Employment Discrimination Attorney in San Diego
Fighting for San Diego employees who have faced unfair treatment, bias, and discriminatory workplace practices.
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San Diego’s workforce spans biotechnology, defense, healthcare, and hospitality. Workers in these industries often face unique forms of workplace discrimination. An experienced Discrimination Attorney in San Diego can help employees protect their rights when employers violate California labor laws. Setareh Law Group has represented California employees for over 25 years, holding employers accountable under the Fair Employment and Housing Act (FEHA).
If you believe your employer discriminated against you based on race, age, disability, pregnancy, or gender, you have legal rights. This page explains how discrimination claims work in San Diego, what deadlines apply, and how Setareh Law Group can help.
Key Takeaways for San Diego Workers
- Most common discrimination claims in San Diego: Disability, age, race, and pregnancy discrimination.
- Where cases are filed: San Diego Superior Court Central Division, 330 W Broadway, San Diego, CA 92101.
Statute of limitations: Three years from the last discriminatory act under California Government Code § 12960.
Geographic Transparency Block
Our office is located in Beverly Hills at 420 N Camden Dr, Beverly Hills, CA 90210, approximately 120 miles from San Diego. We represent San Diego workers through phone, video conferences, and in‑person meetings at the San Diego Superior Court or by appointment. We serve all of California from this single physical office.
Entity Attribute Value Statement
Setareh Law Group is an employment law firm founded in 1999 by Chaim Shaun Setareh (California Bar #204514), headquartered at 420 N Camden Dr, Beverly Hills, CA 90210, representing employees throughout California in wrongful termination, harassment, and retaliation matters.You can verify his bar status through the State Bar of California attorney search.
Major Employers in San Diego
Employer | Industry | Local Employees |
UC San Diego (including UC San Diego Health) | Healthcare, Education, Research | 35,000+ |
Sharp Healthcare | Healthcare | 18,000+ |
Scripps Health | Healthcare | 15,000+ |
Qualcomm | Technology / Semiconductors | 12,000+ |
Naval Base San Diego | Defense / Military | 35,000+ |
Did My Employer Discriminate Against Me?
Many workers in San Diego are unsure whether their employer’s conduct crosses the line into illegal discrimination. Discrimination occurs when an employer takes adverse action against you because of a protected characteristic not because of performance or misconduct. To better understand your situation, you might review what qualifies as wrongful termination, as many discrimination claims overlap with wrongful termination.
Common signs of employment discrimination include:
- You were fired, demoted, or passed over for promotion despite good performance reviews.
- You are paid less than coworkers of a different race, gender, or age who do the same job.
- Your employer makes negative comments about your age, race, religion, or disability.
- You are assigned undesirable shifts or locations after announcing a pregnancy or disability.
- Your employer refuses to accommodate a disability or religious practice.
- You are subjected to harassment or hostile comments based on a protected characteristic.
Protected Characteristics Under California FEHA
The California Fair Employment and Housing Act (FEHA) Government Code § 12940 protects employees from discrimination based on specific characteristics. Unlike federal law, FEHA applies to employers with five or more employees. A skilled Discrimination Attorney in San Diego can help workers understand their rights and take legal action against unlawful workplace discrimination.
Protected characteristics under FEHA include:
- Race, color, and national origin (including ancestry and accent)
- Religion and religious dress/practice
- Age (40 and over)
- Disability (physical, mental, and medical conditions)
- Gender, gender identity, and gender expression
- Sexual orientation
- Pregnancy, childbirth, and related medical conditions
- Marital status
- Military and veteran status
Understanding these protected classes is critical. For a deeper look, see our guide on which workers are protected by anti-discrimination laws.
How Much Time Do I Have to Sue My Employer After Facing Discrimination?
Missing deadlines is one of the most common reasons discrimination claims fail. California and federal laws have strict time limits.
California FEHA (CRD complaint): 3 years from the last discriminatory act California Government Code § 12960 .
Federal EEOC charge: 300 days from the discriminatory act for Title VII of the Civil Rights Act , ADEA, or ADA claims.
Lawsuit filing after right‑to‑sue notice: 1 year from the date the CRD or EEOC issues a right‑to‑sue notice.
If you miss these deadlines, you permanently lose the right to sue your employer. Contact an attorney immediately after discrimination occurs. If you’ve already been fired, learn about the wrongful termination statute of limitations in California .
