California Workplace Discrimination Demand Letters

FEHA, Title VII, ADA, ADEA - Race, Disability, Age, Gender & Protected Class Claims

California Workplace Discrimination Law Framework
Dual Protection System: California employees are protected by both state law (the Fair Employment and Housing Act - FEHA) and federal law (Title VII, ADA, ADEA). California's FEHA provides broader protections with more protected classes, covers smaller employers (5+ employees vs. 15+ for federal), and offers longer filing deadlines. When both apply, you can pursue the most favorable remedies.
Fair Employment and Housing Act (FEHA) - Gov. Code 12900+

FEHA is California's primary anti-discrimination law, providing comprehensive protection against workplace discrimination, harassment, and retaliation.

Protected Class Description Legal Basis
Race & Color Discrimination based on race, skin color, or associated physical characteristics Gov. Code 12940(a)
National Origin/Ancestry Discrimination based on country of origin, ethnicity, accent, or cultural characteristics Gov. Code 12940(a)
Religion Religious beliefs, practices, observances, dress, and grooming; requires reasonable accommodation Gov. Code 12940(a), (l)
Sex/Gender Includes pregnancy, childbirth, breastfeeding, and related medical conditions Gov. Code 12940(a), 12945
Sexual Orientation Heterosexuality, homosexuality, bisexuality Gov. Code 12940(a)
Gender Identity/Expression Transgender status, gender nonconformity, transitioning Gov. Code 12940(a)
Disability Physical or mental disability, medical conditions; requires reasonable accommodation Gov. Code 12940(a), (m), (n)
Age (40+) Discrimination against employees 40 years or older Gov. Code 12940(a), 12941
Marital Status Single, married, divorced, widowed, separated Gov. Code 12940(a)
Military/Veteran Status Current or past military service Gov. Code 12940(a)
Genetic Information Genetic tests, family medical history Gov. Code 12940(a)
Federal Anti-Discrimination Laws
Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, and national origin. Applies to employers with 15+ employees. Administered by the Equal Employment Opportunity Commission (EEOC).

Americans with Disabilities Act (ADA):

  • Applies to employers with 15+ employees
  • Prohibits discrimination against qualified individuals with disabilities
  • Requires reasonable accommodations unless undue hardship
  • Protects against discrimination in hiring, firing, promotions, compensation, and all terms of employment
  • Includes physical and mental impairments that substantially limit major life activities

Age Discrimination in Employment Act (ADEA):

  • Applies to employers with 20+ employees
  • Protects workers 40 years of age and older
  • Prohibits age-based discrimination in hiring, firing, promotions, compensation, and benefits
  • Employers cannot force retirement based on age (with narrow exceptions)
Disparate Treatment vs. Disparate Impact
Theory Definition Examples
Disparate Treatment Intentional discrimination - treating someone differently because of their protected characteristic Refusing to hire women; promoting only white employees; firing someone after learning they're gay
Disparate Impact Facially neutral policies that disproportionately affect a protected group without business necessity Height requirements that exclude most women; no-beard policies that affect those with skin conditions; testing that disproportionately screens out minorities
Reasonable Accommodation Requirements
Interactive Process: Under both FEHA (Gov. Code 12940(n)) and the ADA, employers must engage in a timely, good-faith interactive process with employees who request accommodations for disabilities. Failure to engage in this process is itself a FEHA violation.

Common Reasonable Accommodations:

  • Modified work schedules or part-time hours
  • Leave for medical treatment
  • Ergonomic equipment or workstation modifications
  • Reassignment to a vacant position
  • Work from home arrangements
  • Job restructuring or reallocating non-essential functions
  • Modified policies, training materials, or communication methods
  • Service animals or personal assistants
Statute of Limitations
Claim Type Time Limit Filing Agency
FEHA Administrative Complaint 3 years from discriminatory act California Civil Rights Department (CRD, formerly DFEH)
FEHA Civil Lawsuit 1 year from right-to-sue letter California Superior Court
Title VII/ADA/ADEA (EEOC) 300 days from discriminatory act (in California) Equal Employment Opportunity Commission
Title VII Civil Lawsuit 90 days from EEOC right-to-sue letter Federal or State Court
Section 1981 (Race) 4 years Federal Court (no administrative exhaustion required)
Critical Deadline: For federal claims (Title VII, ADA, ADEA), you must file with the EEOC within 300 days. Missing this deadline bars your federal claims. For FEHA claims, you have 3 years, but earlier filing preserves evidence and strengthens your case. Don't delay - contact an attorney or file promptly.
Common Workplace Discrimination Issues
1. Race & National Origin Discrimination
Pervasive Problem: Race discrimination remains the most frequently filed EEOC charge. It includes discrimination based on race, color, ethnicity, accent, cultural practices, and characteristics associated with race (hair texture, hairstyles, facial features).
  • Hiring discrimination: Rejecting candidates based on "cultural fit," names, or appearance
  • Promotion barriers: Glass ceiling preventing advancement of minority employees
  • Pay disparities: Paying employees of color less for equal work
  • Racial harassment: Slurs, jokes, offensive imagery, stereotyping
  • Accent discrimination: Refusing to hire or promote based on accent when not job-related
  • CROWN Act violations: Discrimination based on natural hair or protective hairstyles
  • Segregation: Assigning minority employees to certain locations, shifts, or customer-facing roles
2. Disability Discrimination & Accommodation Denial
  • Failure to accommodate: Denying reasonable modifications to workplace or job duties
  • Failure to engage in interactive process: Refusing to discuss accommodation options
  • Termination after disclosure: Firing employee after learning of disability or medical condition
  • Medical leave retaliation: Adverse action after requesting or taking medical leave
  • Fitness for duty abuse: Requiring medical exams without business necessity
  • Associational discrimination: Discrimination based on relationship with disabled person
  • Regarded as disabled: Treating employee as disabled based on myths or stereotypes
California's Broader Disability Definition: FEHA defines disability more broadly than the ADA. A condition that "limits" (not "substantially limits") a major life activity qualifies. FEHA also covers medical conditions like cancer, genetic characteristics, and HIV/AIDS specifically.
3. Age Discrimination (40+)
  • Layoffs targeting older workers: Workforce reductions that disproportionately affect 40+ employees
  • Replacement by younger workers: Fired or forced out and replaced by younger employee
  • Age-related comments: "You're too old for this," "We need fresh blood," "You're overqualified"
  • Technology bias: Assuming older workers can't learn new systems
  • Benefit reduction: Reducing benefits or opportunities based on age
  • Forced retirement: Pressuring older workers to retire
  • Hiring discrimination: "Entry-level" requirements designed to exclude experienced workers
4. Sex/Gender Discrimination
  • Pregnancy discrimination: Adverse actions during pregnancy or after return from leave
  • Pay inequality: Paying women less than men for substantially similar work
  • Promotion barriers: Glass ceiling, maternal wall, or gender stereotyping
  • Sexual harassment: Quid pro quo or hostile work environment based on sex
  • Gender stereotyping: Penalizing employees who don't conform to gender norms
  • Caregiver discrimination: Bias against employees with caregiving responsibilities
  • LGBTQ+ discrimination: Discrimination based on sexual orientation or gender identity
5. Hostile Work Environment
Legal Standard: A hostile work environment exists when harassment based on a protected characteristic is so severe or pervasive that it alters the conditions of employment and creates an abusive working environment. The conduct must be both subjectively offensive to the victim and objectively offensive to a reasonable person.

Elements Required:

  • Employee belongs to a protected class
  • Employee was subjected to unwelcome harassment
  • Harassment was based on the protected characteristic
  • Harassment was severe or pervasive enough to alter working conditions
  • Employer knew or should have known and failed to take corrective action (for co-worker harassment)
6. Retaliation
Most Common Claim: Retaliation is now the most frequently alleged type of discrimination. It's illegal to retaliate against employees for opposing discrimination, filing complaints, participating in investigations, or requesting accommodations.
  • Termination after complaining about discrimination
  • Demotion or pay reduction after filing EEOC/CRD complaint
  • Negative performance reviews after requesting accommodation
  • Exclusion from meetings or opportunities after reporting harassment
  • Threats, intimidation, or increased scrutiny after protected activity
How to Write Your Discrimination Demand Letter
Step 1: Document the Discrimination

