📋 Understanding FEHA Discrimination Claims

California's Fair Employment and Housing Act (FEHA), codified in Government Code sections 12900-12996, provides the strongest workplace discrimination protections in the nation. FEHA protects significantly more classes than federal law and applies to smaller employers, giving California employees broader rights to pursue discrimination claims.

What is Employment Discrimination?

Employment discrimination occurs when an employer treats an employee or job applicant unfavorably because of a protected characteristic. Under FEHA, this includes discrimination in:

💼 Hiring & Firing

Refusing to hire, terminating, or laying off employees based on protected characteristics

💰 Compensation

Paying employees less or denying benefits based on protected status

📈 Promotion

Denying promotions, training, or advancement opportunities

🚫 Terms & Conditions

Creating hostile work environments or imposing different work conditions

FEHA vs. Federal Law: California Provides Broader Protections

🇺🇸 Federal Law (Title VII)

  • ❌ Applies to employers with 15+ employees
  • ❌ 300 days to file EEOC complaint
  • ❌ Fewer protected classes
  • ❌ Caps on compensatory/punitive damages
  • ❌ No marital status protection
  • ❌ Limited medical condition coverage

🌴 California FEHA

  • ✅ Applies to employers with 5+ employees
  • ✅ 3 years to file CRD complaint
  • ✅ 22+ protected classes
  • ✅ No cap on damages
  • ✅ Marital status protected
  • ✅ Genetic information, reproductive decisions protected

💡 Key Advantage: California's Longer Filing Period

As of January 1, 2020, California extended the deadline to file a discrimination complaint with the Civil Rights Department (CRD, formerly DFEH) from one year to three years from the date of the discriminatory act. This gives you significantly more time than the federal 300-day limit.

⚠ Administrative Exhaustion Required

Before filing a lawsuit in court, you must first file a complaint with the California Civil Rights Department (CRD) and obtain a "right-to-sue" letter. Failing to exhaust administrative remedies will result in your lawsuit being dismissed.

👥 FEHA Protected Classes

California's FEHA protects more characteristics than any other state or federal employment law. Under Government Code Section 12940, it is unlawful for employers to discriminate based on any of the following:

👤 Race
🌎 Color
🌍 National Origin
👪 Ancestry
⚕ Religion/Creed
♀ Sex/Gender
🏳 Gender Identity
💌 Gender Expression
🌈 Sexual Orientation
💍 Marital Status
👶 Age (40+)
♿ Disability (Physical)
🧠 Disability (Mental)
🏥 Medical Condition
🧬 Genetic Information
👯 Military/Veteran Status
🤰 Pregnancy
👶 Childbirth
🤱 Breastfeeding
👫 Reproductive Decisions
🏙 Citizenship Status
🗩 Primary Language

Understanding Key Protected Classes

♿ Disability Discrimination

▼

FEHA defines "disability" more broadly than the federal ADA. A physical or mental disability includes any condition that limits a major life activity. California does not require that the limitation be "substantial" - any limitation suffices. Employers must provide reasonable accommodations and engage in a good-faith interactive process to determine appropriate accommodations.

Key Statute: Government Code Section 12926(j), (m)

🏥 Medical Condition

▼

"Medical condition" under FEHA specifically includes: (1) any health impairment related to or associated with a diagnosis of cancer, and (2) genetic characteristics. This protection extends to a history of cancer, even if the employee is currently in remission.

Key Statute: Government Code Section 12926(i)

👶 Age Discrimination

▼

FEHA protects employees age 40 and older from discrimination. Unlike some interpretations of federal law, California courts have recognized that younger employees within the protected class (e.g., 45-year-olds replaced by 42-year-olds) may still have valid claims if age was a motivating factor.

Key Statute: Government Code Section 12941

🤰 Pregnancy Discrimination

▼

FEHA prohibits discrimination based on pregnancy, childbirth, breastfeeding, or related medical conditions. Employers must provide reasonable accommodations for pregnancy-related conditions and allow pregnancy disability leave of up to four months. This is in addition to CFRA leave rights.

