and Housing Act (FEHA), it is illegal for an employer to treat you unfairly because of;
- Race
- Gender
- Age (40 and over)
- Religion
- Disability
- Sexual orientation
- National origin
- Other protected status
Employers are also prohibited from retaliating against workers who assert their rights, such as filing a complaint or participating in an investigation.
Discrimination in the workplace can take many forms. It may involve being passed over for promotions, receiving lower pay than coworkers in similar roles, being disciplined more harshly than others, or being excluded from meetings or job opportunities. Sometimes, discrimination is subtle and may involve patterns of unequal treatment rather than a single event.
Recent Developments in California Employment Law
California continues to strengthen workplace protections. For example:
- Senate Bill 497 (Equal Pay and Anti-Retaliation Protection Act) makes it easier for employees to prove retaliation.
- Senate Bill 1137 (if enacted) would recognize “intersectionality,” acknowledging the combined effects of discrimination based on multiple protected traits.
- Senate Bill 553 addresses workplace violence prevention, recognizing that protected classes may also face heightened risks of physical harm.
Consulting an employment lawyer is the most effective way to understand how these changes may impact your rights. A lawyer can explain new protections, evaluate your situation under current law, and help you take timely action if you’ve experienced discrimination or retaliation.
How to File a Discrimination Claim in California
You do not need to be fired to have a valid discrimination claim. If your employer made decisions based on your protected status, you may still have a case. To bring a discrimination claim, you generally must file a complaint with the California Civil Rights Department (formerly the Department of Fair Employment and Housing) before pursuing a lawsuit.
An experienced employment lawyer can help guide you through this process and protect your rights. When preparing to file, it’s important to take the following steps:
1. Document Everything
Write down every instance of discrimination in as much detail as possible, including dates, times, locations, and what was said or done. A detailed timeline helps establish a pattern of behavior and can be powerful evidence during the CRD investigation or in court.
2. Gather Evidence
Collect and preserve any materials that support your claim, such as emails, text messages, voicemails, photographs, performance reviews, or company policies that were violated. The more tangible proof you have, the harder it is for an employer to dispute your claims.
3. Identify Witnesses
If coworkers, clients, or others witnessed the discriminatory conduct or can confirm your account, write down their names and contact information. Witness statements can corroborate your version of events and show that the discrimination wasn’t just a misunderstanding or isolated incident.
4. Consult an Employment Lawyer Early
Employment discrimination cases involve strict legal deadlines, procedural rules, and burdens of proof. By contacting a lawyer early, you can ensure your complaint is filed correctly, evidence is preserved, and your case is presented as strongly as possible. A lawyer can also represent you in communications with the CRD, negotiate for a settlement, and take your case to court if needed.
Compensation and Remedies You May Receive
If your claim is successful, possible remedies include:
- Back pay for lost wages and benefits
- Reinstatement to your former position
- Compensation for emotional distress
- Punitive damages for egregious conduct
- Reasonable accommodations (for disability or pregnancy-related needs)
- Court orders requiring workplace policy changes
- Attorney’s fees and litigation costs
Contact Our Employment Lawyers at Seligson Law Today
If you believe you have been treated unfairly at work because of who you are, you may be entitled to compensation for lost wages, emotional distress, and other damages. Our firm represents workers across California who have faced discrimination in all forms.
Schedule a free consultation with our California employment lawyers today at 213-293-6692 or email intake@seligsonlaw.com.
FAQs
1. How long do I have to file a workplace discrimination claim in California?
You generally have three years from the date of the most recent discriminatory act to file with the California Civil Rights Department (CRD). A lawyer can help you track deadlines and ensure your complaint is filed correctly and on time.
2. What counts as discrimination under California law?
Discrimination occurs when an employer treats you unfairly because of a protected characteristic such as race, gender, age (40+), disability, religion, sexual orientation, or national origin. A lawyer can evaluate your situation to determine if it meets the legal definition.
3, Do I need to report discrimination to my employer first?
In many cases, yes. Filing an internal complaint creates a record that can support your claim later. A lawyer can guide you on how to report the issue while protecting your rights.
4. Can I file a discrimination claim if I wasn’t fired?
Yes. Discrimination can include denied promotions, pay cuts, poor assignments, or other negative actions. A lawyer can help you document these impacts and pursue compensation.
5. What compensation can I get if my claim is successful?
You may be entitled to lost wages, emotional distress damages, reinstatement, policy changes, or attorney’s fees. A lawyer can negotiate for the full range of remedies available under the law.
6. How can an employment lawyer help with my discrimination case?
A lawyer can investigate your claims, gather evidence, interview witnesses, represent you before the CRD, and take your case to court if necessary, maximizing your chances of a favorable outcome.
