Workplace discrimination based on protected characteristics like race, gender, age, disability, or religion is illegal in California. If you're experiencing it, knowing the steps to take is crucial. This guide walks you through documentation, internal reporting, administrative filing, and your legal options.
Understanding What Qualifies as Discrimination
Under California's Fair Employment and Housing Act (FEHA), discrimination occurs when an employer treats an employee unfavorably because of a protected characteristic. Protected characteristics include:
- Race or color
- Religion or religious creed
- Sex (including pregnancy, childbirth, and related conditions)
- National origin or ancestry
- Physical or mental disability
- Age (40 and older)
- Genetic information
- Gender identity or gender expression
- Sexual orientation
- Military or veteran status
Discrimination can take many forms: denial of promotions, lower pay, unfavorable work assignments, exclusion from opportunities, discipline, or termination - all based on a protected characteristic.
Step 1: Document Everything
Documentation is the foundation of any discrimination claim. The more detailed your records, the stronger your case.
What to Document
- Dates and times: Record the exact date and time of each discriminatory incident
- What happened: Write a detailed description of the specific conduct or comment that was discriminatory
- Who was involved: Name the person(s) engaged in the discrimination and any witnesses present
- Context: Explain the circumstances and why you believe the conduct was discriminatory
- Impact: Describe how the conduct affected you and your work
- Prior similar incidents: Note if this is part of a pattern of behavior
Preserve Evidence
Keep copies of relevant documents, such as:
- Emails or messages related to the discrimination
- Performance reviews or evaluations (especially if they seem pretextual)
- Payroll records showing pay discrepancies
- Meeting notes or written communications
- Calendars or schedules showing different treatment
Step 2: Report Internally
File a Formal Complaint
Report the discrimination to your employer, typically through HR or following your company's complaint procedure. Provide a written complaint (email works) that includes:
- A clear description of the discriminatory conduct
- Dates and times of incidents
- Names of people involved and witnesses
- How the discrimination has affected your work or employment
- A request for investigation and resolution
Keep Records of the Report
Save a copy of your complaint and any response from the employer. If you report verbally, follow up with a written email summarizing what you said and when you said it.
What to Expect
Employers are legally required to investigate complaints of discrimination and take corrective action if discrimination is found. However, the quality of employer investigations varies widely. Even if the employer's investigation concludes no discrimination occurred, you retain your right to pursue external remedies.
Step 3: Consult an Employment Attorney
Discrimination claims can be complex, and professional guidance is valuable. An employment attorney can evaluate the situation, explain available options, and provide representation through the complaint and investigation process. The California Civil Rights Department (formerly the Department of Fair Employment and Housing) also receives discrimination complaints and investigates them.
Filing a Complaint
Complaints can be filed through several methods:
- Online: Through the CRD's online filing system
- By mail: Send a complaint to the nearest CRD office
- In person: Visit a local CRD office (addresses available on their website)
What Information to Include
The complaint should include:
- Your name, address, and contact information
- Your employer's name and address
- The names of individuals who discriminated against you
- Dates of the discriminatory conduct
- A detailed description of what happened
- The protected characteristic involved
- How the discrimination affected you
Filing Deadline
The deadline to file is generally one year from the date of the discriminatory conduct. However, in some circumstances, the deadline may be extended. Do not delay - file as soon as possible.
Step 4: CRD Investigation Process
Notice to Employer
The CRD will notify your employer of your complaint and request a response. The employer will be asked to provide evidence and an explanation.
Investigation
The CRD investigates the complaint, which may include interviews with you, the employer, and witnesses, as well as review of documents.
Determination and Resolution
The CRD may conclude that discrimination occurred, that there is insufficient evidence, or that the matter is outside its jurisdiction. If discrimination is found, the CRD may facilitate settlement negotiations or issue a notice allowing you to proceed with a private lawsuit.
Step 5: Consider Legal Action
Right-to-Sue Letter
Once the CRD investigation concludes, or after 6-12 months of processing, you may receive a "right-to-sue" letter allowing you to file a civil lawsuit in court. You do not have to wait for the CRD to complete its process - you can request a right-to-sue letter at any time after six months.
File a Civil Lawsuit
With a right-to-sue letter, a lawsuit may be filed against the employer for discrimination. Lawsuits may recover:
- Back pay and lost wages
- Compensatory damages for emotional distress
- Punitive damages (in cases of intentional discrimination or malice)
- Attorney's fees and costs
- Injunctive relief (court orders to stop discriminatory practices)
Consult an Employment Attorney
If discrimination is serious or involves significant damages, consult an employment attorney. Many work on contingency, meaning they don't charge upfront fees and recover their costs and fees from any settlement or judgment.
Important Protections Against Retaliation
California law prohibits retaliation against employees for reporting discrimination or filing a complaint. If you experience adverse action (termination, demotion, reduced hours, hostile treatment) after filing a discrimination complaint, that retaliation itself is illegal and can be reported separately.
Timeline Summary
- Immediately: Begin documenting discriminatory conduct
- As soon as possible: File an internal complaint with your employer
- Within one year: A complaint must be filed with the California Civil Rights Department
- 6-12 months after filing: CRD investigation concludes or you request a right-to-sue letter
- After right-to-sue letter: Option to file a civil lawsuit (typically 3-year statute of limitations from the discriminatory act)
Mediation as an Alternative
Before pursuing lengthy litigation, consider mediation. Many discrimination disputes can be resolved through confidential mediation if both parties are willing to engage. Mediation may result in faster resolution, workplace improvements, and outcomes that litigation alone cannot achieve.
The Bottom Line
If you're experiencing workplace discrimination, California law prohibits workplace discrimination and provides mechanisms for reporting and resolution. The key is to document, report, and take action within deadlines. Every situation is unique and outcomes depend on specific facts.
You're Not Alone
Discrimination claims are complex, and the process can be stressful. Whether you choose to pursue administrative action, litigation, or mediation, understanding your options and timeline is crucial to protecting your rights.