What Damages Can I Claim in an Employment Discrimination Lawsuit?
California law allows discrimination victims to recover significant damages. Unlike federal law, FEHA has no cap on emotional distress or punitive damages.
Monetary damages from an employment discrimination case may include:
- Lost wages and benefits (back pay): Wages you would have earned from the date of discrimination to the date of judgment.
- Front pay: Future lost wages if you cannot return to the same job.
- Emotional distress damages: Compensation for anxiety, depression, humiliation, and loss of sleep caused by discrimination.
- Punitive damages: Additional damages to punish the employer for malice, oppression, or fraud.
- Attorney’s fees and court costs: The employer pays your legal fees if you win.
Example: In 2023, Setareh Law Group secured over
2.5 million in sexual harassment cases. Individual results vary. To see how cases settle, review wrongful termination settlements in California .
Can My Employer Terminate Me For Filing a Discrimination Claim?
No. Retaliation for filing a discrimination complaint is illegal under California Government Code § 12940(h). If your employer fires, demotes, harasses, or retaliates against you after you report discrimination, you have a separate retaliation claim. Learn more about retaliation after filing a complaint and your legal options.
Here are some protected actions:
- Filing a complaint with HR about discrimination or harassment.
- Filing a charge with the CRD (Civil Rights Department) or EEOC.
- Participating in an employer investigation of discrimination.
- Asking for a reasonable accommodation for a disability or religious practice.
- Refusing to follow an order that would result in discrimination.
- Telling a coworker you plan to contact a lawyer about discrimination.
If your employer takes adverse action against you for any of these reasons, you can sue for retaliation in addition to your original discrimination claim. You may also have grounds for constructive dismissal if you were forced to quit.
Employment Discrimination Cases We Handle in San Diego
Setareh Law Group handles all types of discrimination cases under FEHA and federal law. Below are the most common cases we see in San Diego:
Pregnancy Discrimination
Employers may not fire, demote, or deny light duty to pregnant workers. Under CFRA (Gov. Code § 12945), employers with five or more employees must provide up to four months of pregnancy disability leave and reinstatement rights. Read more about wrongful termination during pregnancy .
Race and National Origin Discrimination
Discrimination based on race, color, or ancestry is illegal. This includes unequal pay, different shift assignments, “English‑only” policies, and harassment based on accent or perceived immigration status (Gov. Code § 12940(a)). The U.S. Commission on Civil Rights provides additional context on national origin discrimination.
Age Discrimination (40 and Over)
California protects workers age 40 and older. Age discrimination includes forced retirement, performance improvement plans targeting older workers, termination followed by hiring younger workers, and age based comments. (Gov. Code § 12940(a))
Gender Discrimination and Sexual Harassment
Gender discrimination includes unequal pay, exclusion from opportunities, and different job assignments based on gender stereotypes. Sexual harassment includes quid pro quo harassment and hostile work environment claims (Gov. Code § 12940(a) and § 12940(j)). Our firm handles workplace sexual harassment cases across San Diego.
LGBTQ+ Discrimination
FEHA prohibits discrimination based on sexual orientation, gender identity, and gender expression. This includes refusal to use correct pronouns, denial of bathroom access, termination after coming out, and harassment.
Disability Discrimination
Employers must provide reasonable accommodations for workers with disabilities. Denial of accommodation, failure to engage in the interactive process, or termination based on disability are all illegal (Gov. Code § 12940(m) and § 12940(f)). Review ADA accommodations at work to understand your rights.
Religious Discrimination
Employers must accommodate sincerely held religious beliefs unless doing so causes undue hardship. Religious discrimination includes refusal to accommodate dress, grooming, or prayer schedules, as well as harassment based on religion.
How Do I File an Employment Discrimination Claim in California?
Filing a discrimination claim requires following specific steps. An attorney can handle all of this for you, but here is the process:
Step 1: Document everything dates, times, names, witnesses, emails, texts. Keep copies outside of work.
Step 2: Report internally to HR or a manager in writing. Keep a copy of your complaint.
Step 3: File a complaint with the California Civil Rights Department (CRD). You have three years from the discriminatory act.
Step 4: The CRD will investigate, mediate, or issue a right to sue notice. You have one year from the right to sue notice to file a lawsuit.
