California Government Code 12940 FEHA
Dedicated Advocacy for Victims of Workplace Discrimination and Harassment Statewide
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California Government Code Section 12940 prohibits employers and related organizations from discrimination, harassment, and retaliation. It forms the foundation of California’s FEHA, offering broader protections than federal Title VII. For the full statutory text, see California Government Code § 12940.
Employees experiencing violations of Government Code 12940 commonly face:
- Adverse employment actions (termination, demotion, denial of promotion) based on protected characteristics
- Hostile work environments created by severe or pervasive harassment
- Retaliation after engaging in protected activity such as complaining about discrimination or requesting accommodations
At Setareh Law Group, we focus on FEHA enforcement and related employment claims. Schedule a free employment case evaluation today.
Why Understanding Government Code 12940 Is Important
Section 12940 creates enforceable rights against discrimination, harassment, and retaliation while imposing affirmative duties on employers to prevent and correct unlawful conduct. Unlike federal law, FEHA applies to employers with five or more employees, uses a broader definition of protected characteristics, and imposes a higher standard for denying reasonable accommodations. Knowledge of these protections allows employees to identify violations early and secure full remedies. For official enforcement guidance, visit the California Civil Rights Department Employment.
Key Aspects of Government Code 12940
The statute prohibits discrimination, harassment, and retaliation on the basis of protected characteristics and requires employers to engage in good-faith interactive processes for accommodations. Principal prohibitions and duties include:
- Discrimination in hiring, promotion, compensation, training, discipline, or termination because of race, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40+), sexual orientation, military or veteran status, or religious creed
- Harassment (including sexual harassment) that creates a hostile work environment
- Failure to prevent discrimination and harassment of which the employer knows or should have known
- Failure to provide reasonable accommodation for known physical or mental disabilities or religious beliefs/practices
- Retaliation against individuals who oppose unlawful practices, file complaints, testify, or assist in FEHA proceedings
- Refusal to engage in a timely, good-faith interactive process to identify effective accommodations
Employers must take all reasonable steps to prevent discrimination and harassment. The California Civil Rights Department (CRD) enforces FEHA and provides detailed regulations at CRD Regulations Employment.
The Purpose of Government Code 12940
Section 12940 exists to eliminate discrimination and harassment in employment and housing, promote equal opportunity, and ensure that individuals are judged on job-related qualifications rather than protected personal characteristics. It advances:
- Workplace fairness and inclusion
- Prevention of economic and emotional harm caused by bias
- Accountability through civil remedies, including compensatory and punitive damages
It works alongside federal laws (Title VII, ADA, ADEA) while providing stronger protections in many areas. Explore our employment discrimination attorney page for additional information.
Types of Violations Prohibited by Government Code 12940
The statute addresses several distinct categories of unlawful conduct.
Discrimination in Employment Decisions
Adverse actions motivated by protected characteristics. Common examples include:
- Termination or layoff targeting older workers (age 40+) – see our age discrimination attorney resources
- Denial of promotion due to pregnancy or gender – related to pregnancy discrimination
- Unequal pay or benefits based on race, national origin, or sexual orientation – see race discrimination at work
Harassment and Hostile Work Environment
Severe or pervasive conduct based on protected characteristics. This includes:
- Racial slurs, ethnic jokes, or derogatory comments
- Unwelcome sexual advances, comments, or physical conduct see our sexual harassment lawyer page
- Repeated misgendering or outing of transgender employees
Failure to Provide Reasonable Accommodation
Refusal to adjust work conditions for known disabilities or religious practices. Frequent issues involve:
- Denial of modified schedules, telework, or equipment for disabilities – see disability discrimination lawyer
- Refusal to allow religious dress/grooming or time off for observances
- Failure to engage in the required interactive process
Retaliation
Punishment for protected activity. Retaliation often appears as:
- Termination shortly after a discrimination complaint see workplace retaliation lawyer
- Demotion or undesirable reassignment after requesting accommodation
- Increased scrutiny or negative evaluations following opposition
Common Reasons for Government Code 12940 Disputes
Disputes usually stem from employer failures to recognize obligations or to respond appropriately.
Misunderstanding of Protected Characteristics
Employers apply narrow or incorrect definitions. Common problems include:
- Limiting “disability” to severe or permanent conditions
- Ignoring gender identity/expression or sexual orientation protections
- Dismissing religious creed claims that do not match major organized religions
Failure to Engage in Interactive Process
Employers deny requests without dialogue. Issues often involve:
- No meeting or discussion of alternatives
- Immediate rejection without exploring feasibility
- Placing undue burden on the employee to propose solutions
Inadequate Harassment Prevention
Employers tolerate or fail to correct harassing conduct. Examples include:
- Ignoring repeated complaints about slurs or advances
- No meaningful investigation or corrective action
- Retaliation against complainants
Retaliation Patterns
Adverse actions following protected activity. Concerns include:
- Timing suspiciously close to complaints or requests
- Shifting explanations for discipline
- Exclusion from opportunities after opposition
Who Is Protected and Covered by Government Code 12940?
