Employment Discrimination Attorney in Burbank
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What California Law Actually Prohibits, and Whether It Covers You
California’s Fair Employment and Housing Act (Government Code § 12960) prohibits workplace discrimination across 19 protected categories and applies to any employer with five or more employees, making it one of the broadest state anti-discrimination laws in the country. Workers have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department (CRD), and filing with the CRD is required before any court lawsuit can proceed. An employment discrimination attorney in Burbank can help you meet those deadlines and build a record before evidence disappears.
FEHA covers every stage of the employment relationship: hiring decisions, pay, job assignments, promotions, discipline, and termination. If your employer has five or more employees and took an adverse action against you because of a protected characteristic, California law very likely gives you a legal claim worth evaluating.
Which Characteristics Does FEHA Protect?
Government Code § 12960 lists 19 protected categories. CRD lists the FEHA protected characteristics (race, religious creed, 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/veteran status, and reproductive health decisionmaking); the count of ~19 is a reasonable enumeration though sources vary in how they group items and no official source states exactly ’19’ [source]
One frequently overlooked protection: FEHA applies to workers regardless of their citizenship or immigration status. The CRD does not ask about immigration status when a complaint is filed. Undocumented workers in Burbank have the same right to file as any other employee.
If your employer has fewer than five employees, FEHA may not apply in the traditional sense. That does not necessarily mean you have no options, contact our Burbank employment lawyers to evaluate what other California or federal protections may cover your situation.
How California Decides Whether Discrimination Occurred
Not every workplace injustice is illegal, but FEHA’s standard is broader than most workers expect. Discrimination under § 12960 does not require proof that your protected characteristic was the only reason for an adverse action. It must have been a substantial motivating reason, one of several contributing factors is enough.
Adverse actions covered by FEHA include termination, demotion, reduction in pay, failure to promote, hostile changes to job duties, and constructive discharge (where working conditions become so intolerable that a reasonable person would feel forced to resign).
Direct evidence of discrimination is rare. Most cases rely on circumstantial evidence, which courts accept as sufficient. Common indicators include:
- A pattern of different treatment compared to employees outside your protected class in similar roles
- Remarks, comments, or jokes referencing a protected characteristic made by a supervisor or decision-maker
- Adverse action taken shortly after you disclosed a disability, pregnancy, or religious observance need
- Pretextual explanations: the employer’s stated reason shifts, is inconsistently applied, or is contradicted by performance records
- Disproportionate discipline for conduct that goes unpunished when committed by employees outside your protected class
Note: if the conduct is severe or pervasive enough to alter the terms and conditions of employment, it may support a separate harassment (hostile work environment) claim under FEHA as well. Harassment and discrimination are distinct legal theories, though they often arise from the same facts. Our Burbank sexual harassment lawyers handle both.
Illustrative example: A warehouse supervisor at a 40-person Burbank company is passed over for a lead position twice in one year. Both times, the role goes to a younger employee with less seniority. The supervisor’s manager has made comments at team meetings about wanting “high-energy” people in leadership. The supervisor, who is 54 and has an otherwise clean performance record, is later placed on a performance improvement plan for the first time in eight years, within six weeks of asking HR about the promotion decisions. This pattern, differential treatment, a manager’s age-coded comments, and a sudden PIP after the employee raised concerns, is the kind of circumstantial record a FEHA discrimination claim is built on. This is a hypothetical illustration, not a description of an actual client matter.
Deadlines Every Burbank Worker Must Know
Missing a filing deadline is one of the most common reasons otherwise valid discrimination claims cannot proceed. California’s process runs on two separate clocks.
The Two-Clock Problem: CRD Deadline and Court Filing Deadline
Step | Deadline | What Starts the Clock | Authority
|
|---|---|---|---|
File complaint with the CRD | 3 years from the discriminatory act | Date the act occurred (e.g., termination date, date of denied promotion) | Gov. Code § 12960; CRD |
Receive right-to-sue notice from CRD | CRD must issue within 1 year (individual) or 2 years (class/group complaint), effective Jan. 1, 2026 (SB 477) | Date CRD complaint is filed | SB 477; CRD complaint process |
File lawsuit in superior court | 1 year from the right-to-sue notice | Date the CRD issues the right-to-sue notice |
The practical danger: these clocks overlap. If you wait until month 33 of a 36-month window to file with the CRD, your one-year court-filing clock begins shortly after. You will have far less time to retain counsel, investigate the facts, and prepare a complaint. Filing early preserves options. Filing late eliminates them.
You do not have to wait for the CRD to complete its investigation before going to court. At the time you file your CRD complaint, you can request an immediate right-to-sue notice, which starts your one-year court window right away. Many workers who already have an attorney choose this path. If your situation may also involve wrongful termination, see our guide on wrongful termination in Burbank for how these claims interact.
What Happens After You File a Complaint with the CRD
Filing with the CRD is the required first step, but it does not mean you hand the case over and wait. Here is how the process works:
How to file: The CRD accepts complaints through five channels:
- Online through the California Civil Rights System (CCRS) at calcivilrights.ca.gov
- Email to contact.center@calcivilrights.ca.gov
- Phone at 800-884-1684
- By mail to a CRD office
- In person at a CRD office
If you begin drafting your complaint online but do not finish, the draft is saved in the CCRS system for 30 days. Do not let it expire without either completing or printing it.
