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California Workplace Discrimination Laws

California Workplace Discrimination Laws

By Her Lawyer on April 11th, 2022

What You Need to Know About California Workplace Discrimination Laws

If you believe you have suffered from workplace discrimination in California, employees should understand their rights as an employee. Here’s everything you need to know about California workplace discrimination laws.

Workplace discrimination is illegal and punishable in court. The California Fair Employment Housing Act and the Department of Fair Employment and Housing both explain and enforce the prohibition of workplace discrimination in California.

The California Fair Employment Housing Act (FEHA)

The California Fair Employment and Housing Act (FEHA) makes workplace discrimination illegal on the following bases:

  • Race,
  • Religion,
  • Creed
  • Ancestry,
  • National origin
  • Age (40 and over)
  • Disability, physical or mental
  • Medical condition
  • Genetic information
  • Marital status
  • Sex, gender
  • Sexual orientation
  • Gender identity
  • Gender expression
  • Military or veteran status

Workplace discrimination on the above bases is illegal in all business practices, including advertisements, interviews, hiring, and working conditions.

However, caveats apply for businesses depending on certain factors:

FEHA does not apply to employers with fewer than five employees regarding hiring practices.
FEHA protects employees, applicants, unpaid interns, volunteers, and contractors from employer harassment based on one of the above categories.

Related: Maternity Leave Laws in California

The Department of Fair Employment and Housing (DFEH)

The Department of Fair Employment and Housing (DFEH) is the California body-protecting employees from other areas of workplace discrimination.

DFEH enforces the California Family Rights Act (CFRA) is the California law protecting employees’ right to time off from work due to family, medical, and pregnancy disability leave. CFRA guarantees California employees 12 weeks of time off from work if they meet specific requirements, including working for an employer with five or more employees. California employers must provide time off and cannot discriminate against employees for seeking approved time off.

DFEH enforces employers to provide sexual harassment training for supervisory and non-supervisory employees to complete. If employers do not provide such training, employees can directly submit their concerns or complaints to DFEH.

DFEH handles all workplace discrimination complaints. To file a workplace discrimination complaint, employees can do so online on the Cal Civil Rights System (CCRS), by mail with a printable intake form, or by contacting DFEH directly.

Steps to file a workplace discrimination complaint include:

If an employee wants DFEH to investigate the case, they must provide specific facts about the discrimination and provide all documents or evidence related to the case. DFEH will evaluate the information and determine if the employer violated specific laws the DFEH enforces. If the DFEH rejects a claim, the rejection does not automatically favor the employer. However, the DFEH can only accept claims in violation of the specific laws they enforce.

If an employee would rather avoid using DFEH and directly sue the employer themself, they need to obtain and complete the Right-to-Sue Notice form.

Related: California Employment Laws: Your Rights

FAQs About California Workplace Discrimination Laws

Does the FEHA apply to private employers?

FEHA applies to private and public employers, labor organizations, and employment agencies.

Can DFEH file a lawsuit against an employer?

DFEH can file a lawsuit against an employer. If an employee files a discrimination claim to DFEH, it will investigate the claim. If DFEH deems the employer culpable, it will pursue mediation between the employer and the employee. If the mediation cannot settle the case, the DFEH may file a lawsuit with the court.

Contact Us

If you or a loved one would like to learn more about California Workplace Discrimination Laws, get your free consultation with one of our Employment Attorneys in California today.