A racist remark from a boss or a board member. A demotion after you complained. A workplace where everyone knows the rules do not apply to one person. California law protects you from discrimination, harassment and retaliation at work, at private companies and at public agencies.
FEHA lawsuit by MWD's chief of staff against the district and two board directors over slurs, threats, a leaked complaint and retaliation.
What the law protects
California’s Fair Employment and Housing Act (FEHA), Government Code § 12940, makes it unlawful for an employer to discriminate against an employee because of protected traits. These include race, color, national origin, ancestry, religious creed, sex, gender, gender identity and expression, sexual orientation, age (40 and over), physical or mental disability, medical condition, genetic information, marital status, reproductive health decisionmaking, and military or veteran status.
FEHA’s discrimination rules apply to employers with five or more employees. Its harassment rules apply to every employer, of any size. Cities, counties, water districts and other public agencies are covered.
Four kinds of claims
- Discrimination. You were fired, demoted, passed over, paid less or treated worse because of a protected trait (§ 12940(a)).
- Harassment. Slurs, insults, jokes or conduct based on a protected trait that make the workplace hostile (§ 12940(j)).
- Retaliation. Your employer punished you because you complained, helped an investigation, or opposed discrimination or harassment (§ 12940(h)).
- Failure to prevent. Your employer did not take all reasonable steps to prevent discrimination and harassment (§ 12940(k)).
One incident can be enough
Since 2019, California law says that a single incident of harassing conduct can be enough to take a hostile work environment claim to trial, if it unreasonably interfered with the employee’s work or created an intimidating, hostile or offensive workplace (Government Code § 12923(b)). A discriminatory remark is not excused because it was a “stray remark” (§ 12923(c)).
An employer can also be responsible for harassment by people who are not its employees, such as board members, clients or contractors, when it knew or should have known of the conduct and did not take immediate and appropriate corrective action (§ 12940(j)(1)).
Retaliation for reporting
Retaliation is often the strongest part of a case. After you report discrimination, harassment or a violation of law, your employer cannot cut your duties, move you out, give you a bad review, or fire you for it. California’s whistleblower law, Labor Code § 1102.5, also protects employees who report what they reasonably believe is a violation of law, at private and public employers.
The process and the deadlines
For most FEHA claims, you must first file a complaint with the California Civil Rights Department (CRD) and get a right-to-sue notice. Then you have a limited time to file the lawsuit. Some other claims against a public agency need a written government claim within months. Deadlines vary, and some are short. Call early, and we find the deadline that applies to you.
What you can recover
Depending on the claim: lost pay and benefits, future lost earnings, damages for emotional distress, and attorney’s fees and costs. Punitive damages are available against private employers in some cases, but not against public agencies (Government Code § 818).
What to do now
- Write down each incident: the date, what was said or done, who said it, and who saw it.
- Report it in writing, as your employer’s policy says. Keep a copy.
- Save your own texts, emails and performance reviews. Do not take confidential company documents you are not allowed to have.
- Keep doing your job well. Retaliation cases often turn on the change in how you were treated after you complained.
- Talk to a lawyer before you sign a separation or severance agreement.
What does it cost?
No fee unless we win. If we lose, you owe no fee and no costs.