Los Angeles Employment Discrimination Attorney
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What California's FEHA Means for Los Angeles Workers Right Now
California’s Fair Employment and Housing Act, codified at Government Code § 12940, is the most powerful workplace discrimination law available to Los Angeles employees. It covers employers with as few as five employees (federal Title VII requires 15; the federal Age Discrimination in Employment Act requires 20), gives workers three full years to file a complaint (compared to as few as 180 days under federal rules), and places no cap on compensatory or punitive damages (federal Title VII caps recovery at $50,000 to $300,000 depending on employer size). If you believe discrimination, harassment, or retaliation ended or damaged your employment, California law likely protects you more than you realize.
What Is California's FEHA and Why Does It Matter for Los Angeles Workers?
Government Code § 12940 makes it an unlawful employment practice for a covered employer to discriminate against, harass, or retaliate against employees on the basis of a protected characteristic. The statute is enforced by the California Civil Rights Department (CRD), the state agency formerly known as the Department of Fair Employment and Housing (DFEH), renamed in 2022. For Los Angeles workers, the CRD is the starting point for any formal complaint before a civil lawsuit can proceed.
How FEHA Differs From Federal Discrimination Law
A discrimination attorney practicing under FEHA has access to significantly broader remedies than one limited to federal claims. The table below shows the most consequential differences.
Issue | California FEHA | Federal Law (Title VII / ADEA)
|
|---|---|---|
Minimum employer size | 5 employees (Gov. Code § 12926(d)) | 15 employees (Title VII); 20 employees (ADEA) |
Filing deadline | 3 years from the discriminatory act (AB 9, eff. Jan. 1, 2020) | As few as 180 days (federal EEOC charge) |
Damages cap | None | $50,000 to $300,000 depending on employer size |
Burden of proof | “Substantial motivating factor” | “But-for” causation |
Individual supervisor liability for harassment | Yes, supervisors can be personally liable | Generally not available under federal law |
Who Is Protected Under FEHA? Covered Characteristics and Covered Workers
Government Code § 12940 expressly prohibits discrimination based on all of the following 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
- Sexual orientation
- Reproductive health decisionmaking
- Veteran or military status
FEHA’s reach also extends further than most employees expect. Protections under § 12940 cover not only current employees, but also job applicants, unpaid interns, volunteers, and persons providing services pursuant to a contract. If you work in Los Angeles in any of those capacities and experienced adverse treatment based on a characteristic above, you likely have standing to file.
If your situation involves disability-related treatment specifically, the firm’s disability discrimination practice addresses the full scope of those protections in detail.
Which Employers Must Comply, and Where the Rules Change
FEHA operates on a two-tier compliance structure that surprises many Los Angeles employers who assume their small size shields them from liability:
- Five or more employees: Discrimination and retaliation protections under § 12940 apply.
- All employers, regardless of size: Harassment protections under § 12940 apply. A sole proprietor with a single employee cannot escape harassment liability by pointing to the business’s size.
This means that in a city where small businesses are common, very few Los Angeles employers have no legal exposure under state law.
How to File a Discrimination Claim in California: The CRD Process Step by Step
Before filing a civil lawsuit under FEHA, a claimant must exhaust administrative remedies by going through the CRD. Many workers lose their claims not because they lack merit, but because they miss a procedural step. The sequence is:
- Step 1: File a complaint with the CRD within three years of the discriminatory, harassing, or retaliatory act (AB 9 / SHARE Act, effective January 1, 2020).
- Step 2: CRD investigates the allegations and collects evidence from both parties.
- Step 3: CRD attempts conciliation, an informal dispute resolution process aimed at resolving the matter without litigation.
- Step 4: If unresolved, CRD issues a Right-to-Sue notice, which authorizes the employee to file a civil lawsuit in California Superior Court.
- Step 5: Civil lawsuit proceeds in court, where the full range of FEHA remedies becomes available.
If the CRD complaint results in a settlement agreement, the CRD retains authority to reopen the complaint and bring an action to enforce the agreement if the employer breaches its terms.
The Three-Year Filing Window: Why Timing Is Critical
Assembly Bill 9, the Stop Harassment and Reporting Extension (SHARE) Act, effective January 1, 2020, extended the FEHA complaint deadline from one year to three years. The clock starts on the date of the discriminatory act itself, not when the employee discovers it, decides to consult an attorney, or is let go for a subsequent reason. A worker fired on January 15, 2023 based on her medical condition has until January 15, 2026 to file with the CRD. Waiting even one day past that date forfeits the right to proceed under FEHA.
What Can You Recover? FEHA Remedies Explained
A successful FEHA claim can produce several categories of relief. Unlike federal Title VII, California law imposes no cap on compensatory or punitive damages, making the potential recovery significantly higher for Los Angeles claimants. Available remedies include:
- Reinstatement to the employee’s former position
- Back pay for wages lost from the date of the discriminatory act
- Front pay when reinstatement is not practicable
- Compensatory damages for emotional distress
- Mandatory employer policy changes
- Injunctive relief, including mandatory anti-discrimination training
- Punitive damages (no statutory cap under FEHA)
For comparison, Title VII caps combined compensatory and punitive damages as follows: $50,000 for employers of 15 to 100 employees; $100,000 for 101 to 200; $200,000 for 201 to 500; and $300,000 for employers with more than 500 employees. A Los Angeles employee whose employer has even six workers recovers under FEHA with no such ceiling.
Illustrative example: A warehouse supervisor with a disability discloses her condition to HR and is demoted two weeks later. Her employer replaces her with a less-experienced hire at a lower title. Under FEHA, she may pursue back pay for the wage differential, front pay if the role cannot be restored, damages for emotional distress caused by the demotion, and punitive damages if the employer’s conduct is found to have been malicious or oppressive. A comparable claim under federal law alone would face a damages ceiling that could substantially limit her recovery.
