What Is Workplace Discrimination Under California Law?
Workplace discrimination occurs when an employer treats an employee or job applicant unfavorably because of their protected characteristics under California’s Fair Employment and Housing Act (FEHA). Unlike general unfair treatment, legal discrimination must be based on specific protected classes defined by state and federal law.
California provides broader protections than federal law, covering employers with 5 or more employees compared to the federal threshold of 15. Todd M. Friedman, a Los Angeles employment attorney with consecutive Super Lawyer recognition, has recovered nearly $1 billion for clients facing discrimination claims across Southern California.
Protected Classes Under California FEHA
California law prohibits discrimination based on:
- Race and color – Including traits historically associated with race like hairstyles
- National origin and ancestry – Including language requirements not essential to job duties
- Religion and creed – Requiring reasonable accommodation for religious practices
- Age (40 and older) – Protecting older workers from age-based bias
- Sex and gender – Including pregnancy, childbirth, and related conditions
- Gender identity and expression – Protections for transgender and non-binary employees
- Sexual orientation – Covering gay, lesbian, bisexual, and heterosexual employees
- Disability (physical and mental) – Requiring reasonable accommodations
- Genetic information – Including family medical history
- Marital status – Protection regardless of marriage, divorce, or partnership
- Military and veteran status – Protection for service members
- Medical condition – Including cancer diagnoses and genetic characteristics
What Does Discrimination Actually Look Like?
Discrimination manifests in various employment decisions and workplace treatment:
Hiring and Firing A qualified applicant rejected because of their accent constitutes national origin discrimination. An employee terminated shortly after disclosing a pregnancy may have grounds for sex discrimination claims. Todd Friedman’s firm has successfully represented employees in wrongful termination cases where protected characteristics were the motivating factor.
Compensation and Promotion Paying employees of one gender less than another for substantially similar work violates California’s Equal Pay Act. Repeatedly passing over qualified employees of a specific race for promotions while advancing less qualified candidates creates a pattern of discriminatory conduct.
Harassment and Hostile Work Environment While harassment and discrimination are distinct legal claims, severe or pervasive harassment based on protected characteristics creates an unlawful hostile work environment. This includes offensive jokes, slurs, inappropriate touching, or degrading comments about someone’s protected status.
Retaliation for Complaints California law prohibits retaliation against employees who oppose discriminatory practices or participate in discrimination investigations. Demotion, shift changes, or termination following a discrimination complaint may constitute illegal retaliation.
How California Discrimination Law Differs from Federal Law
California’s FEHA provides stronger protections than federal Title VII in several ways:
Lower employer threshold – FEHA covers employers with 5+ employees versus 15 under federal law
Broader protected classes – California includes marital status, military status, and medical condition not covered federally
Longer filing deadlines – Employees have 3 years to file DFEH complaints versus 180-300 days for EEOC charges
Higher damage caps – FEHA allows unlimited compensatory and punitive damages while federal law caps damages based on employer size
According to the California Department of Fair Employment and Housing, discrimination charges have increased 23% since 2020, with the highest growth in disability and age-based claims.
What Workplace Issues Are NOT Discrimination?
Not all unfair treatment qualifies as illegal discrimination:
General rudeness or favoritism – Without connection to protected characteristics, personality conflicts don’t create legal claims
Performance-based decisions – Legitimate performance issues documented through progressive discipline typically don’t constitute discrimination
Business necessity decisions – Job requirements genuinely necessary for business operations, even if they disproportionately affect certain groups, may be lawful
At-will employment terminations – California’s at-will employment doctrine allows termination for any legal reason or no reason, as long as it’s not discriminatory
Does Intent Matter in Discrimination Cases?
California discrimination law focuses on disparate treatment (intentional discrimination) and disparate impact (policies that disproportionately harm protected groups regardless of intent). Employees don’t need to prove their employer harbored discriminatory animus—they must show protected characteristics were a substantial motivating factor in adverse employment actions.
The “mixed motive” doctrine recognizes that multiple factors may influence employment decisions. Even when legitimate business reasons exist, if discrimination was a motivating factor, the employer may still be liable.
Key Takeaways
- California FEHA protects 19+ characteristics, covering more employees with broader protections than federal law
- Discrimination includes hiring, firing, compensation, promotion, and workplace treatment decisions based on protected status
- Employees don’t need to prove malicious intent—only that protected characteristics substantially motivated adverse actions
- Retaliation for complaining about discrimination is independently unlawful under California law
- Not all unfair workplace treatment constitutes illegal discrimination under employment law
Experienced legal representation matters. Todd M. Friedman holds an AV Preeminent rating from Martindale-Hubbell and has been recognized as a Super Lawyer consecutively. His Los Angeles employment law firm represents discrimination victims throughout Southern California. Contact us for a free consultation about your workplace discrimination concerns.