Step 5: Your attorney files a lawsuit in the San Diego Superior Court Central Division, 330 W Broadway, San Diego, CA 92101 or in federal court.
Must I File a Complaint With the EEOC Before Suing My Employer?
That depends on your employer and the type of discrimination claim.
If your employer has 15+ employees and you want to file a federal claim under Title VII, ADEA, or ADA:
- Yes, you must file a charge with the EEOC within 300 days of the discriminatory act.
- The EEOC will investigate and issue a right to sue notice.
- You then have 90 days to file a federal lawsuit.
If you file only a California FEHA claim:
- You file with the CRD (not the EEOC) within three years.
- You do not need an EEOC charge for FEHA claims.
- Your attorney can file in state court (San Diego Superior Court).
What is an Employment Discrimination Class Action?
A class action allows a group of employees who suffered similar discrimination to sue together as one case. This is common when an employer has a policy or practice that discriminates against many workers. An experienced Discrimination Attorney in San Diego can help employees pursue class action claims and hold employers accountable for widespread workplace discrimination.
Class actions in discrimination cases may apply when:
- An employer uses a hiring test that disproportionately excludes workers of a certain race.
- An employer has a policy of denying accommodations to all disabled workers.
- An employer systematically pays women less than men for the same work.
- An employer retaliates against multiple workers who filed complaints.
Local Facts San Diego County
Fact 1: The San Diego Superior Court’s Central Division at 330 W Broadway handles all civil employment cases for San Diego County. Approximately 400 employment cases are filed annually.
Fact 2: The nearest DLSE (Labor Commissioner) office for San Diego workers is at 7575 Metropolitan Dr, Suite 213, San Diego, CA 92108.
Fact 3: The San Diego Imperial Counties region saw a 22% increase in FEHA discrimination filings between 2022 and 2024, driven by healthcare and logistics sectors. (Source: CA Civil Rights Department)
Why Setareh Law Group Handles San Diego Discrimination Cases
- Over $1 billion recovered for California workers since 1999, including class action and individual discrimination cases.
- 25+ years of employment law experience. Founding attorney Chaim Shaun Setareh (Bar #204514) has practiced exclusively in employment law since 1999.
- Named third party recognitions: Super Lawyers, Best Lawyers, CAALA.
- Licensed in all California federal courts, including the Southern District of California (San Diego).
- Spanish‑speaking staff available (Hablamos Español).
- Contingency fee No win, no fee. You pay nothing upfront. If we do not recover for you, you owe us nothing.
Areas We Serve Across California
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: Employment Discrimination Attorney in San Diego
Q: What is the first sign that my employer is discriminating against me?
Sudden negative performance reviews, exclusion from meetings, shift changes, or termination after you announce a pregnancy, request disability accommodation, or complain about unfair treatment. These patterns often indicate discrimination.
Q: Can I sue my San Diego employer if I am still working there?
Yes. You do not need to be fired to file a discrimination claim. Harassment, unequal pay, denial of promotion, or hostile work environment are all actionable even if you still have your job.
Q: Does California protect me if my employer discriminates against me for being transgender?
Yes. FEHA explicitly prohibits discrimination based on gender identity and gender expression. This includes refusal to use correct pronouns, denial of bathroom access, harassment, or termination.
Q: What is the difference between harassment and discrimination under California law?
Discrimination is unequal treatment in hiring, firing, pay, or promotions. Harassment is unwanted conduct based on a protected characteristic that creates a hostile work environment. Both are illegal under Gov. Code § 12940.
Q: Can my employer force me to sign a waiver of my discrimination claims?
You can sign a waiver, but California law requires that you be given reasonable time to review it and consult an attorney. Many waivers are negotiable. Do not sign without legal advice.
Q: How does the CRD investigation process work in San Diego?
After you file a complaint, the CRD may investigate, mediate, or issue a right to sue notice. Most cases receive a right to sue notice within 6 to 12 months, allowing you to file a lawsuit.
Q: Can I file a discrimination claim against a small employer in San Diego?
FEHA applies to employers with 5 or more employees for discrimination claims. For harassment claims, FEHA applies to employers with just 1 employee. Federal laws apply to employers with 15+ employees.
Q: How long does a discrimination lawsuit take in San Diego Superior Court?
Most cases take 12 to 24 months from filing to resolution. Many settle during mediation or after key depositions. Some cases resolve faster; complex class actions take longer.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: 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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