Workplace Discrimination in California: Your Rights

It is illegal in California to treat you worse at work because of a protected characteristic such as disability, age, race, sex, religion, or national origin. California's Fair Employment and Housing Act bars discrimination in hiring, pay, promotion, discipline, and firing, and it protects workers more broadly than federal law does, reaching employers with as few as five employees.

If you are reading this, you probably suspect a decision at work had less to do with your performance than with who you are. Below, we explain what counts as workplace discrimination in California, the protected classes, how disability and age claims work, how these cases are proven, and the deadline to act.

This article is general information about California law, not legal advice. Reading it does not create an attorney-client relationship.

What is workplace discrimination in California?

Workplace discrimination is when an employer treats you less favorably because of a legally protected characteristic rather than your performance or conduct. It can show up in firing, pay, promotions, assignments, discipline, or hiring. Under California's Fair Employment and Housing Act (opens in a new tab), that kind of treatment is unlawful for employers with five or more employees.

Discrimination is not always obvious or spoken aloud. It often shows up as a pattern: the older worker pushed out in a reorganization, the employee with a disability who is suddenly a bad fit, the qualified candidate passed over again and again. The law looks at whether a protected trait was a substantial reason for the decision, not whether anyone announced it.

What are the protected classes under California law?

California protects a broad list of characteristics. It is unlawful to discriminate based on race, color, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age (40 and over), disability, medical condition, genetic information, marital status, pregnancy, and military or veteran status. This list is wider than federal law and is interpreted broadly.

Because the categories are broad, a single situation can involve more than one. A worker might face bias tied to both age and disability, or both race and national origin. You do not have to fit neatly into one box, and you do not have to prove the employer was hostile, only that a protected characteristic drove the decision.

How does disability discrimination and accommodation work?

California disability law does two things: it bars discrimination because of a disability, and it requires employers to reasonably accommodate one. It also requires a good-faith interactive process to find an accommodation. These are three separate obligations, so an employer can be liable for failing to accommodate or failing to engage even without classic discrimination.

California's definition of disability is broader than the federal ADA, requiring only that a condition limit a major life activity rather than substantially limit it, and it covers many chronic and episodic conditions. Reasonable accommodations can include a modified schedule, leave, assistive equipment, or reassignment. If your employer refused to discuss options and simply said no, that refusal to engage is often a claim on its own.

Is age discrimination illegal in California?

Yes. California law protects workers 40 and older from age discrimination, and in some respects it goes further than federal law. It allows disparate-impact claims, and it bars using salary as a stand-in for age. The causation standard is also more favorable to employees than the federal but-for test.

Age cases often surface in layoffs and reorganizations, where older, higher-paid workers are disproportionately cut, or in comments about wanting fresh or new energy. California directs courts to interpret its age-discrimination protections broadly, comparable to race and sex discrimination. As with other categories, the question is whether age was a substantial motivating factor in the decision.

How do I prove discrimination, and how long do I have?

Most discrimination cases are proven with circumstantial evidence using a burden-shifting framework. You show a basic case, the employer offers a lawful reason, and you show that reason is a pretext. Under California law you must show the protected trait was a substantial motivating factor. The deadline is generally three years to file with the state, then one year to sue.

Before suing, you file with the California Civil Rights Department (opens in a new tab) and obtain a right-to-sue notice, a step a lawyer usually handles. Proving pretext is fact-intensive, which is why documentation and comparisons to how others were treated matter so much.

If you believe a decision at work was driven by who you are rather than how you did your job, the useful next step is to have someone look at the specifics. Justin Silverman represents workers across Los Angeles, and a consultation with our office is free. You can reach us at 818-585-1267 or through the contact form on our site. Learn more about our harassment and discrimination practice, or read our related guides on sexual harassment and pregnancy discrimination. The firm has recovered over $12 million for clients. Past results do not guarantee a similar outcome, and every case depends on its own facts.

This article is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, talk to a lawyer.