Workplace discrimination affects countless employees each year in California and across the country. Despite decades of progress, employees and applicants still encounter unlawful discrimination in the workplace.
This guide explains your legal protections. We outline common discrimination forms. You’ll learn about available remedies when employers violate your rights.
When discrimination occurs, it can be devastating. You may notice unfair treatment in hiring, promotion, pay, or the conditions of employment. You may also experience harassment in the workplace that makes daily work unbearable. In either situation, the law provides protections against discrimination, retaliation, and harassment.
The Foundation of Anti-Discrimination Protections
Modern employment law developed through decades of advocacy and legislation. Several key statutes create a network of protections that prohibit discrimination based on race, sex, age, disability, national origin, pregnancy, and more. Together, these laws protect employees and applicants from unlawful employment practices and discriminatory employment decisions.
Federal Civil Rights Laws
The Civil Rights Act of 1964 prohibits employment discrimination. Title VII targets discrimination based on race, color, religion, sex, or national origin. This applies to employers, employment agencies, and federal agencies. Following the Supreme Court’s decision in Bostock v. Clayton County (2020), Title VII also prohibits employment discrimination based on gender identity or sexual orientation. The U.S. Equal Employment Opportunity Commission (EEOC) enforces civil rights laws. This federal agency investigates workplace discrimination complaints nationwide.
Other federal protections include:
The Age Discrimination in Employment Act of 1967 (ADEA): This law prohibits age discrimination against individuals aged 40 and older. ADEA applies to employers with 20 or more employees.
The Americans with Disabilities Act (ADA): This statute prohibits employers from discriminating against employees or applicants with disabilities and requires reasonable accommodations.
The Pregnancy Discrimination Act (PDA): This law prohibits employment discrimination based on pregnancy, childbirth, or related conditions.
The Equal Pay Act of 1963: This federal statute, which applies to employers covered by the Fair Labor Standards Act, prohibits sex-based wage discrimination and requires equal pay for equal work on jobs requiring equal skill, effort, and responsibility under similar working conditions.
State Law Protections in California
California’s protections reach quite a bit beyond what federal civil rights laws provide. The state crafted the Fair Employment and Housing Act (FEHA) to prohibit discrimination against employees in every stage of the employment relationship, from recruiting to termination. Unlike Title VII, which applies to employers with 15 or more workers, FEHA covers employers regularly employing five or more persons. This lower threshold means smaller workplaces cannot escape accountability.
How FEHA Defines Protected Categories
FEHA explicitly bans discrimination against individuals based on categories not always addressed under federal law. In addition to race, religion, sex, and national origin, California law shields marital status, gender identity, gender expression, ancestry, medical condition, genetic information, and sexual orientation. Pregnancy and childbirth are included as well, with specific provisions preventing retaliation against employees requesting accommodations. California courts have also made clear that harassment in the workplace, even when committed by non-employees like vendors or customers, creates employer liability if ignored.
Retaliation and Adverse Employment Decisions
California law prohibits employers from punishing workers who report discrimination or harassment. Retaliation claims under FEHA have become one of the most frequently litigated areas of labor and employment. An adverse employment decision typically includes demotion, wage reduction, job reassignment, or discharge. The statute ensures that once you step forward with a discrimination complaint, employers cannot shield themselves by disguising retaliation as business judgment. Courts analyze timing, patterns, and internal communications to expose unlawful motives.
How California Enforces the Law
The California Civil Rights Department (CRD). Unlike the federal Equal Employment Opportunity Commission, which often focuses on systemic cases, the CRD investigates individual complaints aggressively. Every complaint receives evaluation, and if probable cause exists, the agency can pursue litigation on behalf of the worker. However, in most cases, the CRD will only issue a right-to-sue notice, empowering you to file in state court where broader remedies are available than under federal civil rights act provisions.