Before writing your demand, gather evidence of discriminatory treatment:

  • Timeline of events: Create detailed chronology with dates and descriptions
  • Discriminatory statements: Record exact words, who said them, when, and who witnessed
  • Comparative treatment: Note how similarly situated employees of different protected classes were treated
  • Pattern evidence: Identify other employees who experienced similar treatment
  • Accommodation requests: Document all requests and employer responses
  • Complaints made: Record internal complaints to HR, managers, or hotlines
  • Adverse actions: Document termination, demotion, discipline, or other negative treatment
Step 2: Gather Supporting Documentation
Evidence Checklist:
  • Personnel file and employment records
  • Performance reviews (especially any showing good performance before complaint)
  • Emails, texts, or messages showing discrimination or retaliation
  • Written accommodation requests and employer responses
  • HR complaints and investigation reports
  • Medical documentation (for disability claims)
  • Witness names and contact information
  • Comparator information (how others were treated)
  • Company policies on discrimination, harassment, accommodation
  • Termination letter or disciplinary notices
Step 3: Format & Content

Use formal business letter format with professional, factual tone. Include:

Component What to Include
Header Your name, address, phone, email; date; employer's name and address; "CONFIDENTIAL - SETTLEMENT COMMUNICATION"
Subject Line "Demand for Resolution of Discrimination Claim" or "Notice of Discrimination and Demand for Remedial Action"
Protected Class Identify your protected characteristic(s) and applicable laws (FEHA, Title VII, ADA)
Employment History Position, dates, performance record, compensation
Discrimination Facts Specific incidents with dates, actors, and how they constitute discrimination
Legal Violations Cite specific statutes violated (Gov. Code 12940, Title VII, etc.)
Damages Lost wages, benefits, emotional distress, out-of-pocket expenses
Demand Specific monetary amount and/or non-monetary relief sought
Response Deadline Typically 10-21 days to respond
Consequences State intent to file CRD/EEOC complaint and/or lawsuit if not resolved
Step 4: Calculate Your Damages

Discrimination damages can include:

  • Back pay: Lost wages from date of adverse action to present
  • Front pay: Future lost wages if reinstatement not feasible
  • Lost benefits: Health insurance, retirement contributions, stock options
  • Emotional distress: Anxiety, depression, humiliation, loss of enjoyment of life
  • Medical expenses: Therapy, counseling, medication related to discrimination
  • Out-of-pocket costs: Job search expenses, relocation costs
  • Punitive damages: Available for malicious or reckless conduct (no cap under FEHA)
  • Attorney fees: Recoverable by prevailing employees under FEHA and Title VII
FEHA Advantage: Unlike Title VII, which caps compensatory and punitive damages ($300,000 for largest employers), FEHA has no damage caps. California juries have awarded multi-million dollar verdicts in discrimination cases.
Step 5: Sending Your Letter
  • Certified mail with return receipt: Provides proof of delivery
  • Email to HR and legal: Faster delivery, creates electronic record
  • Mark as settlement communication: May protect from disclosure under Evidence Code 1152
  • Keep copies: Retain copies of letter and delivery confirmation
  • Consult attorney first: Consider having an attorney review or send the letter
Important Consideration: Demand letters in discrimination cases can be complex. Unlike wage claims with clear calculations, discrimination damages involve subjective elements and strategic considerations. Many employees benefit from consulting an attorney before sending a demand letter to maximize their recovery and avoid potential pitfalls.
Sample Workplace Discrimination Demand Letters
Sample 1: Race Discrimination Demand Letter
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] CONFIDENTIAL - SETTLEMENT COMMUNICATION [Employer Name/HR Director] [Company Name] [Company Address] [City, CA ZIP] RE: Demand for Resolution of Race Discrimination Claim Employee: [Your Name] Position: [Your Job Title] Dear [Recipient Name]: I am writing regarding unlawful race discrimination I experienced during my employment with [Company Name], in violation of the California Fair Employment and Housing Act (Government Code Section 12940) and Title VII of the Civil Rights Act of 1964. EMPLOYMENT BACKGROUND: I was employed by [Company Name] as a [Job Title] from [Start Date] to [End Date/present]. Throughout my employment, I consistently met or exceeded performance expectations, as documented in my performance reviews. My most recent annual review rated me as [rating], and I received [any raises, bonuses, or commendations]. DISCRIMINATORY TREATMENT: Despite my strong performance record, I was subjected to discriminatory treatment based on my race [specify: African American, Latino, Asian, etc.]. The discriminatory conduct includes: 1. [Date]: [Specific incident - e.g., "My supervisor, [Name], passed me over for promotion to [Position] despite my superior qualifications. The position was given to [Name], a white employee with less experience and lower performance ratings."] 2. [Date]: [Specific incident - e.g., "During a team meeting, [Manager Name] stated that 'people like you' are not 'leadership material' and that I should be 'grateful' for my current position."] 3. [Date]: [Specific incident - e.g., "I was subjected to ongoing racial harassment including [describe: racial jokes, slurs, stereotyping, exclusion from meetings/opportunities]. I reported this to HR on [Date], but no corrective action was taken."] 4. [Date]: [If terminated - e.g., "I was terminated on [Date] purportedly for [stated reason], despite having no prior disciplinary issues. White employees with similar or worse performance/conduct were not terminated."] COMPARATIVE TREATMENT: Similarly situated white employees were treated more favorably: - [Comparator Name] received the promotion I was denied despite [fewer qualifications/years of experience/lower performance ratings] - [Comparator Name] engaged in similar conduct but was not disciplined/terminated - [Describe other examples of disparate treatment] LEGAL VIOLATIONS: Your actions violate: - California Government Code Section 12940(a) - discrimination based on race - California Government Code Section 12940(j) - failure to prevent discrimination/harassment - California Government Code Section 12940(h) - retaliation for opposing discrimination - Title VII of the Civil Rights Act, 42 U.S.C. Section 2000e-2 - 42 U.S.C. Section 1981 - discrimination in contracts DAMAGES: As a result of your unlawful conduct, I have suffered: - Lost wages: $[amount] (from [date] to present at $[rate]) - Lost benefits: $[amount] (health insurance, retirement contributions) - Emotional distress: Severe anxiety, depression, humiliation, and loss of sleep - Medical expenses: $[amount] for therapy/counseling - Damage to professional reputation and career trajectory DEMAND: To resolve this matter without litigation, I demand: 1. Payment of $[Total Amount] within twenty-one (21) days 2. [If still employed: Immediate cessation of discriminatory treatment] 3. [Neutral reference/non-disparagement agreement, if applicable] If this matter is not resolved to my satisfaction within twenty-one (21) days, I will file a complaint with the California Civil Rights Department and the EEOC, and pursue all available legal remedies including a civil lawsuit seeking compensatory damages, punitive damages, and attorney fees. Please direct all further communications to [me at the above address / my attorney, [Name], at [contact information]]. Sincerely, [Your Signature] [Your Printed Name] cc: [Your attorney, if applicable]
