Employee discrimination happens when an employer treats a worker unfairly because of a protected characteristic rather than job performance. Under California law, employee discrimination is illegal in hiring, pay, promotion, discipline, and termination decisions. The California Fair Employment and Housing Act (FEHA) is the state law that makes this unlawful, and it applies to employers across California, from Los Angeles to Sacramento.
If you suspect you have experienced employee discrimination, understanding how FEHA works can help you decide what to do next and how to protect your case from the start.
What Counts as Employee Discrimination Under California Law?
FEHA prohibits employee discrimination based on protected characteristics, including:
- Race, color, and national origin
- Sex, gender identity, and sexual orientation
- Age (40 and older)
- Disability, physical or mental
- Pregnancy, childbirth, and related medical conditions
- Religion
- Marital status
- Military or veteran status
Employee discrimination can look like being passed over for a promotion you were qualified for, being paid less than a coworker who does the same job, or being disciplined more harshly than colleagues outside your protected class. It can also show up as a pattern: repeated exclusion from meetings, sudden negative reviews after years of strong performance, or a demotion that follows shortly after you disclosed a disability or pregnancy.
California law requires employers to evaluate employees based on merit and conduct, not on protected traits. When that standard is not followed, it may constitute unlawful employee discrimination under Gov. Code § 12940.
How Does FEHA Protect Workers in Sacramento and Beyond?
FEHA applies statewide, which means employee discrimination protections cover workers in Sacramento the same way they cover workers in Los Angeles or San Diego. If you are searching for a Sacramento sexual harassment attorney because harassment overlapped with a discrimination issue at work, know that both claims can often be pursued together under the same statute.
Sacramento employees sometimes assume that because the state capital’s workforce is heavily made up of government employees, different rules apply. They generally do not. FEHA covers most public and private employers with five or more employees, so the protections against employee discrimination are broadly available across industries.
What Is the Difference Between Discrimination and Workplace Harassment?
Workplace harassment and employee discrimination are related but not identical. Discrimination involves an adverse action, such as a firing, demotion, or pay cut, tied to a protected characteristic. Workplace harassment involves unwelcome conduct, such as offensive comments or a hostile environment, that does not always come with a formal employment decision attached.
The two frequently overlap. An employee who reports workplace harassment may then face discriminatory treatment as a result of that complaint. When that happens, you may have both a harassment claim and a discrimination or retaliation claim arising from the same set of facts.
Can Your Employer Retaliate Against You for Reporting Discrimination?
No. FEHA makes it illegal for an employer to retaliate against an employee who opposes discrimination or participates in a related investigation. The California Supreme Court addressed this directly in Yanowitz v. L’Oreal USA (2005), where a regional manager refused a supervisor’s order to fire a subordinate for a discriminatory reason and was then subjected to escalating hostile treatment.
The court held that Yanowitz’s refusal was itself a protected activity, and that retaliation does not have to be one dramatic act. A series of smaller, damaging actions taken together can be enough to support a retaliation claim. This matters because employee discrimination retaliation is often gradual: a schedule change here, a bad review there, exclusion from a project you used to lead.
If you’re dealing with workplace discrimination or retaliation in California, you can contact Nabati Law to discuss your options.
How Do You Report Employee Discrimination in California?
Employees can file a complaint with the California Civil Rights Department (CRD), the state agency that investigates FEHA violations. The CRD was formerly known as the Department of Fair Employment and Housing (DFEH). If you searched for a “DFEH Northern California” office expecting the old name, note that DFEH complaints are now filed through the CRD statewide, including for Sacramento and other Northern California employees.
Generally, you have three years from the last discriminatory act to file with the CRD under Gov. Code § 12960. Once the CRD issues a right-to-sue notice, you typically have one year to file a civil lawsuit. Employees may also file with the federal EEOC, which allows roughly 300 days to file in states like California that have their own fair employment agency.
Filing on time matters. Missing a deadline can end an otherwise strong employee discrimination claim before it starts.
What Should You Document If You’ve Experienced Discrimination?
Documentation protects the value of your claim. Save the following as soon as you notice a pattern:
- Dates and details of each incident, written down while your memory is fresh
- Performance reviews, before and after the alleged discrimination began
- Emails, texts, or messages referencing the decision or comments made
- Names of witnesses who saw or heard what happened
- Any internal complaint you filed and the employer’s response
You have the right to keep your own copies of anything related to your employment, and documenting everything early gives your attorney far more to work with later. If your employer’s internal complaint process is available, using it in writing can also protect you under California’s avoidable consequences doctrine, which can reduce damages if an employee unreasonably failed to use internal reporting procedures.
If you’re facing employee discrimination and are not sure whether your situation qualifies, you can contact Nabati Law for a confidential consultation to discuss your options.
Protecting Yourself Moving Forward
Employee discrimination cases are won or lost on documentation and timing. If you believe you have experienced discrimination, start a written record now, understand the deadlines that apply to you, and get familiar with your rights under FEHA before you decide on next steps. For workers in the Sacramento region specifically, Nabati Law’s Sacramento employment law page covers how these protections apply locally.
You can also read more about what counts as retaliation at work and what to do if you experience workplace harassment in California for related situations that often arise alongside employee discrimination claims.
If you’re dealing with workplace discrimination or retaliation in California, you can contact Nabati Law to discuss your situation.
This blog is for informational purposes only and does not constitute legal advice.