Our team of California employment discrimination lawyers regularly evaluates which combination of state and federal theories produces the best outcome for each client’s specific facts.
Settlements, NDAs, and Your Right to Talk About What Happened
Many employees fear that settling a discrimination claim means permanent silence. California law sharply limits that. Code of Civil Procedure § 1001 voids any provision in a settlement agreement that prevents or restricts a party from disclosing factual information related to claims of workplace harassment, discrimination, or retaliation under Government Code § 12940. Any such nondisclosure provision entered on or after January 1, 2019, is void as a matter of law and against public policy.
What Your Employer Can and Cannot Require You to Sign
Under CCP § 1001, your employer cannot lawfully require you to stay silent about the discriminatory conduct itself as a condition of settlement, even if the agreement includes other legitimate confidentiality terms. The statute does allow one narrow exception: at the claimant’s own request, the agreement may shield the claimant’s identity and any facts that would lead to its discovery. That exception is the employee’s to invoke, not the employer’s. The exception also does not apply if a government agency or public official is a party to the settlement.
A common employer tactic is presenting a broad confidentiality clause that sweeps in the facts of the discrimination alongside legitimate business information. Under CCP § 1001, the factual-disclosure portion of any such clause is unenforceable for FEHA claims.
Red Flags to Raise With a Discrimination Attorney Before Signing Any Settlement
- The agreement prohibits you from disclosing what happened, not just the settlement amount.
- The agreement is conditioned on your silence about the discriminatory conduct itself.
- A broad “non-disparagement” clause is written to cover factual statements, not just opinions.
- You are asked to sign a general release covering future claims arising from the same conduct.
- The agreement does not include a carve-out allowing you to respond truthfully to government investigators or law enforcement.
- You have fewer than 21 days to review the agreement (particularly relevant in age discrimination settlements).
- No attorney’s fees provision is included, meaning the settlement does not account for the cost of enforcement if the employer breaches.
If any of these apply, an experienced discrimination attorney in Los Angeles should review the document before you sign.
A 2025 Update Every Los Angeles Employee Should Know
Senate Bill 1340, effective January 1, 2025, amends Government Code § 12993 to allow California localities, including the City and County of Los Angeles, to enforce their own local anti-discrimination protections. Local enforcement may proceed only after two conditions are met: the complaint must already have been filed with the CRD, and the CRD must have issued a Right-to-Sue notice. The practical effect for Los Angeles workers is an additional enforcement avenue through local agencies that may have faster response times or more targeted resources for city-specific industries. Workers with active CRD complaints should ask their attorney whether the city or county has a local ordinance that SB 1340 now makes enforceable in parallel.
Questions about gender-specific discrimination, including pregnancy discrimination and gender pay disparities, are handled in detail by the firm’s Los Angeles gender discrimination attorneys.
What This Means If You Were Just Fired, Demoted, or Sidelined in Los Angeles
The three-year filing window under AB 9 gives you more time than federal law allows, but it is not unlimited, and the clock starts on the date the adverse action occurred. Start by documenting everything: save any written communications referencing your protected characteristic, note the dates and names of anyone who witnessed unfair treatment, and write down what was said to you and when. Do not delete texts, emails, or voicemails, even ones that seem minor. If you are still employed and fear retaliation for raising a complaint, California’s FEHA also prohibits retaliation for good-faith reports of discrimination, meaning a complaint to HR or the CRD cannot lawfully be used as grounds to fire or discipline you. The strongest cases are built before evidence is lost, so the timing of your first conversation with a discrimination attorney matters more than most employees realize.
Frequently Asked Questions
My employer has only seven employees. Can I still file a discrimination claim?
Yes. FEHA’s discrimination and retaliation protections apply to employers with five or more employees under Government Code § 12926(d). A seven-person employer is fully covered. And if your claim involves harassment rather than discrimination or retaliation, FEHA’s harassment protections apply regardless of employer size.
How long do I have to file?
Under AB 9 (the SHARE Act, effective January 1, 2020), you have three years from the date of the discriminatory, harassing, or retaliatory act to file a complaint with the California Civil Rights Department. The clock does not pause because you are still employed, still hoping for a resolution, or unaware you had a legal claim.
Can my supervisor be personally sued for harassment?
Under FEHA, individual supervisors can be held personally liable for harassment. This is a significant difference from federal law, which generally does not permit personal liability for individual supervisors.
Does settling my claim mean I can never talk about what happened?
No. Code of Civil Procedure § 1001 voids any settlement provision that prevents you from disclosing factual information about the discrimination, harassment, or retaliation underlying a FEHA claim. For agreements signed on or after January 1, 2019, your employer cannot legally require your silence about the underlying conduct as a condition of settlement.
Do I have to go through the CRD before I can sue?
Yes. FEHA requires you to exhaust administrative remedies by filing a complaint with the California Civil Rights Department and receiving a Right-to-Sue notice before you can file a civil lawsuit. Skipping this step forfeits your right to proceed in court under FEHA.
This article is general information about California employment discrimination law. It is not legal advice. Reading it does not create an attorney-client relationship between you and Setareh Law Group. Laws change, and every situation is different. Do not rely on this article to evaluate your own case without consulting a licensed California employment attorney.
Contact Setareh Law Group: If you believe you have experienced workplace discrimination, harassment, or retaliation in Los Angeles, contact Setareh Law Group for a consultation. Our team represents California employees under FEHA and related state law and can assess your specific situation, your timeline, and your options. There is no cost to speak with us about your case.
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
- Government Code § 12940
- California Civil Rights Department (CRD)
- Gov. Code § 12926(d)
- Code of Civil Procedure § 1001
- Government Code § 12993
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