Sample 2: Disability Accommodation Denial Demand Letter
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] CONFIDENTIAL - SETTLEMENT COMMUNICATION [Employer Name/HR Director] [Company Name] [Company Address] [City, CA ZIP] RE: Demand for Resolution of Disability Discrimination and Failure to Accommodate Employee: [Your Name] Dear [Recipient Name]: I am writing regarding [Company Name]'s unlawful disability discrimination and failure to provide reasonable accommodation, in violation of the California Fair Employment and Housing Act (Government Code Sections 12940(a), (m), and (n)) and the Americans with Disabilities Act (42 U.S.C. Section 12112). EMPLOYMENT BACKGROUND: I have been employed by [Company Name] as a [Job Title] since [Start Date]. I have consistently performed my job duties satisfactorily, as reflected in my performance evaluations. DISABILITY AND ACCOMMODATION REQUEST: On or about [Date], I was diagnosed with [disability/medical condition - e.g., "a herniated disc causing chronic back pain" or "major depressive disorder"]. This condition substantially limits my ability to [major life activity affected - e.g., "sit for extended periods," "concentrate," "stand," etc.]. On [Date], I notified [HR/Manager Name] of my condition and requested the following reasonable accommodations: 1. [Specific accommodation - e.g., "An ergonomic standing desk to alternate between sitting and standing"] 2. [Specific accommodation - e.g., "A modified schedule allowing me to work from home two days per week"] 3. [Specific accommodation - e.g., "Additional breaks to take prescribed medication and perform stretching exercises"] I provided medical documentation from my treating physician, Dr. [Name], supporting my diagnosis and the requested accommodations. FAILURE TO ACCOMMODATE AND ENGAGE IN INTERACTIVE PROCESS: Rather than engaging in the required good-faith interactive process, [Company Name]: 1. [Describe employer's response - e.g., "Refused to discuss any accommodations, stating that 'we don't make exceptions to company policy'"] 2. [Describe failure - e.g., "Did not respond to my accommodation request for [X] weeks, then denied it without explanation or offering alternatives"] 3. [If applicable - e.g., "Terminated my employment on [Date], claiming I could not perform my job duties, without ever discussing possible accommodations"] 4. [If applicable - e.g., "Retaliated against me by [describe adverse action] after I requested accommodations"] Under FEHA and the ADA, you were required to engage in a timely, good-faith interactive process to identify effective reasonable accommodations. The accommodations I requested would not have caused undue hardship - [explain why, e.g., "standing desks are inexpensive and already provided to other employees," "remote work is already permitted for other positions"]. Your failure to engage in this process is itself a violation of Government Code Section 12940(n). LEGAL VIOLATIONS: Your actions violate: - Government Code Section 12940(a) - discrimination based on disability - Government Code Section 12940(m) - failure to provide reasonable accommodation - Government Code Section 12940(n) - failure to engage in interactive process - Government Code Section 12940(h) - retaliation for requesting accommodation - Americans with Disabilities Act, 42 U.S.C. Section 12112(b)(5)(A) DAMAGES: As a result of your unlawful conduct, I have suffered: - Lost wages: $[amount] (from [termination date] to present) - Lost benefits: $[amount] (health insurance - particularly critical given my medical condition) - Emotional distress: Anxiety, depression, feelings of worthlessness - Aggravation of underlying medical condition due to stress - Medical expenses: $[amount] - Out-of-pocket job search expenses: $[amount] DEMAND: To resolve this matter without litigation, I demand: 1. Payment of $[Total Amount] within twenty-one (21) days 2. [If still employed: Immediate implementation of requested accommodations] 3. [If terminated: Reinstatement to my former position with reasonable accommodations, OR front pay in lieu of reinstatement] 4. [Neutral reference and non-disparagement agreement] If I do not receive a satisfactory response within twenty-one (21) days, I will file a complaint with the California Civil Rights Department and the EEOC, and pursue a civil lawsuit seeking all available damages, including punitive damages and attorney fees. Please contact me at the above address to discuss resolution. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Medical documentation (previously provided) - Accommodation request correspondence - Performance reviews
Sample 3: Age Discrimination Demand Letter