What the CRD does next: Once a complaint is accepted, the CRD independently investigates, reviews the employer’s response and any submitted evidence, and may attempt to resolve the dispute through mediation. The CRD also has authority to take its own legal action against the employer, separate from anything you pursue individually.
What the CRD cannot help with: The CRD’s jurisdiction is limited to FEHA-covered discrimination, harassment, accommodation, and related claims. It cannot recover unpaid wages or address missed meal and rest breaks, those go to the Labor Commissioner’s Office. Workers’ compensation claims are handled by the Division of Workers’ Compensation. If your situation involves any of those issues alongside a discrimination claim, they require parallel filings with different agencies.
What You Can Actually Recover Under FEHA
Government Code § 12965 authorizes a prevailing employee to recover:
- Back pay: lost wages and benefits from the date of the discriminatory act to the date of judgment
- Front pay: future lost earnings when reinstatement is not feasible
- Emotional distress damages: compensation for pain, suffering, humiliation, and embarrassment
- Punitive damages: available when the employer’s conduct is malicious, oppressive, or fraudulent
- Attorney’s fees and litigation costs
- Expert witness fees
Unlike the federal Title VII framework, FEHA imposes no statutory cap on compensatory or punitive damages. A court may also order the employer to implement mandatory training for employees, supervisors, and management on FEHA requirements and internal grievance procedures. If your claim involves disability-based discrimination specifically, our disability discrimination attorneys can evaluate the full range of remedies available in those cases.
Employer Defenses to Watch For
A frequent employer tactic is to offer a non-discriminatory reason for the adverse action after the fact: a position was “eliminated,” a candidate was “more qualified,” or the termination was based on “performance.” Under FEHA’s substantial motivating reason standard, an employer’s stated reason does not automatically defeat a claim. If the explanation shifts over time, was applied inconsistently, or is contradicted by the employee’s documented record, a jury can find that the reason is a pretext for discrimination. Documenting the employer’s changing story from the beginning is one of the most important things you can do before an attorney is involved.
What This Means If You Were Passed Over, Demoted, or Fired in Burbank
If you believe a protected characteristic played a role in what happened to you, the three-year CRD deadline is real and it is already running. You do not need to wait for a formal HR decision or an internal investigation to conclude before you file. Preserve everything now: performance reviews, offer letters, text messages, emails, and the names of any witnesses who saw or heard relevant conduct. The CRD complaint is the gate to any court claim, and requesting an immediate right-to-sue notice at filing gives you maximum control over your timeline. An employment discrimination attorney can evaluate your record, identify the right legal theories, and file before the clock compresses your options. For a broader overview of how discrimination claims work across California, visit our California employment discrimination lawyers page.
Frequently Asked Questions
Does FEHA cover my employer if the company only has six employees?
Yes. Government Code § 12960 applies to employers with five or more employees, so a six-person company is covered.
I am not a U.S. citizen. Can I still file a FEHA complaint?
Yes. FEHA protects workers regardless of citizenship or immigration status, and the CRD does not ask about it when you file.
My HR department investigated and said nothing wrong happened. Does that end my claim?
No. An internal HR finding has no binding effect on a CRD investigation or a court. The CRD conducts its own independent investigation and reviews the employer’s evidence alongside yours.
How long do I have to file if I was just fired last week?
You have three years from the date of the discriminatory act to file with the CRD. Acting sooner is better: evidence is preserved, witness memories are fresher, and your one-year court-filing window (which begins when the CRD issues a right-to-sue notice) starts with more runway.
What is the difference between discrimination and harassment under FEHA?
Discrimination involves adverse employment actions (firing, demotion, pay cuts) motivated by a protected characteristic. Harassment involves conduct that is severe or pervasive enough to create a hostile work environment. Both are prohibited by Government Code § 12960, and both require a CRD filing before you can sue. They can arise from the same set of facts and be pursued together.
Can I sue for emotional distress if I was discriminated against but not fired?
Yes. FEHA’s remedies include emotional distress damages and are not limited to termination cases. Any adverse action in the terms or conditions of employment (a demotion, hostile reassignment, denial of reasonable accommodation) can support a claim, including damages for the emotional harm caused.
Disclaimer: This article is general legal information about California employment discrimination law and is intended for educational purposes only. It does not constitute legal advice, and reading it does not create an attorney-client relationship between you and Setareh Law Group or any of its attorneys. Every case depends on its specific facts, and outcomes vary. If you have a specific legal situation, consult a licensed California employment attorney before making any decisions.
Contact Setareh Law Group: If you believe you have experienced workplace discrimination in Burbank or anywhere in California, the attorneys at Setareh Law Group are available to evaluate your situation. We represent employees on a contingency basis in FEHA discrimination, harassment, and wrongful termination matters. Contact us to schedule a consultation and find out what your options are before a filing deadline passes.
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.
Sources and Additional Resources
Authoritative sources cited
- Fair Employment and Housing Act (Government Code § § 12960)
- California Civil Rights Department (CRD)
- CRD complaint process
- Gov. Code § 12965(c)(1)(C)
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