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CALIFORNIA · WORKPLACE DISCRIMINATION LAW

Were you discriminated against at work in California?

The Fair Employment and Housing Act may protect employees from workplace discrimination and retaliation. Deadlines, filing routes, and available remedies depend on what happened and which law applies.

You can request a review even if you are not sure whether the conduct legally qualifies, never reported it to HR, or still work for the employer.

Updated August 2026

THIS MAY INCLUDE
  • Harassment or different treatment tied to race, sex, age, disability, pregnancy, religion, national origin, or another protected trait
  • Being passed over, disciplined, or fired for a protected reason
  • A denied accommodation or protected leave issue
  • Retaliation after reporting discrimination

California's Fair Employment and Housing Act (FEHA) prohibits workplace discrimination and harassment because of race, national origin, disability, age (40+), religion, sex, sexual orientation, and gender identity. Harassment is covered at employers of ANY size; discrimination claims need 5+ employees. Workers have 3 years to file with the Civil Rights Department, and state-law damages are not subject to the federal Title VII cap schedule.

California at a glance.

Statute
Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940 et seq.
Harassment covered at
1 or more employees (Gov. Code § 12940(j)).
More detailThe Civil Rights Department applies harassment protection in all workplaces, even those with fewer than five employees, and it also covers applicants, unpaid interns, volunteers, and contractors.
Discrimination covered at
5+ employees for discrimination (Gov. Code § 12926(d))
State agency deadline
3 years from the unlawful practice to file with CRD (Gov. Code § 12960)
Federal EEOC deadline
300 days (California is a deferral state, CRD is the FEPA)
More detailfor harassment the clock runs from the last incident
After right-to-sue
1 year from CRD right-to-sue notice to file civil action (Gov. Code § 12965)
More detailright-to-sue notice required before filing your own lawsuit
Damages
FEHA does not adopt Title VII's $50,000-$300,000 compensatory-and-punitive cap schedule
More detailavailable remedies depend on the claim and proof
State agency
California Civil Rights Department (CRD)
Primary source, Cal. Gov. Code § 12940 et seq. ↗

What may be available under the Fair Employment and Housing Act.

  • FEHA does not adopt Title VII's $50,000-$300,000 compensatory-and-punitive cap schedule; available remedies depend on the claim and proof
  • Back pay and front pay
  • Hiring / reinstatement / promotion
  • Out-of-pocket expenses
  • Emotional distress damages
  • Punitive damages
  • Attorney's fees and costs including expert witness fees (Gov. Code § 12965; prevailing defendants recover only if action was frivolous)
SPECIAL PROVISIONS WORTH KNOWING
  • Harassment covered at ALL employer sizes (1+) including for contractors, interns, volunteers (§ 12940(j))
  • Employer liable for nonemployee (customer/client) harassment where it knew or should have known and failed to act
  • Statute current through SB 1100 (Stats. 2024, Ch. 877, eff. Jan. 1, 2025); SB 477 tolling changes eff. Jan. 1, 2026

Discrimination by protected ground in California.

Coverage thresholds and deadlines differ by ground. Each one below is a separate claim, and an employer can violate more than one at once.

Race & national origin1+ (harassment) / 5+ (discrimination) · 3 years · CRD

Race and national-origin discrimination and harassment violate FEHA. Harassment is covered at employers of any size; discrimination claims need five or more employees. You have three years to file with the Civil Rights Department, and FEHA caps no damages. English-only rules not justified by business necessity can be unlawful.

Disability1+ / 5+ · 3 years · CRD

FEHA requires California employers with five or more employees to reasonably accommodate disabilities and to engage in a timely, good-faith interactive process; disability harassment is covered at any size. FEHA's definition of disability is broader than the federal ADA. File within three years; state-law damages are not subject to the federal Title VII cap schedule.

Age (40+)1+ / 5+ · 3 years · CRD

FEHA protects workers 40 and older from age discrimination and harassment, discrimination at five or more employees, harassment at any size. 'Restructuring' that targets older workers, or 'overqualified' comments, can be evidence. You have three years to file with the Civil Rights Department, with no cap on damages.

Religion1+ / 5+ · 3 years · CRD

FEHA requires California employers to reasonably accommodate religious dress, grooming, and observance unless it causes undue hardship, a stronger standard than federal law. Religious harassment is covered at any employer size. File with the Civil Rights Department within three years; remedies are not subject to the federal Title VII cap schedule and can include attorney's fees.

Sexual orientation & gender identity1+ / 5+ · 3 years · CRD

FEHA expressly protects sexual orientation, gender identity, and gender expression, harassment at any employer size, discrimination at five or more. Misgendering, outing, and slurs can create a hostile work environment. You have three years to file with the Civil Rights Department, and state-law damages are not subject to the federal Title VII cap schedule.

Retaliation5+ · 3 years · CRD

FEHA makes it illegal to retaliate against anyone who reports discrimination, requests an accommodation, or participates in an investigation, even if the underlying claim isn't ultimately proven, as long as your complaint was made in good faith. Cut hours, worse assignments, or termination after you complain are classic retaliation. File with the Civil Rights Department within three years.

Where to file in California.

CRD

Los Angeles Office

320 West 4th Street, Suite 1000, 10th Floor
Los Angeles, CA 90013
(800) 884-1684
CRD

Riverside Office

1325 Spruce Street, Suite 320
Riverside, CA 92507
(800) 884-1684

Filing is CENTRALIZED statewide: online via California Civil Rights System (CCRS), phone 800-884-1684, 711 relay, TTY 1-800-700-2320, email contact.center@calcivilrights.ca.gov, or mail to HQ. CRD HQ/mailing is 651 Bannon Street, Suite 200, Sacramento, CA 95811.

File with CRD ↗
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Think you have a California workplace discrimination claim?

Deadlines are shorter than most people expect. Share what happened in about two minutes. The firm will review your submission and contact you about possible options and next steps. There is no cost or obligation to request a review.

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The same conduct can break more than one law.

What happened to you in California may also amount to a separate claim, with its own protections and its own deadlines. Each of these is worth checking before anything lapses.

Common questions.

What's the difference between the harassment and discrimination thresholds in California?

FEHA covers harassment at employers with even one employee, but discrimination claims (like a discriminatory firing or failure to accommodate) require five or more. Both run on the same 3-year filing window with the Civil Rights Department, and neither caps damages.

How long do I have to file a discrimination claim in California?

Three years from the discriminatory act to file with the California Civil Rights Department, one of the longer state-agency windows in the country. After a right-to-sue notice, you have one year to file in court. The federal EEOC window is shorter at 300 days.

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