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] CONFIDENTIAL - SETTLEMENT COMMUNICATION [Employer Name/HR Director] [Company Name] [Company Address] [City, CA ZIP] RE: Demand for Resolution of Age Discrimination Claim Former Employee: [Your Name] Date of Birth: [DOB] (Age [X]) Dear [Recipient Name]: I am writing regarding the unlawful age discrimination I experienced during and at the termination of my employment with [Company Name], in violation of the California Fair Employment and Housing Act (Government Code Section 12940 and 12941) and the Age Discrimination in Employment Act (29 U.S.C. Section 623). EMPLOYMENT BACKGROUND: I was employed by [Company Name] for [X] years, from [Start Date] to [End Date]. I held the position of [Job Title] and was earning $[salary] annually plus benefits. Throughout my tenure, I consistently received positive performance reviews and was recognized for my contributions, including [specific achievements, awards, promotions]. At the time of my termination, I was [age] years old. DISCRIMINATORY TERMINATION: On [Date], I was terminated, ostensibly due to [stated reason, e.g., "a company restructuring," "position elimination," "performance issues"]. However, the true reason for my termination was age discrimination, as evidenced by: 1. AGE-RELATED COMMENTS: Prior to my termination, management made numerous comments reflecting age bias: - [Date]: [Manager Name] said I was "too set in my ways" and that the company needed "fresh perspectives" - [Date]: During a meeting, [Executive Name] stated the company needed to "bring in younger talent" and become "more dynamic" - [Date]: I was told I was "overqualified" when I applied for [position] that went to a younger employee - [Date]: [Manager Name] commented that I should "think about retirement" and asked about my "long-term plans" 2. PATTERN OF TARGETING OLDER WORKERS: The recent restructuring disproportionately affected older workers: - [X] of [Y] employees terminated were over 50 years old - Average age of terminated employees: [X] years - Average age of retained employees: [X] years - My entire department was restructured, and I was the oldest member - Younger employees with less experience and lower performance ratings were retained 3. REPLACEMENT BY YOUNGER WORKERS: Following my termination: - My duties were reassigned to [Name], age [X] - [Company] hired [X] new employees for similar roles, all under age [X] - The "position elimination" was pretextual - the work continues to be performed 4. PRETEXTUAL REASONS: The stated reason for my termination was [reason], but this is pretextual because: - I had no prior performance issues or warnings - My most recent review was [positive rating] - Younger employees with documented performance problems were not terminated - [Other evidence showing pretext] LEGAL VIOLATIONS: Your actions violate: - California Government Code Section 12940(a) - age discrimination - California Government Code Section 12941 - age discrimination in employment - Age Discrimination in Employment Act, 29 U.S.C. Section 623 - California Government Code Section 12940(h) - retaliation (if applicable) DAMAGES: As a result of your unlawful termination, I have suffered significant damages: Lost Wages (Back Pay): From [termination date] to present: [X] months x $[monthly salary] = $[Amount] Lost Benefits: - Health insurance: $[amount] (forced to pay COBRA/marketplace rates) - 401(k) match: $[amount] - Other benefits: $[amount] Front Pay: Given my age and the difficulty older workers face in obtaining comparable employment, I am entitled to front pay. At my age, I am unlikely to obtain comparable employment before retirement, representing [X] years of lost income. Emotional Distress: I have suffered severe emotional distress including depression, anxiety, loss of self-esteem, and humiliation. After [X] years of dedicated service, being discarded because of my age has been devastating. DEMAND: To resolve this matter without litigation, I demand payment of $[Total Amount], representing: - Back pay: $[amount] - Front pay: $[amount] - Lost benefits: $[amount] - Emotional distress damages: $[amount] - [Severance enhancement, if applicable] I require a response within twenty-one (21) days. If this matter is not resolved, I will file complaints with the California Civil Rights Department and the EEOC, and pursue a civil lawsuit seeking all available damages, including punitive damages, liquidated damages (ADEA), and attorney fees. Under the ADEA, I am providing you with this notice more than 21 days before any potential litigation to provide an opportunity to resolve this matter. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Performance reviews - Age-related comments documentation - Termination notice - Comparative employee data (if available)
Enforcement Agencies & Legal Remedies
California Civil Rights Department (CRD) - Formerly DFEH
Primary State Agency: The California Civil Rights Department (CRD) enforces FEHA and investigates discrimination complaints. Filing with CRD is required before filing a lawsuit under FEHA (administrative exhaustion requirement).