Key Statutes: Government Code Sections 12940, 12945

🌈 Sexual Orientation & Gender Identity

▼

California explicitly protects sexual orientation, gender identity, and gender expression. This includes protection against harassment, discrimination, and failure to use an employee's preferred pronouns. Employers cannot require dress codes that conflict with an employee's gender identity.

Key Statute: Government Code Section 12940(a), 12926(r)

👫 Reproductive Health Decisions

▼

As of January 1, 2024, California law explicitly prohibits discrimination based on an employee's reproductive health decision-making, including decisions about contraception, fertility treatments, and abortion. Employers cannot inquire about or take action based on these personal decisions.

Key Statute: Government Code Section 12940 (as amended by SB 523)

💡 Employer Coverage

FEHA applies to employers with 5 or more employees for most discrimination claims, and to all employers for harassment claims. This is broader than federal Title VII, which only applies to employers with 15+ employees.

📝 Administrative Process & Exhaustion

Before you can file a lawsuit for employment discrimination in California court, you must first exhaust your administrative remedies by filing a complaint with the California Civil Rights Department (CRD) and obtaining a "right-to-sue" letter.

CRD Complaint Timeline

Step 1: File Complaint with CRD

Submit a complaint to the California Civil Rights Department (formerly DFEH) either online, by mail, or in person. Include details of the discrimination, when it occurred, and who was involved.

Deadline: Within 3 years of discriminatory act

Step 2: Choose Your Path

You can either: (a) Request an immediate right-to-sue letter to pursue your case in court, or (b) Request a CRD investigation of your complaint. Most plaintiffs choose option (a) to expedite litigation.

Step 3: Receive Right-to-Sue Letter

If you request an immediate right-to-sue, CRD will issue the letter typically within days. This letter confirms you have exhausted administrative remedies and can now file in court.

Step 4: File Lawsuit in Court

Once you have your right-to-sue letter, you can file a civil lawsuit in California Superior Court. You must file within the statute of limitations period.

Deadline: 1 year from right-to-sue letter OR 3 years from discriminatory act (whichever is later)

Key Statutes for Administrative Exhaustion

📚

Government Code Section 12960

Sets the deadline for filing a complaint with CRD: within three years of the alleged unlawful practice. This extended deadline (from one year) took effect January 1, 2020.

📚

Government Code Section 12965

Governs the right-to-sue process. CRD must issue a right-to-sue letter upon request. Once issued, the complainant may file a civil action in court. This section also provides for attorney fee recovery for prevailing plaintiffs.

📚

Government Code Section 12965(c)(1)(C)

Establishes that civil actions must be filed within one year of the right-to-sue letter. However, this is extended if the three-year statute from the discriminatory act has not yet expired.

⚠ Continuing Violations Doctrine

If discrimination is ongoing (a "continuing violation"), the statute of limitations may be extended. Each discriminatory act restarts the clock. However, you must still file within 3 years of the most recent act. Document every incident with dates and details.

Filing Options with CRD

⚡ Immediate Right-to-Sue (Most Common)

Request an immediate right-to-sue letter to bypass CRD investigation and proceed directly to court. Best for cases where you have an attorney and strong evidence.

🔍 CRD Investigation

Request that CRD investigate your complaint. The agency may attempt mediation or issue findings. Can take 6-12+ months but is free.

🇺🇸 Dual Filing (Federal)

You can file with both CRD and EEOC simultaneously due to work-sharing agreements. This preserves both state and federal claims.

💡 CRD Online Filing

The California Civil Rights Department accepts online complaints at calcivilrights.ca.gov. The online system allows you to file complaints, request right-to-sue letters, and track your case status 24/7.

💰 Damages & Remedies

California FEHA provides for extensive damages in employment discrimination cases, with no statutory caps on compensatory or punitive damages. Under Government Code Section 12965, prevailing plaintiffs can recover a wide range of damages.