Expansive Remedies for Victims of Discrimination, Harassment and Retaliation
California remedies extend beyond back pay and reinstatement. Courts can order training programs leading to employment equity, mandate changes to an employer’s equal employment opportunity policy, and impose civil penalties. The law provides for compensatory and punitive damages without the caps that limit federal awards. This means employers face significant financial and reputational consequences when they discriminate against employees and applicants or ignore workplace harassment.
By holding even small employers accountable and offering remedies uncapped by federal limits, California ensures workers can challenge unfair terms and conditions of employment with confidence.
What Workplace Discrimination Looks Like
Discrimination often hides behind seemingly neutral employment actions. Employers rarely provide a clear admission that a decision was discrimination based, but patterns and circumstances reveal the truth.
Discrimination in Hiring and Promotion
Employers cannot refuse to hire or promote qualified employees and applicants because of race, gender, age, disability, or national origin. If a more qualified candidate is repeatedly passed over while less qualified candidates outside the protected category are chosen, this may violate federal and state laws.
Wage Discrimination
The Equal Pay Act and California equal employment opportunity laws prohibit wage discrimination. Employers cannot pay women less than men for equal work under similar conditions of employment. Sex-based wage discrimination remains widespread despite decades of legal protection.
Workplace Harassment
Harassment in the workplace can create a hostile work environment. Harassment includes sexual harassment, verbal abuse, offensive jokes, or unwanted physical contact. Both federal and state law prohibit harassment and hold employers responsible for stopping it.
Retaliation After Reporting Discrimination
Reporting discrimination should never cost you your career. Yet retaliation remains one of the most common violations. If you report harassment or discrimination and suddenly face an adverse employment decision, the law protects you. Retaliation includes demotion, loss of hours, shift changes, or termination.
How Federal and State Agencies Enforce the Law
Enforcement begins with a discrimination complaint. Employees who believe discrimination occurred can file a complaint with the EEOC or the California Civil Rights Department (formerly the Department of Fair Employment and Housing). Both agencies enforce federal and state laws that prohibit discrimination based on various protected categories.
The EEOC enforces federal equal employment opportunity laws. This federal agency investigates discrimination and harassment complaints, determines whether a violation of the fair employment laws occurred, and may sue employers in federal court. Similarly, California enforces state anti-discrimination laws through the Civil Rights Department.
Employees and applicants who file complaints receive protection against retaliation. Federal and state law prohibit employers from punishing workers for asserting their rights or participating in an investigation.
Legal Standards and Burden of Proof
Courts and agencies apply precise frameworks when evaluating whether discrimination against employees and applicants violates state and federal law. These standards determine who carries the burden of proof, how evidence must be presented, and when the balance shifts between employee and employer.
The McDonnell Douglas Burden-Shifting Framework
Discrimination claims are evaluated by Courts based on the McDonnell Douglas test, first articulated by the U.S. Supreme Court in 1973. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), established this framework which creates a three-stage analysis:
Prima facie case: You must show that you belong to a protected category, were qualified for the job, suffered an adverse employment decision, and the circumstances give rise to an inference of discrimination.
Employer’s response: The employer then must articulate a legitimate, nondiscriminatory reason for its actions, such as documented performance issues or restructuring.
Pretext: You may rebut the employer’s explanation by proving it is false, inconsistent, or unsupported by the record, demonstrating the true motive was unlawful discrimination.
Courts assess credibility by comparing documented evaluations, disciplinary records, and the treatment of similarly situated employees. Evidence showing shifting justifications or deviations from established equal employment opportunity policy can be decisive.
Direct Evidence vs. Circumstantial Evidence
Direct evidence, like discriminatory remarks tied to employment actions, creates a powerful presumption against the employer. When direct evidence is lacking, courts allow circumstantial proof, including statistical disparities in terms and conditions of employment, deviations from standard labor and employment practices, or patterns of adverse decisions impacting members of a protected group.
