Workplace Discrimination Attorney in Los Angeles, CA
FEHA prohibits employment discrimination based on race, color, national origin, ancestry, religion, sex, gender, gender identity and expression, sexual orientation, age (40 and over), physical or mental disability, medical condition, genetic information, marital status, and military or veteran status, among other categories. Discrimination can show up in hiring, firing, pay, promotion, discipline, job assignments, or the terms and conditions of employment generally — and it rarely comes with an explicit admission; it is usually proven through patterns, comparisons to how similarly situated employees were treated, and suspicious timing.
Key Points
- FEHA applies to employers with 5 or more employees — broader coverage than many federal discrimination statutes
- Disparate treatment (different rules for different people) and disparate impact (a neutral policy that disproportionately harms a protected group) are both recognized theories
- An employer's stated reason doesn't have to be absent to prove discrimination — showing the protected characteristic was a substantial motivating factor can be enough
- Common protected categories include disability, gender, marital status, race, religion, and medical leave status — each with its own evidentiary patterns
Considerations
- A discrimination claim generally must go through the California Civil Rights Department (CRD) before a lawsuit can be filed — there is a specific administrative process and deadline, not just a direct court filing
- Comparator evidence (how the employer treated other employees outside the protected group in similar situations) is often central to proving the case
- Discrimination and retaliation frequently overlap — reporting discrimination and then facing consequences can support two separate claims
California Law Note
As of 2020, FEHA complaints must generally be filed with the California Civil Rights Department within three years of the discriminatory act, a significant expansion from the one-year deadline that applied before — but a right-to-sue notice is still required before filing in court, so the administrative step cannot be skipped.
Related Questions
What counts as a protected characteristic under California law?
California's Fair Employment and Housing Act (FEHA) covers race, color, national origin, ancestry, religion, sex, gender, gender identity and expression, sexual orientation, age (40 and over), physical or mental disability, medical condition, genetic information, marital status, and military or veteran status, among other categories — a notably broader list than many federal discrimination laws.
View this answer on its own page →How long do I have to file a discrimination or harassment claim in California?
As of 2020, you generally have three years from the discriminatory or harassing act to file a complaint with the California Civil Rights Department (CRD) — a significant extension from the one-year deadline that applied before. A right-to-sue notice from the CRD is generally required before filing a lawsuit in court, so this administrative step should not be skipped or delayed.
View this answer on its own page →See more detail on our main site: Workplace Discrimination →
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