Damage Type Description
Back Pay Lost wages and benefits from the date of discrimination to the date of judgment. Includes salary, bonuses, commissions, health insurance value, retirement contributions, and other benefits.
Front Pay Future lost earnings when reinstatement is not feasible. Courts consider factors like age, work life expectancy, likelihood of finding comparable employment, and mitigation efforts.
Emotional Distress Compensation for mental anguish, humiliation, anxiety, depression, and loss of enjoyment of life caused by the discrimination. No cap under California law. Can be substantial.
Punitive Damages Available when the employer acted with malice, oppression, or fraud. Designed to punish egregious conduct and deter future violations. Requires "clear and convincing" evidence. No cap in California.
Attorney Fees Government Code 12965(c)(6) provides that prevailing plaintiffs shall recover reasonable attorney fees and costs. This is mandatory, not discretionary.
Reinstatement Court order requiring the employer to restore the employee to their former position or an equivalent position with the same pay and benefits.
Injunctive Relief Court orders requiring the employer to stop discriminatory practices, implement anti-discrimination training, or take other corrective actions.

Attorney Fee Recovery: Government Code 12965

💰

Government Code Section 12965(c)(6)

"In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney's fees and costs, including expert witness fees..."

💡 California Has No Damage Caps

Unlike federal Title VII, which caps compensatory and punitive damages based on employer size ($50,000 to $300,000), California FEHA has no statutory caps. Juries can award millions in emotional distress and punitive damages for egregious discrimination.

Recent California Discrimination Verdicts

💰 Multi-Million Dollar Awards

California juries regularly award $1M+ in discrimination cases. Punitive damage awards of $5M-$50M+ are possible for large employers with egregious conduct.

⚖ Fee-Shifting Advantage

Mandatory attorney fee recovery makes it economically viable for attorneys to take strong discrimination cases on contingency, even for modest wage losses.

📊 Sample Damages Calculation

Example: Wrongful Termination Based on Disability

Annual salary at termination $95,000
Back pay (18 months to trial) $142,500
Lost benefits value (health, 401k) $27,000
Front pay (3 years estimated) $285,000
Emotional distress damages $350,000
Punitive damages (if applicable) $500,000+
POTENTIAL TOTAL DAMAGES $1,304,500+

⚠ Mitigation Requirement

You have a duty to mitigate damages by making reasonable efforts to find comparable employment. Keep records of all job applications, interviews, and networking efforts. Failure to mitigate can reduce your back pay and front pay awards.

✅ Evidence Checklist

Building a strong discrimination case requires comprehensive documentation. Gather these materials before sending your demand letter or filing a CRD complaint.

📄 Employment Documents

  • ✓ Offer letter and employment contract
  • ✓ Employee handbook and policies
  • ✓ Performance reviews (all years)
  • ✓ Pay stubs and W-2 forms
  • ✓ Termination letter or separation documents

📩 Communications

  • ✓ Emails showing discriminatory comments or treatment
  • ✓ Text messages from supervisors or coworkers
  • ✓ Written complaints to HR or management
  • ✓ HR investigation notes or findings

📝 Incident Documentation

  • ✓ Personal journal/notes of discriminatory incidents
  • ✓ Dates, times, locations, and witnesses for each incident
  • ✓ Photos or videos of discriminatory conduct (if any)
  • ✓ Comparison to treatment of similarly situated employees

👥 Witness Information

  • ✓ Names and contact info of witnesses
  • ✓ Written statements from coworkers (if available)
  • ✓ Information about other employees who were discriminated against

🏥 Medical/Mental Health

  • ✓ Medical records documenting condition (for disability claims)
  • ✓ Accommodation requests and employer responses
  • ✓ Therapy/counseling records showing emotional distress
  • ✓ Prescription records for stress/anxiety medication

💰 Financial Damages

  • ✓ Lost wages calculation (salary, bonuses, overtime)
  • ✓ Lost benefits value (health insurance, 401k match)
  • ✓ Job search records and expenses
  • ✓ Evidence of employer's financial condition (for punitive damages)

🔒 Preserve All Evidence Immediately

Forward work emails to your personal account before losing access. Screenshot text messages. Download any documents from company systems. Once you are terminated or resign, you may lose access to critical evidence. Do not delete anything, even seemingly irrelevant communications.