How to File a CRD Complaint:

  • File online at calcivilrights.ca.gov
  • Call CRD at 1-800-884-1684
  • Deadline: Within 3 years of the discriminatory act
  • CRD will investigate or issue a Right-to-Sue letter

CRD Process Options:

Option Process Best For
Immediate Right-to-Sue Request immediate right-to-sue letter without CRD investigation Employees with attorneys ready to file lawsuit
CRD Investigation CRD investigates complaint (typically 12-24 months) Employees without attorneys; building case
Mediation CRD offers free mediation to resolve disputes Both parties willing to negotiate
Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws (Title VII, ADA, ADEA, GINA).

How to File an EEOC Charge:

  • File online at www.eeoc.gov via the Public Portal
  • File in person at an EEOC field office
  • Deadline: 300 days from discriminatory act (in California, due to work-sharing with CRD)
  • EEOC may investigate, mediate, or issue a Right-to-Sue letter
Dual Filing: CRD and EEOC have a work-sharing agreement. Filing with one agency can be cross-filed with the other. However, be aware of the shorter EEOC deadline (300 days vs. 3 years for CRD). To preserve federal claims, file early.
Available Remedies & Damages
Remedy Type FEHA (State) Title VII/ADA/ADEA (Federal)
Back Pay Full back pay from adverse action to judgment Full back pay (ADEA: reduced by interim earnings)
Front Pay Future lost earnings when reinstatement not feasible Available in lieu of reinstatement
Compensatory Damages No cap - full emotional distress, pain and suffering Capped at $50K-$300K based on employer size
Punitive Damages No cap - available for malice, fraud, or oppression Capped (same as compensatory); not available under ADEA
Attorney Fees Mandatory for prevailing employee Mandatory for prevailing employee
Reinstatement Available Available
Injunctive Relief Court can order policy changes, training Court can order policy changes, training
FEHA Advantage: California's FEHA offers significant advantages over federal law: no damage caps on compensatory or punitive damages, broader definition of disability, covers smaller employers (5+ vs. 15+ employees), and a 3-year statute of limitations. FEHA claims frequently result in larger recoveries.
Litigation Timeline
Stage Timeframe Description
File CRD Complaint Day 0 File complaint; request immediate right-to-sue if ready to litigate
Right-to-Sue Letter Immediate - 12 months Immediate if requested; otherwise after investigation
File Lawsuit Within 1 year of right-to-sue File in Superior Court (state) or Federal Court
Discovery 6-12 months Exchange documents, take depositions
Mediation During discovery Most cases settle at or before mediation
Trial 18-36 months from filing Jury trial if case doesn't settle
Settlement Considerations

Most discrimination cases settle before trial. Settlement may include:

  • Monetary payment: Lump sum covering wages, emotional distress, fees
  • Neutral reference: Agreement on what employer will say about you
  • Non-disparagement: Both parties agree not to disparage each other
  • Confidentiality: Terms of settlement kept confidential (with exceptions)
  • Policy changes: Employer agrees to training or policy modifications
  • Record correction: Removing negative information from personnel file

Related Discrimination Resources

Attorney Services
Experienced Discrimination Claims Representation

I represent California employees in workplace discrimination cases, including FEHA and Title VII claims involving race, disability, age, sex, and other protected characteristics. If you've been discriminated against at work, I can help you recover the compensation you deserve.

How I Can Help
  • Case Evaluation: Assess the strength of your discrimination claim and potential damages
  • Demand Letter Drafting: Craft compelling demand letters that maximize settlement value
  • CRD/EEOC Filings: File administrative complaints and navigate agency processes
  • Litigation: Represent you in court if your case proceeds to lawsuit
  • Settlement Negotiation: Negotiate favorable settlements without the uncertainty of trial
  • Accommodation Advocacy: Help you obtain reasonable accommodations from your employer
  • Retaliation Protection: Advise on protecting yourself from retaliation after complaints
Types of Cases I Handle
  • Race and national origin discrimination
  • Disability discrimination and failure to accommodate
  • Age discrimination (40+ employees)
  • Sex and gender discrimination, including pregnancy
  • Sexual orientation and gender identity discrimination
  • Religious discrimination and accommodation
  • Hostile work environment and harassment
  • Retaliation for reporting discrimination
  • Wrongful termination based on protected characteristics
Contingency Fee Representation
No Upfront Costs: Most discrimination cases are handled on a contingency fee basis - you pay no attorney fees unless we recover money for you. Additionally, under FEHA and Title VII, prevailing employees are entitled to recover attorney fees from the employer, which can reduce or eliminate the impact of fees on your recovery.
When to Contact an Attorney
Consider consulting an attorney if:
  • You've experienced adverse action (termination, demotion, denial of promotion) based on a protected characteristic
  • Your employer denied your reasonable accommodation request
  • You're experiencing ongoing harassment or hostile work environment
  • You've been retaliated against for reporting discrimination
  • You're facing a deadline to file with CRD or EEOC
  • Your employer has ignored your internal complaints
  • You want to understand your rights before taking action
  • You've received a right-to-sue letter and need to decide next steps
Schedule a Consultation

