Race Discrimination FAQ

Race discrimination under California's Fair Employment and Housing Act (FEHA) occurs when an employer treats an employee or applicant unfavorably because of their race or characteristics associated with race. FEHA protects against discrimination based on race, color, ancestry, national origin, and ethnic group identification. Protected activities include hiring, firing, promotion, compensation, job assignments, training, benefits, and all other terms and conditions of employment.

Race discrimination can be intentional (disparate treatment) or result from policies that appear neutral but have a disproportionate impact on certain racial groups (disparate impact). Unlike federal law, FEHA applies to employers with five or more employees, providing broader protection than Title VII of the Civil Rights Act which requires 15 employees. California courts interpret FEHA's protections expansively to effectuate the statute's remedial purpose of eliminating discrimination.

FEHA protects individuals from discrimination based on race, color, ancestry, national origin, and ethnic group identification. This includes physical characteristics associated with race such as hair texture, skin color, and facial features. California law specifically prohibits discrimination based on natural hairstyles and protective hairstyles including braids, locks, and twists through the CROWN Act (Creating a Respectful and Open World for Natural Hair).

Protected ancestry includes ethnic heritage and national origin, even if the person was born in the United States. The law also protects against discrimination based on perception—if an employer discriminates based on an incorrect assumption about someone's race or ancestry. Mixed-race individuals and those in interracial relationships are also protected from discrimination. California courts have held that discrimination based on accent or language can constitute national origin discrimination when not justified by legitimate business reasons.

Disparate treatment occurs when an employer intentionally treats an employee differently because of their race. This can include refusing to hire, firing, demoting, denying promotions, paying less, or providing inferior working conditions based on race. Evidence of disparate treatment can be direct (explicit racial comments or policies) or circumstantial (patterns showing similarly situated employees of different races are treated differently).

For example, disciplining employees of one race more harshly than others for the same conduct, or requiring additional qualifications only from applicants of certain races constitutes disparate treatment. California courts use the McDonnell Douglas burden-shifting framework: the employee must establish a prima facie case showing they belong to a protected class, were qualified, suffered adverse action, and circumstances suggest discrimination. The employer must then provide a legitimate non-discriminatory reason, and finally the employee must show this reason is pretextual—a cover-up for discrimination.

Disparate impact discrimination occurs when an employer has a policy or practice that appears neutral but disproportionately affects employees of a particular race and is not job-related or justified by business necessity. Unlike disparate treatment, discriminatory intent is not required. Examples include educational requirements that exceed job needs, height and weight requirements, no-beard policies without medical exceptions, criminal background check policies that disproportionately exclude certain racial groups, and English-only rules not justified by business necessity.

To prove disparate impact under Government Code Section 12940, the plaintiff must show the policy causes a significant statistical disparity affecting a protected class. The employer can defend by proving the practice is job-related and consistent with business necessity, and that no less discriminatory alternative exists. California law requires employers to validate employment tests and selection criteria to ensure they do not have discriminatory effects. Even policies adopted without discriminatory intent can violate FEHA if they create unjustified barriers for racial minorities.

Racial harassment is unwelcome conduct based on race that creates a hostile work environment or results in a tangible employment action. Under Government Code Section 12940(j)(1), harassment includes racial slurs, offensive jokes, derogatory comments about racial characteristics, display of racist symbols or images (such as nooses or swastikas), and physical threats or intimidation based on race. The conduct must be severe or pervasive enough that a reasonable person would find it hostile or abusive.

A single incident can constitute harassment if sufficiently severe, such as a physical assault or use of an extremely offensive racial epithet by a supervisor. Employers are strictly liable for harassment by supervisors resulting in tangible employment actions and liable for co-worker harassment if they knew or should have known and failed to take immediate corrective action. California courts consider the frequency, severity, whether it's physically threatening or humiliating, and whether it interferes with work performance when determining if harassment occurred. The standard is both objective (reasonable person) and subjective (victim's actual perception).

To prove race discrimination under FEHA, you must show you belong to a protected class, you were qualified for the position or performing satisfactorily, you suffered an adverse employment action (termination, demotion, pay reduction, etc.), and the circumstances suggest discrimination. Evidence can include direct evidence like discriminatory statements or emails, comparative evidence showing different treatment of similarly situated employees of different races, statistical evidence of patterns, proximity in time between protected activity and adverse action, and departures from normal procedures.