📝 Sample Demand Letter Language

Use these sample paragraphs to craft your employment discrimination demand letter. Customize the highlighted sections with your specific facts.

Opening Paragraph
This letter constitutes a formal demand for compensation arising from unlawful employment discrimination in violation of California's Fair Employment and Housing Act (FEHA), Government Code Sections 12900-12996. I was employed by [EMPLOYER NAME] as a [JOB TITLE] from [START DATE] to [END DATE]. During my employment and/or in connection with my termination, I was subjected to unlawful discrimination based on my [PROTECTED CHARACTERISTIC - e.g., disability, race, age, pregnancy].
Factual Background - Disability Discrimination
On or about [DATE], I informed my supervisor, [SUPERVISOR NAME], that I have [MEDICAL CONDITION/DISABILITY] and requested reasonable accommodations to perform my essential job functions. Specifically, I requested [SPECIFIC ACCOMMODATIONS REQUESTED]. Rather than engage in the legally required good-faith interactive process as mandated by Government Code Section 12940(n), [EMPLOYER NAME] [DESCRIBE WHAT EMPLOYER DID - e.g., denied my request without explanation, terminated my employment, reduced my hours]. This conduct constitutes unlawful disability discrimination and failure to accommodate under FEHA.
Factual Background - Race/National Origin Discrimination
Throughout my employment, I was subjected to differential treatment based on my [RACE/NATIONAL ORIGIN/ETHNICITY]. Specifically, [DESCRIBE DISCRIMINATORY CONDUCT - e.g., I was passed over for promotions given to less qualified employees, subjected to derogatory comments about my race/ethnicity, excluded from meetings and opportunities]. On [DATE], my employment was terminated, while [COMPARATOR - e.g., similarly situated employees of different race/ethnicity] who engaged in similar or worse conduct were not disciplined. This disparate treatment based on my protected status violates Government Code Section 12940(a).
Factual Background - Age Discrimination
At the time of my termination, I was [AGE] years old and had been a high-performing employee for [YEARS] years, as documented in my performance reviews. Despite my exemplary record, I was terminated on [DATE] as part of a purported [REASON GIVEN - e.g., reduction in force, reorganization]. However, the facts demonstrate that age was the true motivating factor: [DESCRIBE EVIDENCE - e.g., I was replaced by a younger employee, older employees were disproportionately terminated, management made comments about wanting "fresh blood" or "new ideas"]. This constitutes age discrimination in violation of Government Code Section 12940(a) and 12941.
Legal Basis Paragraph
California's Fair Employment and Housing Act expressly prohibits discrimination based on [PROTECTED CHARACTERISTIC]. Government Code Section 12940(a) makes it unlawful for an employer to discriminate against any person in compensation or in terms, conditions, or privileges of employment because of a protected characteristic. Under FEHA, I am entitled to recover: (1) back pay and lost benefits; (2) front pay for future lost earnings; (3) compensatory damages for emotional distress with no statutory cap; (4) punitive damages if the employer acted with malice, oppression, or fraud; and (5) reasonable attorney fees and costs pursuant to Government Code Section 12965(c)(6).
Damages Summary
As a direct and proximate result of your unlawful discrimination, I have suffered the following damages: (1) Lost wages from [TERMINATION DATE] to present totaling approximately $[AMOUNT]; (2) Lost employee benefits valued at approximately $[AMOUNT]; (3) Future lost earnings estimated at $[AMOUNT]; and (4) Severe emotional distress including [DESCRIBE - e.g., anxiety, depression, humiliation, loss of sleep, need for medical treatment]. Given the egregious and willful nature of your conduct, punitive damages are also warranted.
Demand and Deadline
I hereby demand that [EMPLOYER NAME] pay the total sum of $[DEMAND AMOUNT] within [30] days of the date of this letter to resolve all claims arising from the unlawful discrimination described above. This amount represents fair compensation for my economic losses, emotional distress, and the wrongful conduct of your organization. If I do not receive full payment by [DEADLINE DATE], I intend to file a complaint with the California Civil Rights Department and pursue all available legal remedies, including a civil lawsuit seeking the full measure of damages available under FEHA, plus attorney fees and costs. Any judgment obtained will be a matter of public record.
Closing Paragraph
I am prepared to discuss resolution of this matter in good faith. However, I am also fully prepared to pursue litigation if necessary. Please direct all communications regarding this matter to me at [YOUR CONTACT INFORMATION] or to my attorney, [ATTORNEY NAME AND CONTACT]. This letter is written without prejudice to any of my legal rights, all of which are expressly reserved.

