Workplace discrimination is an injustice no employee should have to endure. California has some of the most robust protections in the nation, ensuring workers are safeguarded against any unfair treatment based on protected characteristics. If you believe you’ve been a victim of workplace discrimination, it’s important to arm yourself with knowledge and legal options. At the Law Offices of Todd M. Friedman, P.C., we are here to help you fight back and seek justice.
This guide explores the key workplace discrimination laws in California, providing examples and resources so you can better understand your rights and take action.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employee is treated unfairly or unequally based on specific protected characteristics. It could manifest as wrongful termination, lack of promotion, reduced hours, wage cuts, harassment, or failure to hire.
The state of California, through its comprehensive workplace protection laws, stands ready to defend employees from such injustices.
Key Laws Protecting Employees in California
California’s workplace discrimination laws go far beyond federal protections, ensuring diverse and robust safeguards for employees.
1. The Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA) is California’s most powerful state law combating workplace discrimination. Under FEHA (Cal. Gov. Code § 12900 et seq.), it is illegal for employers with five or more employees to discriminate based on the following protected characteristics:
- Race, Color, Ancestry, and National Origin
- Gender Identity and Gender Expression
- Sexual Orientation
- Disability, Pregnancy, and Medical Conditions
- Age (for individuals 40 or older)
- Marital Status, Religion, and Politics
- Military or Veteran Status
- Victim of Domestic Violence, Assault, or Stalking
Employers are also required to make reasonable accommodations for employees with disabilities or religious beliefs under this statute.
Case Example: Majo v. Sony Interactive Entertainment LLC
This case highlighted disability discrimination under FEHA. The court emphasized that employers must provide reasonable accommodations for workers and cannot retaliate when employees assert those rights.
2. The California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) (Cal. Gov. Code § 12945.2) requires employers with five or more employees to provide up to 12 weeks of unpaid, job-protected leave for:
- Family and medical reasons
- Childbirth or caregiving
- Recovery from personal medical conditions
This law ensures that employees can care for their loved ones without fear of losing their jobs. Violations of CFRA often fall under workplace discrimination.
3. The Department of Fair Employment and Housing (DFEH)
The Department of Fair Employment and Housing (DFEH)—now known as the Civil Rights Department (CRD)—enforces California’s anti-discrimination laws. Employees who experience discrimination can file complaints with the CRD to launch investigations and seek remediation.
Filing a complaint with the CRD (formerly DFEH) can be a critical first step when considering legal action.
Why California Laws Are Stronger than Federal Protections
While federal laws like the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) offer protections, California’s FEHA and CFRA provide broader protections. For example:
- FEHA protects more classes, such as gender identity, expression, and political affiliation, which are not explicitly listed under federal law.
- California investigates complaints through its state agency, often providing quicker resolutions compared to federal entities like the Equal Employment Opportunity Commission (EEOC).
Case Example: Owen Diaz v. Tesla
This pivotal racial discrimination case, decided under California’s anti-discrimination laws, led to a significant award for the plaintiff. It underlined the importance of holding employers accountable for creating and maintaining a discrimination-free workplace.
What Constitutes Unlawful Workplace Behavior?
Under California law, the following practices are unlawful if they are based on a protected characteristic:
- Refusal to hire
- Termination
- Demotion
- Denial of equal pay or promotions
- Harassment, including creating a hostile work environment
Additionally, “retaliation” is prohibited. Employers cannot punish someone for filing a complaint, testifying, or standing up against discriminatory practices.
Case Example: EEOC v. Activision Blizzard, Inc., et al (Case Number 22-55060)
This case showed how a hostile work environment, including gender harassment, could lead to significant consequences for an employer under both state and federal law.
Steps to Take If You’re a Victim of Discrimination
Being discriminated against can be an isolating and overwhelming experience, but you have rights and resources to fight back.
1. Document Everything
Keep records of discriminatory practices, including emails, incidents, performance reviews, and witness statements. This documentation can strengthen your case.
2. File a Complaint with the CRD
Filing a complaint with the Civil Rights Department (CRD) is a crucial step. The CRD will investigate and may even pursue legal action on your behalf.
3. Seek Legal Advice
Discrimination laws are complex. An experienced employment attorney, like Todd M. Friedman, can evaluate your case, help you understand your rights, and provide aggressive representation to fight for fair outcomes.
4. Know Your Timeline
Act quickly, as the CRD complaint process has specific deadlines:
- Generally, you must file a complaint within one year of the discriminatory act.
Case Example: Curley v. Google LLC
This case highlighted the importance of timely filing and organized documentation when pursuing legal action under California’s workplace discrimination statutes.
Why Choose the Law Offices of Todd M. Friedman, P.C.
At the Law Offices of Todd M. Friedman, P.C., we take a stand for employees who’ve been wronged by their employers. With more than 20 years of expertise in employment law, we’ve recovered millions for workers who’ve suffered from discrimination, harassment, and retaliation.
- Aggressive Advocacy: We don’t back down until justice is served.
- Expert Representation: We know California’s employment laws inside and out.
- You Are Not Alone: We will walk this path with you every step of the way.
If you’ve been a victim of workplace discrimination, don’t wait. Speak to an experienced employment attorney today.
[Get Your Free Case Review Now](https://www.toddflaw.com)
FAQs
How do I prove workplace discrimination?
Proving discrimination involves documenting incidents, gathering witness statements, and showing patterns of unfair treatment. An employment attorney can help build a strong case using evidence and legal analysis.
What damages can I recover from a discrimination case?
Employees may recover:
- Back pay and future wages
- Emotional distress damages
- Punitive damages for willful misconduct
- Legal fees and expenses
Can my employer retaliate if I file a complaint?
No. Retaliation is strictly prohibited under FEHA and CRD regulations. If you face retaliation, you may file an additional complaint.
Workplace discrimination should never prevent you from thriving. At the Law Offices of Todd M. Friedman, P.C., we are here to fight for your rights and restore your dignity. Contact us today to take the first step toward justice.