California offers workers exceptionally strong protection against discrimination and harassment on the job. The Fair Employment and Housing Act (FEHA) covers more protected categories than federal law, applies a worker-friendly harassment standard, and gives employees a long window to file. This guide explains who and what FEHA protects, how the harassment standard works (including the clarifications of SB 1300), when an employer is liable, how to file a complaint with the Civil Rights Department and obtain a right-to-sue letter, the key deadlines, and the damages available.

This guide is general legal information, not legal advice. Discrimination and harassment claims are fact-intensive and deadline-driven. Before acting, consult an attorney licensed by the State Bar of California.

FEHA: California's anti-discrimination law

The Fair Employment and Housing Act (FEHA), Government Code § 12900 et seq., is the principal California law prohibiting workplace discrimination, harassment, and retaliation. Its anti-discrimination provisions generally apply to employers with five or more employees, while its harassment provisions apply to employers of essentially any size. FEHA is broader than the federal Title VII in both scope and coverage, which is why most California workers rely on it.

FEHA prohibits discrimination in hiring, firing, pay, promotion, training, and other terms of employment. It also requires employers to provide reasonable accommodation for disability and religion, and it forbids retaliation against employees who assert their rights or participate in investigations.

Protected categories

FEHA makes it unlawful to take an adverse employment action because of a worker's:

  • Race, color, ancestry, or national origin;
  • Religion or religious creed;
  • Sex, including pregnancy, childbirth, breastfeeding, and related medical conditions;
  • Gender, gender identity, and gender expression;
  • Sexual orientation;
  • Age (40 and over);
  • Physical or mental disability and medical condition;
  • Genetic information;
  • Marital status;
  • Military and veteran status;
  • Other characteristics protected by California law.

FEHA protects workers who are perceived to have a protected characteristic, or who are associated with someone who has one, even if the perception is mistaken.

The harassment standard and SB 1300

Harassment under FEHA includes unwelcome conduct based on a protected characteristic that creates a hostile work environment, as well as quid pro quo harassment, where job benefits are conditioned on submitting to unwelcome conduct.

California law sets a worker-friendly bar. SB 1300 (effective 2019) clarified the legislature's intent that harassment cases are rarely suitable for dismissal before trial and that a single incident can be enough to create a hostile work environment if it is sufficiently severe. The law makes clear that a plaintiff need not prove their productivity declined — only that the harassment made it more difficult to do the job. SB 1300 also limited the use of certain release and non-disparagement agreements as a condition of employment. The result is a standard that, in practice, is more protective of employees than the federal "severe or pervasive" test as applied in many other systems.

Disparate treatment and disparate impact

FEHA discrimination comes in two main forms. Disparate treatment is intentional discrimination — treating an employee worse because of a protected characteristic, such as refusing to promote someone because of their age or religion. Disparate impact is subtler: a policy or practice that appears neutral on its face but falls more harshly on a protected group and is not justified by business necessity. A blanket rule, a physical requirement, or a screening test can be unlawful under a disparate-impact theory even without any intent to discriminate, if it disproportionately screens out a protected group and is not job-related and consistent with business necessity. Most cases involve disparate treatment, but disparate impact remains an important tool, especially in hiring and promotion practices.

Pregnancy, disability, and medical conditions

California gives especially strong protection around pregnancy, disability, and medical conditions. It is unlawful to discriminate because of pregnancy, childbirth, breastfeeding, or related conditions, and California provides pregnancy disability leave and accommodation rights separate from other leave laws. The state's definition of disability is broader than the federal standard, so more conditions qualify for protection and accommodation. Medical conditions such as a history of cancer and genetic information are also expressly protected. Employers may not make decisions based on a worker's medical condition or disability, and must reasonably accommodate it through the interactive process unless doing so would cause undue hardship.

Employer liability

How an employer becomes liable depends on who did the harassing:

  • Supervisors. When a supervisor harasses an employee, the employer is generally strictly liable — meaning liability attaches regardless of whether the employer knew.
  • Coworkers and non-employees. When the harasser is a coworker (or a non-employee such as a client or vendor), the employer is liable if it knew or should have known of the harassment and failed to take immediate and appropriate corrective action.

FEHA also imposes an affirmative duty on employers to take reasonable steps to prevent harassment and discrimination, including providing required training. An employer's failure to investigate or to stop known harassment is itself a basis for liability.

Retaliation under FEHA

FEHA does more than ban discrimination and harassment — it also protects employees who speak up. It is unlawful for an employer to retaliate against a worker for opposing a practice forbidden by FEHA, for filing a complaint, for testifying in an investigation, or for assisting a coworker's complaint. Retaliation can take many forms beyond firing: a demotion, a pay cut, a sudden negative review, exclusion from meetings, an undesirable transfer, or a pattern of hostility can all qualify if they would deter a reasonable employee from complaining.

Retaliation claims frequently succeed even when the underlying discrimination claim is difficult, because the law protects your good-faith complaint regardless of whether the conduct you reported is ultimately found unlawful. As with other employment claims, timing matters: an adverse action that closely follows your complaint can support an inference of retaliation, particularly if the employer's explanation shifts or does not hold up.