Documentation is crucial: keep copies of performance reviews, emails, text messages, witness statements, and records of discriminatory incidents. California uses a burden-shifting framework under Government Code Section 12940. You must file a complaint with the Civil Rights Department (CRD, formerly DFEH) before filing a lawsuit, typically within three years of the discriminatory act. The CRD investigates and may issue a right-to-sue notice. Circumstantial evidence is often sufficient—you need not prove the employer admitted discriminatory intent. Temporal proximity, inconsistent explanations, and better treatment of comparable employees outside your racial group all support your case.

Under Government Code Section 12965, victims of race discrimination can recover multiple forms of relief. Economic damages include back pay (lost wages from termination or failure to hire), front pay (future lost earnings if reinstatement is not feasible), lost benefits, and out-of-pocket expenses. Non-economic damages compensate for emotional distress, humiliation, and mental anguish without requiring physical injury. Punitive damages may be awarded when the employer acted with malice, fraud, or oppression, to punish and deter similar conduct.

Additional remedies include reinstatement to your position, promotion you were denied, injunctive relief requiring policy changes, and reasonable attorney's fees and costs to the prevailing plaintiff. Unlike federal law, FEHA has no caps on compensatory or punitive damages. California courts have awarded substantial emotional distress damages even without medical evidence of psychological harm. You typically have three years to file with the CRD, and one year from receiving a right-to-sue notice to file a lawsuit. Interest accrues on back pay awards, increasing the total recovery.

No. Government Code Section 12940(h) prohibits retaliation against employees who oppose practices they reasonably believe are discriminatory, file complaints, testify, or participate in investigations. Protected activities include internal complaints to HR or management, filing CRD or EEOC charges, participating as a witness in investigations, and requesting reasonable accommodations. Retaliation includes termination, demotion, pay reduction, negative performance reviews, increased scrutiny, hostile treatment, and any action that would dissuade a reasonable person from engaging in protected activity.

You need not prove the underlying discrimination actually occurred—only that you reasonably believed it was discriminatory when you complained. Temporal proximity between protected activity and adverse action creates an inference of retaliation. Courts scrutinize employer explanations carefully when timing is suspicious. Retaliation claims often succeed even when discrimination claims fail because the legal standards differ. Document all protected activities and subsequent adverse treatment immediately. Even informal complaints can be protected activity if they put the employer on notice of potential discrimination.

Yes. California's CROWN Act (Creating a Respectful and Open World for Natural Hair), codified in Government Code Section 12926(v), explicitly protects natural hair and protective hairstyles associated with race. Effective January 1, 2020, FEHA's definition of race includes traits historically associated with race, including hair texture and protective hairstyles such as braids, locks, and twists. This means employers cannot discriminate against or prohibit these hairstyles in dress code or grooming policies.

The law recognizes that hair discrimination disproportionately impacts Black individuals and is a form of race discrimination. Employers cannot require employees to alter their natural hair or adopt hairstyles traditionally associated with other races. School dress codes are similarly prohibited from discriminating based on natural hair under Education Code Section 212.1. California was the first state to pass such legislation, establishing important precedent nationwide. The law applies to all aspects of employment and covers applicants and employees. Grooming policies must be evaluated for discriminatory impact on protected hairstyles.

First, document everything: dates, times, locations, witnesses, and exact words or actions. Save emails, texts, performance reviews, and relevant documents. Review your employee handbook for internal complaint procedures and follow them—file a written complaint with HR or management, keeping copies. California law protects you from retaliation for complaining under Government Code Section 12940(h). Continue documenting all interactions after your complaint, including any retaliation or changes in treatment.

File a complaint with the California Civil Rights Department (CRD) within three years of the discrimination under Government Code Section 12960. You can file online at calcivilrights.ca.gov or by mail; the CRD will investigate and may facilitate mediation or issue a right-to-sue notice. Consult an employment attorney to understand your rights and options—many offer free consultations. Consider filing an EEOC charge concurrently for federal protection. Preserve evidence and maintain contemporaneous notes of incidents. Do not resign without legal advice, as it may impact available remedies like reinstatement and back pay.