Role of Agencies and Laws Enforced
The federal Equal Employment Opportunity Commission enforces federal civil rights act standards, while California’s Civil Rights Department enforces FEHA. Each agency applies these burdens carefully, investigating whether the employer’s defense holds or whether the evidence reveals unlawful intent that prohibits discrimination against employees.
Remedies Available to Employees
Both California law and EEOC laws provide broad relief, but California remedies often go further in scope and impact.
Monetary and Career-Based Remedies
Reinstatement or promotion puts you back in the position you were denied, restoring lost opportunities and career growth.
Back pay covers wages and benefits lost from the date discrimination occurred until judgment.
Front pay addresses future lost income when reinstatement is not realistic, often because the workplace remains hostile.
Compensatory damages cover emotional distress and the personal toll of discrimination or harassment.
Punitive damages punish employers who acted with malice or reckless disregard for your rights.
Structural and Policy Remedies
Courts may order employers to revise workplace policies, create or enforce equal employment opportunity training, and issue clear guidance on employment practices. Judges can also require employers to adopt written equal employment opportunity policies and monitor compliance to prevent repeat violations.
Federal contractors face oversight through the Office of Federal Contract Compliance Programs (OFCCP). However, the current administration’s FY2026 budget has eliminated all funding for OFCCP, effectively dismantling the agency and transferring enforcement of Section 503 of the Rehabilitation Act to the EEOC and VEVRAA oversight to the Veterans’ Employment and Training Service (VETS).
Why Remedies Matter
These remedies are not theoretical. They directly impact your financial recovery, your career path, and the conditions of employment for you and others. By holding employers accountable, the law ensures that results in an adverse employment decision cannot be excused as business judgment. Instead, remedies protect your rights, deliver compensation, and create systemic change that laws also protect for every worker moving forward.
Key Protections Under Specific Laws
Workplace Discrimination Legal Guide and Title VII
Title VII of the Civil Rights Act remains the cornerstone of federal employment protections. This statute prohibits employers from making employment decisions based on race, color, religion, sex, or national origin. Title VII of the Civil Rights Act applies to most employers with 15 or more employees, including federal employees, state agencies, and employment agencies.
The Age Discrimination in Employment Act
The ADEA prohibits employment discrimination based on age for individuals 40 and older. Employers cannot force retirement, deny promotions, or make employment eligibility decisions based on age.
The Americans with Disabilities Act
This statute prohibits employers with 15 or more employees from discriminating against employees or applicants with disabilities and requires reasonable accommodations. Under the ADA, an employer may face liability for discrimination if it refuses accommodations or discriminates against employees with medical conditions.
The Fair Employment and Housing Act
California’s FEHA prohibits discrimination and harassment laws that go beyond federal employment discrimination laws. FEHA protects employees and applicants across many categories, prohibits discrimination based on sexual orientation or gender identity, and prohibits employment discrimination based on race, disability, age, and more.
Reporting Discrimination and Taking Action
Reporting discrimination can feel overwhelming, but taking action protects not only your rights but also the rights of others. To strengthen your case:
Document the events, conversations, and adverse employment decisions that show discrimination occurred.
Save relevant emails, performance reviews, or employment actions that reveal unfair employment practices.
File a discrimination complaint with the EEOC or the California Civil Rights Department within the required deadlines.
Federal and state laws provide protections against discrimination and retaliation throughout the complaint process. When you report discrimination, you create a record that agencies can use to investigate and enforce federal civil rights.
Why Legal Guidance Matters
Employment discrimination cases involve complex layers of federal and state law. Multiple statutes overlap, and agencies like the EEOC enforce federal equal employment opportunity laws while California enforces FEHA. Determining which law applies and how to pursue remedies requires careful evaluation.
Our role is to guide you through these laws, protect employees who face discrimination or harassment, and ensure employers are held accountable. If you faced discrimination based on race, sex, age, disability, pregnancy, or another protected category, legal action can provide protection and meaningful remedies.