Reasonable accommodation and the interactive process

FEHA requires employers to provide reasonable accommodation for a worker's known disability or sincerely held religious belief, unless it would impose an undue hardship. Equally important, the employer must engage in a good-faith interactive process — a timely, back-and-forth conversation to identify an effective accommodation. Reasonable accommodations can include modified duties, a flexible or reduced schedule, additional leave, ergonomic equipment, reassignment to a vacant position, or an exception to a policy. An employer that refuses to discuss accommodation, drags out the process, or fires an employee instead of accommodating a disability may violate FEHA independently of any discrimination claim. California's definition of disability is broader than the federal definition, so conditions that might not qualify under federal law are often covered here.

California statutes and authorities

Key authorities for discrimination and harassment claims include:

  • Government Code § 12940 — the core list of unlawful employment practices, including discrimination, harassment, retaliation, and the duty to prevent.
  • Government Code § 12923 — the legislative declarations from SB 1300 on the harassment standard.
  • Government Code § 12960 — the three-year deadline to file an administrative complaint.
  • Government Code § 12965 — the right-to-sue procedure and the one-year window to file suit.
  • Government Code § 12926 — definitions, including the broad definition of disability under California law.

The CRD complaint process and right-to-sue letter

FEHA is enforced by the Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH). Before filing a FEHA lawsuit, you generally must first file a complaint with the CRD and obtain a right-to-sue notice. The general process is:

  1. File a complaint with the CRD describing the discrimination, harassment, or retaliation. This can be done online.
  2. Choose your path. You may request an immediate right-to-sue notice so you can proceed directly to court, or you may ask the CRD to investigate.
  3. Investigation (if requested). The CRD may investigate, attempt to resolve the matter, and in some cases pursue the case itself.
  4. Receive the right-to-sue notice. When the CRD closes the file or you request immediate authorization, it issues the notice that lets you sue.
  5. File your lawsuit in California court within the deadline that runs from the right-to-sue notice.

Deadlines you cannot miss

Two deadlines matter most:

  • Three years to file with the CRD. Under Government Code § 12960, you generally have three years from the date of the unlawful act to file your administrative complaint. This is a much longer window than the federal system, but it is firm.
  • One year to file suit after the right-to-sue notice. Once you receive a right-to-sue notice, you generally have one year to file your lawsuit in court.

Because missing either deadline can end your case before it starts, it is wise to calendar them carefully and seek advice early.

The relationship between FEHA and federal law

Federal law — principally Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act — also bars workplace discrimination, and a worker may have parallel rights under both systems. But FEHA is generally more protective for California employees. It reaches smaller employers, covers more protected categories, applies a broader definition of disability, and gives a much longer window to file an administrative complaint. The federal system requires filing with its own agency on a shorter timeline, so workers who want to preserve federal claims must watch those separate deadlines. For most California employees, FEHA is the stronger and more practical avenue, but an attorney can identify whether pursuing federal claims in addition makes sense in your situation.

Damages and remedies

A successful FEHA claim can lead to a range of remedies, including:

  • Back pay and front pay for lost earnings;
  • Emotional distress damages;
  • Punitive damages where the employer acted with malice, oppression, or fraud;
  • Injunctive relief, such as policy changes, reinstatement, or accommodation;
  • Attorney's fees and costs, which FEHA allows a prevailing employee to recover — an important feature that makes representation accessible.

Documenting discrimination and harassment

Strong FEHA cases are usually built on contemporaneous evidence. If you believe you are experiencing discrimination or harassment, consider keeping a private record — stored somewhere other than a work device — of what happened, including dates, times, locations, who was present, and exactly what was said or done. Save relevant emails, texts, performance reviews, and policies. If your employer has a complaint procedure, using it in writing both gives the company a chance to fix the problem and creates a record that you reported it, which can be important if retaliation follows.

You generally do not need to resign to preserve a claim, and in many situations staying employed while you document the conduct and seek advice is the stronger course. Because every situation is different, and because how and when you complain can affect your rights, it is wise to talk with an attorney about strategy before taking major steps.

Frequently asked questions

Does FEHA cover small employers?

For most discrimination claims, FEHA applies to employers with five or more employees. For harassment claims, FEHA applies to employers of essentially any size, so even very small employers can be liable for harassment.

Can a single incident be harassment?

Yes. California law, as clarified by SB 1300, recognizes that a single sufficiently severe incident can create a hostile work environment. You do not need a long pattern in every case.

Do I have to file with the CRD before I sue?

Generally yes. You must file a complaint with the Civil Rights Department and obtain a right-to-sue notice before bringing most FEHA lawsuits. You can request an immediate right-to-sue notice if you want to go straight to court.

How long do I have to file?

You generally have three years from the unlawful act to file your administrative complaint with the CRD, and then one year from the right-to-sue notice to file suit in court.

Can I recover attorney's fees?

Yes. FEHA allows a prevailing employee to recover reasonable attorney's fees and costs, which helps make legal representation possible even for workers of modest means.

Talk to a California discrimination and harassment attorney

FEHA cases are powerful but deadline-driven, and early documentation often makes the difference. An attorney can help you preserve evidence, navigate the CRD process, and decide whether to request an immediate right-to-sue notice. Our directory lists attorneys licensed by the State Bar of California across all 58 counties — free to browse, with no obligation.

For the broader context, see the California employment law overview, and if you lost your job, read our guide on wrongful termination in California.