Workplace Discrimination Attorneys in Saratoga, CA

Workplace discrimination in California occurs when an employer takes an adverse employment action, such as firing, demoting, refusing to hire, or denying a promotion, because of a protected characteristic. Under the California Fair Employment and Housing Act (FEHA), protected characteristics include race, color, national origin, ancestry, religion, sex, gender identity, sexual orientation, age (40 and over), disability, medical condition, pregnancy, marital status, and military or veteran status. California's FEHA protections are broader than federal law and apply to employers with 5 or more employees.

You are not required to report discrimination to HR before filing a complaint with a government agency or pursuing legal action. However, reporting internally can strengthen your case by documenting your employer's response (or lack thereof). More importantly, before filing a civil lawsuit under FEHA, you must first file a complaint with the California Civil Rights Department (CRD) and obtain a right-to-sue notice.

In California, you have three years from the date of the discriminatory act to file a complaint with the Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH). This deadline applies to FEHA claims including discrimination, harassment, and retaliation. If you intend to file a federal claim with the EEOC instead, the deadline is 300 days. Missing these deadlines generally bars your claim, which is why it is critical to contact an employment attorney as soon as possible after a discriminatory act.

In a successful California workplace discrimination case under FEHA, you may recover lost wages and benefits (back pay from the date of the adverse action), future lost earnings (front pay), emotional distress damages, and attorney's fees. In cases of malice, oppression, or fraud by the employer, punitive damages may also be available. There is no cap on compensatory or punitive damages under FEHA, unlike federal Title VII, which caps damages based on employer size. The total value of a case depends on your salary, the duration of the harm, and the strength of the evidence.

No, discrimination based on accent or national origin is illegal in California under FEHA. An employer cannot demote, refuse to hire, or take any adverse action against an employee because of how they speak, where they are from, or their ancestry. The only limited exception is if a specific language or accent requirement is a genuine, documented business necessity for the job. Even then, the policy must be narrowly tailored. If you were passed over for a promotion or terminated because of your accent or national origin, you may have a viable discrimination claim under California law.

Sometimes, and not in the way most people assume. California's discrimination protections generally apply to employers with five or more employees. Other protections, including those covering harassment and retaliation, can reach smaller employers, and the threshold is not the same for every kind of claim. If you work for a small company and you have been told that the law does not apply to your employer, that is worth checking rather than accepting. We will tell you in a free consultation whether your employer is covered for the specific claim you have.