⚠ Important: Consult an Attorney

Employment discrimination cases are complex. Before sending a demand letter, consider consulting with an employment attorney. Many plaintiff-side employment lawyers offer free consultations and work on contingency (no fee unless you win). An attorney can help you evaluate your case strength, calculate damages, and negotiate effectively.

🚀 Next Steps

After experiencing employment discrimination, take these steps to protect your rights and build your case.

Immediate Actions

1. Document Everything

Write down every discriminatory incident with dates, times, witnesses, and exact quotes. Create a timeline. Save all emails, texts, and documents.

2. Report Internally

Report discrimination to HR or management in writing. This creates a record and may be required to establish employer liability. Keep copies of all complaints.

3. Preserve Evidence

Forward work emails to personal account. Screenshot communications. Download documents. Once terminated, you may lose access permanently.

4. Consult an Attorney

Speak with an employment lawyer before taking further action. Most offer free consultations. They can advise on strategy and case value.

Filing Process Overview

  1. Send Demand Letter (Optional)

    A demand letter may prompt early settlement without the need for litigation. It also demonstrates your seriousness and documents your damages claim.

  2. File CRD Complaint

    Submit a complaint to the California Civil Rights Department online at calcivilrights.ca.gov within 3 years of the discriminatory act. Request an immediate right-to-sue letter if you want to proceed to court quickly.

  3. Obtain Right-to-Sue Letter

    Once you receive your right-to-sue letter from CRD, you have exhausted administrative remedies and can file a lawsuit in California Superior Court.

  4. File Civil Lawsuit

    File your complaint in Superior Court. Your attorney will draft the complaint, engage in discovery, and prepare for trial or settlement negotiations.

⚠ Statute of Limitations

  • CRD Complaint: Must be filed within 3 years of the discriminatory act
  • Court Lawsuit: Must be filed within 1 year of right-to-sue letter OR within 3 years of discriminatory act (whichever is later)
  • Federal EEOC: Only 300 days if you also want to preserve federal claims

Do not delay. The clock starts running from the date of the discriminatory act, not when you realize it was discrimination.

What to Expect in Litigation

📅 Timeline

Employment discrimination cases typically take 1-3 years from filing to resolution. Most cases settle before trial. Complex cases may take longer.

💰 Costs

Most plaintiff-side employment attorneys work on contingency (typically 33-40% of recovery). You pay nothing upfront and only pay if you win.

⚖ Discovery

Both sides exchange documents, take depositions, and gather evidence. This can be invasive - your employment history, medical records, and personal communications may be examined.

Need Legal Help?

Employment discrimination cases are complex and high-stakes. Get a strategy call with an experienced employment attorney to evaluate your case and discuss your options.

Book Consultation - $125

California Resources

  • California Civil Rights Department: calcivilrights.ca.gov - File complaints online
  • CRD Phone: (800) 884-1684 - Speak with an intake specialist
  • California Employment Lawyers Association: cela.org - Find a plaintiff-side employment attorney
  • State Bar Lawyer Referral: calbar.ca.gov - Find a certified specialist
  • FEHA Full Text: leginfo.legislature.ca.gov - Government Code 12900-12996
  • EEOC (Federal): eeoc.gov - For dual-filing federal claims