California has some of the strictest and most comprehensive workplace anti-discrimination laws in the United States, designed to ensure employees are not treated unfairly based on race, gender, age, religion, disability, or other protected characteristics. These laws place significant responsibilities on employers, and even minor oversights in policy or enforcement can expose companies to serious legal and financial risks.
Attorney Paul P. Cheng, Esq., a former prosecutor and prominent trial attorney in Southern California, examines California’s legal framework on workplace discrimination from both the employer and employee perspectives. He explores common disputes and preventative measures to help companies operate within the law and empower employees to understand and defend their rights.
Paul P. Cheng emphasizes that compliance is not just about avoiding lawsuits — it’s also about fostering a healthy corporate culture, maintaining team morale, and protecting the company’s reputation. Notably, Cheng recently secured a verdict of over $6 million in a labor law case, highlighting the high stakes involved and reminding employers that labor laws are not minor details — they are critical to a company’s survival.
The Impact of Discrimination and Legal Protections
Workplace discrimination can have a lasting impact on employees, particularly when it leads to termination, harassment, or retaliation after filing complaints. Both federal and California state laws strictly prohibit employers from discriminating based on race, religion, color, national origin, sex, gender identity, sexual orientation, physical or mental disability, medical condition, age, and military status, among other protected characteristics.
Filing a Complaint in California
Before filing a lawsuit, California law requires employees to file a formal complaint with the California Civil Rights Department (CRD) — formerly known as the DFEH. Employees may also file a dual complaint with the U.S. Equal Employment Opportunity Commission (EEOC).
To obtain a Right to Sue Notice, employees can either:
- Request it immediately and skip the agency’s investigation; or
- Wait for the CRD or EEOC to complete their investigation before proceeding.
Important deadlines apply: complaints must be filed within one year of the discriminatory act with CRD, or within 300 days with the EEOC. Missing these deadlines may forfeit the right to sue.
Once the Right to Sue Notice is issued, a lawsuit can be filed in the California Superior Court of the jurisdiction where the discrimination occurred. Employers must respond upon receiving the complaint, and the case may go to trial or be settled out of court.
Cheng notes that many employers choose to settle before trial to avoid large payouts and negative publicity. If the case proceeds to trial, a judge or jury will determine whether discrimination occurred and what compensation is appropriate.
Legal Standards and Compensation for Workplace Discrimination
Under Title VII of the Civil Rights Act and California’s Fair Employment and Housing Act (FEHA), three key elements must be proven to establish workplace discrimination:
- The employee belongs to a protected class.
- The employer took adverse action (e.g., firing, demotion, denial of promotion) because of that classification.
- A connection exists between the adverse action and a discriminatory motive.
Federal law applies to companies with 15 or more employees, while California law applies to companies with 5 or more employees, including part-time staff.
Discrimination can occur in various employment areas, including hiring, pay, training, promotions, and termination. Employers must also provide reasonable accommodations for disabled employees. Retaliation against employees for reporting discrimination is strictly prohibited and may result in additional legal liability.
If an employee wins the case, compensation may include:
- Economic damages (e.g., back pay, bonuses, benefits)
- Emotional distress damages
- Punitive damages (in cases of malicious or reckless discrimination)
- Attorney’s fees and legal costs
Protection Against Retaliation
Many employees hesitate to take legal action due to fear of retaliation. However, both federal and California law (FEHA) not only prohibit workplace discrimination but also strictly forbid any retaliatory actions against employees who report such behavior. This means firing or punishing an employee for reporting discrimination is illegal and actionable.
Signs of Possible Discrimination
Because workplace discrimination can be subtle, employers often provide seemingly legitimate reasons for their actions and may avoid leaving written records. However, the following signs could indicate discriminatory behavior:
- Sudden negative performance reviews
- Being passed over for promotions despite being qualified
- Unexplained changes in job duties
- Inconsistent standards applied to different groups of employees
- Being excluded from key meetings or opportunities
Potential Compensation for Victims
Employees who prove discrimination may be eligible for:
- Back pay and interest
- Unpaid bonuses
- Lost income from missed promotions
- Lost retirement benefits
- Lost health insurance coverage
- Emotional distress compensation
- Damages for pain and suffering
- Legal fees and court costs
The total compensation awarded depends on the severity of the discrimination, actual damages suffered, and whether workplace harassment was involved.
Contact Us
If you have questions about California’s workplace discrimination laws, our experienced legal team is here to help defend your rights. You can fill out our online contact form, call us at 888-356-4937, or email our legal team at info@pprclaw.com.