Protection extends to employees, applicants, unpaid interns/volunteers, and certain independent contractors. Key coverage rules include:
Protected Individuals
Any person employed in California, including:
- Full-time, part-time, temporary, and seasonal workers
- Applicants for employment
- Unpaid interns and volunteers (since 2015 amendments)
Covered Employers
Employers with five or more employees. Coverage applies to:
- Private sector employers
- Public employers (with some exceptions)
- Labor organizations, employment agencies, and apprenticeship programs
Protected Characteristics
FEHA prohibits discrimination based on:
- Race, color, national origin, ancestry
- Physical disability, mental disability, medical condition
- Genetic information, marital status
- Sex, gender, gender identity, gender expression, sexual orientation
- Age (40 and older), religious creed
- Military or veteran status
How to Pursue a Claim Under Government Code 12940
Effective FEHA claims require timely administrative filing and strong documentation. Proper process preserves remedies.
File a Pre-Complaint Inquiry or Formal Complaint
Submit to the California Civil Rights Department (CRD) within three years of the discriminatory act. Filing includes:
- Completing the online intake form at CRD – File a Complaint
- Providing detailed narrative and supporting documents
- Requesting right-to-sue notice if pursuing civil action
Gather and Preserve Evidence
Collect documentation of discriminatory conduct or failures. This includes:
- Emails, performance reviews, and disciplinary records
- Witness statements from coworkers
- Accommodation requests and employer responses
Engage Legal Counsel Early
An experienced attorney evaluates viability and maximizes recovery. Counsel assists with:
- Preparing CRD complaints and right-to-sue notices
- Calculating economic and non-economic damages
- Negotiating pre-litigation resolutions
Proceed to Civil Litigation
After receiving a right-to-sue notice, file in superior court. Litigation involves:
- Drafting and serving a complaint
- Conducting discovery and depositions
- Presenting evidence at trial
Utilize Support Resources
Access guidance throughout the process. Resources include:
- California Civil Rights Department – File a Complaint
- EEOC – Filing a Charge (for dual-filed claims)
- Legal aid organizations and employee rights networks
How Our Lawyer Can Help You in California Government Code 12940 FEHA Violations
Navigating a Government Code 12940 FEHA claim requires expertise in protected characteristics, the interactive process, retaliation standards, and damage calculations. Our attorneys provide comprehensive support from initial consultation through resolution.
Immediate Case Assessment and Strategic Planning
We begin with a thorough review of your employment situation, documentation, and timeline. Early evaluation identifies viable claims and preserves remedies.
This step includes:
- Analysis of discrimination, harassment, or retaliation elements
- Evaluation of accommodation failures or interactive process violations
- Strategy development for CRD and/or civil litigation
Thorough Investigation and Evidence Preservation
Acting quickly secures critical records and witness accounts. We gather and organize proof to build a compelling case.
Our investigation includes:
- Emails, performance reviews, and HR communications
- Witness declarations and coworker statements
- Company policies, training records, and complaint files
Identifying All Liable Parties
FEHA violations can involve multiple responsible parties. We examine structures to maximize recovery.
This process involves:
- Reviewing supervisor and manager involvement
- Analyzing joint employer or parent company liability
- Checking insurance coverage and assets
Working with Experts
Specialists help prove damages and refute defenses. Experts strengthen claims significantly.
Experts may include:
- Vocational rehabilitation specialists for earning capacity losses
- Mental health professionals for emotional distress testimony
- Human resources experts on industry standards
Aggressive Negotiations
Employers often minimize liability or dispute facts. We negotiate firmly to secure fair value.
Negotiation efforts include:
- Presenting strong pattern and comparative evidence
- Demanding full economic and non-economic damages
- Pursuing attorney fees and costs
Litigation-Ready Representation
We prepare every case for trial from the outset. When settlement is inadequate, we advocate aggressively in court.
Litigation support includes:
- Filing superior court complaints
- Conducting discovery and depositions
- Presenting compelling evidence at trial
Full Compensation Advocacy
Our goal is to recover everything FEHA allows. We pursue all available remedies.
Compensation may include:
- Lost wages, benefits, and diminished earning capacity
- Emotional distress and mental health damages
- Punitive damages, penalties, reinstatement, and attorney fees
Compassionate Support Throughout the Process
We recognize the emotional and financial toll of discrimination and harassment. Our team provides clear guidance and steady support.
Client support includes:
- Regular updates on case progress
- Plain-language explanations of legal options
- Responsive assistance at every step
Compassionate Support Throughout the Process Applicability Across California
FEHA rights under Government Code 12940 apply statewide, protecting employees in all regions, froWe recognize the emotional and financial toll of discrimination and harassment.
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: California Government Code 12940 FEHA
What protected characteristics does Government Code 12940 cover?
Race, color, national origin, ancestry, disability (physical/mental), medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age (40+), religious creed, military/veteran status.
How many employees does an employer need to be covered by FEHA?
Five or more employees, which is lower than the federal threshold of 15 for Title VII.
How long do I have to file a FEHA claim?
Generally three years from the date of the discriminatory act to file with the CRD consult promptly to preserve evidence.
What is the interactive process?
The good-faith discussion between employer and employee to identify effective reasonable accommodations for known disabilities or religious practices.
Can I recover punitive damages under FEHA?
Yes, in cases of malice, oppression, or fraud, punitive damages are available against employers who engage in egregious conduct.
Will pursuing a FEHA claim cost me money upfront?
At Setareh Law Group, we handle most FEHA cases on contingency no fees unless we recover for you.
What happens during a free consultation for a FEHA claim?
We review your situation privately, explain your rights and potential remedies, and outline next steps without obligation.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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