Book a consultation to discuss your discrimination claim. I'll evaluate your case, explain your options, and help you determine the best path forward.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
Under FEHA, workplace discrimination occurs when an employer takes adverse action against an employee because of a protected characteristic such as race, color, national origin, religion, sex, gender identity, sexual orientation, age (40+), disability, marital status, or military status. "Adverse action" includes termination, demotion, failure to promote, pay reduction, harassment, or any other significant negative treatment affecting the terms and conditions of employment. The key is that the protected characteristic was a "substantial motivating factor" in the employer's decision.
FEHA generally provides stronger protections than federal laws. Key differences include: (1) FEHA covers employers with 5+ employees, while Title VII/ADA require 15+ and ADEA requires 20+; (2) FEHA has no caps on compensatory or punitive damages, while federal law caps them at $50,000-$300,000 depending on employer size; (3) FEHA has a 3-year statute of limitations vs. 300 days for EEOC; (4) FEHA's definition of disability is broader than the ADA. When both laws apply, employees can pursue claims under whichever provides more favorable remedies.
Most discrimination cases rely on circumstantial evidence rather than direct admissions. You can prove discrimination through: (1) showing you're in a protected class and qualified for your job; (2) evidence of adverse action; (3) evidence that similarly situated employees outside your protected class were treated better; (4) timing (adverse action shortly after protected activity); (5) shifting or false explanations from the employer; (6) statistical evidence of patterns; (7) statements showing bias even if not directly linked to the decision; (8) deviation from normal procedures. An experienced attorney can help build a compelling circumstantial case.
This is called "pretext" - when an employer's stated reason is a cover for discrimination. You can show pretext by proving: (1) the stated reason is false (e.g., your performance was actually good, as shown by reviews); (2) the reason is insufficient (others with same issues weren't fired); (3) the timing is suspicious (problems surfaced only after you complained or disclosed protected status); (4) shifting explanations; (5) procedural irregularities; (6) discriminatory statements by decision-makers. Document your good performance and any inconsistencies in how you were treated compared to others.
The interactive process is a mandatory dialogue between employer and employee to identify effective reasonable accommodations. When you request an accommodation, your employer must engage in a timely, good-faith discussion to understand your limitations and explore possible accommodations. The employer can request medical documentation, suggest alternative accommodations, and consider operational needs - but they cannot simply deny the request without discussion. Failure to engage in the interactive process is itself a FEHA violation, even if you can't prove the underlying accommodation would have been reasonable.
For FEHA claims, you have 3 years from the discriminatory act to file with the California Civil Rights Department (CRD). For federal claims (Title VII, ADA, ADEA), you must file with the EEOC within 300 days. For Section 1981 race discrimination claims, you have 4 years and can file directly in court. After obtaining a right-to-sue letter, you have 1 year (FEHA) or 90 days (Title VII) to file a lawsuit. Don't wait until the last minute - evidence becomes harder to obtain and witnesses' memories fade. Consult an attorney early to preserve your claims.
No. Retaliation against employees who oppose discrimination, file complaints, or participate in investigations is illegal under both FEHA (Government Code 12940(h)) and federal law. If you're fired, demoted, or otherwise punished for asserting your rights, you have a separate retaliation claim - which is often easier to prove than the underlying discrimination claim. Document everything, especially the timing between your protected activity and any adverse action. Many successful employment cases include both discrimination and retaliation claims.

California Workplace Discrimination: Know Your Rights

California provides some of the strongest workplace discrimination protections in the nation through the Fair Employment and Housing Act (FEHA). Unlike federal law, FEHA covers employers with just 5 employees, has no caps on damages, and recognizes a broader range of protected characteristics. If you've been discriminated against at work, you have legal options.

Protected Classes Under FEHA

Filing Deadlines

Under FEHA, you have 3 years from the discriminatory act to file a complaint with the California Civil Rights Department (CRD). For federal claims, you must file with the EEOC within 300 days. Don't delay - consult an attorney promptly to preserve your claims and gather evidence while it's still available.

Related Resources

Fight Back Against Workplace Discrimination

If you've been discriminated against at work based on your race, disability, age, gender, or other protected characteristic, I can help. Most discrimination cases are handled on contingency - you pay nothing unless we recover money for you.

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