Workers Are Protected by Anti Discrimination Laws
Dedicated advocacy for California workers who face unfair treatment because of who they are.
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No one should lose a job or miss a promotion because of their race or their gender or their religion. But it happens every day in California. Employers make illegal choices based on prejudice not performance. California has some of the strongest anti discrimination laws in the country. These laws protect you from harassment and unfair treatment and wrongful termination. When your employer breaks these laws you can fight back and win.
California workers commonly experience discrimination in these forms:
- Being passed over for a promotion because of your age
- Getting fired right after telling your boss you are pregnant
- Receiving lower pay than coworkers of a different race for the same work
- Being harassed because of your religion or your national origin
- Getting denied reasonable accommodation for a disability
- Being fired because you took leave for your own serious health condition
- Receiving threats or insults because of your sexual orientation
- Being treated differently because of your gender identity or expression
At Setareh Law our discrimination lawyers help California employees recover lost wages and emotional distress damages and punitive damages. We also fight for reinstatement to your job and attorney fees paid by your employer.
What Are Anti Discrimination Laws
Anti discrimination laws make it illegal for employers to treat workers unfairly based on certain protected characteristics. These laws apply to hiring and firing and promotions and pay and every other part of employment.
The Main Anti Discrimination Laws in California
- FEHA or the Fair Employment and Housing Act is California’s main discrimination law
- Title VII of the Civil Rights Act is the federal discrimination law
- The Americans with Disabilities Act protects workers with disabilities
- The Age Discrimination in Employment Act protects older workers
- The Pregnancy Discrimination Act protects pregnant workers
What These Laws Prohibit
- Refusing to hire someone because of a protected characteristic
- Firing someone because of their race or gender or religion
- Paying someone less because of their age or disability
- Denying a promotion because of someone’s national origin
- Harassing someone because of their sexual orientation or gender identity
Who Is Protected by Anti Discrimination Laws
Most California workers are protected by anti discrimination laws. The laws cover nearly every employer in the state. The National Employment Law Project tracks anti discrimination enforcement nationwide, and the Workplace Fairness organization provides resources for workers.
Protected Characteristics Under FEHA
- Race and color
- Religion and religious beliefs
- National origin and ancestry
- Age over 40
- Disability and medical condition
- Gender and sex
- Pregnancy and childbirth
- Sexual orientation
- Gender identity and gender expression
- Marital status
- Military or veteran status
Workers Covered by These Laws
- Full time workers and part time workers
- Temporary workers and seasonal workers
- Job applicants and interviewees
- Union members and non union members
- Undocumented workers and documented workers
- Remote workers and in office workers
- Workers on leave or probation
Employers Covered by FEHA
- Private employers with 5 or more employees
- All public employers regardless of size
- Employment agencies and staffing firms
- Labor organizations and unions
- Apprenticeship programs
Common Types of Discrimination
Discrimination comes in many forms. Some types are obvious. Other types are harder to spot. The Economic Policy Institute has documented widespread discrimination across American workplaces, and the UCLA Labor Center has studied discrimination patterns in California.
Race and Color Discrimination
- Being passed over for a promotion given to a less qualified person of another race
- Receiving lower pay than coworkers of a different race for the same job
- Being fired for a mistake that workers of other races make without punishment
- Being assigned to worse shifts or locations because of your race
- Hearing racial jokes or slurs from managers or coworkers
Age Discrimination
- Being fired so your employer can hire someone younger for less pay
- Being left out of training opportunities given to younger workers
- Hearing comments about how you are too old to learn new things
- Being pressured to retire before you are ready
- Getting bad performance reviews after years of good reviews
Gender Discrimination
- Being paid less than a male coworker doing the same job
- Being denied a promotion given to a less qualified man
- Being asked inappropriate questions about your family plans
- Being left out of important meetings or projects
- Being treated like you are not capable of doing your job
Pregnancy Discrimination
- Being fired after telling your boss you are pregnant
- Being denied light duty that is offered to workers with other temporary disabilities
- Being pressured to take leave before you are ready
- Being demoted after returning from maternity leave
- Being asked if you plan to have more children before a promotion is considered
Disability Discrimination
- Being denied a job because you have a disability
- Being denied reasonable accommodation for your disability
- Being fired because your employer thinks you cannot do the job
- Being harassed because of your medical condition
- Being forced to take leave when you could work with accommodation
Sexual Orientation and Gender Identity Discrimination
- Being fired after your employer learns you are gay or lesbian or bisexual
- Being denied a promotion because of your gender identity
- Being harassed or called names because of your sexual orientation
- Being refused access to the bathroom that matches your gender identity
- Being treated differently because you are transgender or nonbinary
What Counts as Discrimination Evidence
To win a discrimination case you need evidence. Good evidence proves your employer treated you badly because of who you are.
Direct Evidence of Discrimination
- Your boss said we do not hire women for that position
- A manager told you that you are too old for the team
- Someone in HR said your pregnancy is a problem for the company
- You heard your supervisor use a racial slur to describe you
- An email from your boss shows they did not want to accommodate your disability
Circumstantial Evidence of Discrimination
- You were qualified for a job but someone less qualified got it
- The person who got the promotion is a different race or gender than you
- Your employer has never fired anyone else for the thing you did
- Younger workers keep getting promoted while older workers are stuck
- Your good performance reviews changed right after you disclosed your pregnancy
Pattern and Practice Evidence
- Your employer has no workers of your race in management
- Multiple older workers have been fired in the past year
- Several women have complained about the same manager
- Your employer has lost discrimination cases before
- Other workers of your religion have also been treated badly
How to Document Your Discrimination Case
Strong documentation is the key to winning your discrimination case. Start keeping records right away.
What to Write Down
- Write down exactly what happened and when
- Write down the exact words your boss or coworker said
- Write down the names of everyone who saw or heard the discrimination
- Write down the dates of any negative job actions like firing or demotion
- Write down the dates of any positive events like good reviews before the discrimination started
What to Save
- Save every email or text message about the discrimination
- Save any performance reviews from before and after
- Save any complaints you filed with HR
- Save your paystubs to show lost wages
- Save any doctor notes or medical records if the discrimination affected your health
What to Keep About Your Coworkers
- Write down the names of people who were treated better than you
- Write down the qualifications of people who got promotions you did not get
- Save evidence of any comments made about other workers like you
- Keep notes about the demographics of people who were hired and fired
- Write down if your employer has ever faced discrimination complaints before
How to Report Discrimination
You have several options for reporting discrimination. A good lawyer helps you choose the best path.
File a Complaint with the Civil Rights Department
- CRD enforces California’s anti discrimination laws
- You must file within three years of the discrimination
- CRD investigates and can order reinstatement and back pay
- You can also get a right to sue letter to file your own lawsuit
- This process is free and you do not need a lawyer to start
File a Charge with the EEOC
- EEOC enforces federal anti discrimination laws
- You must file within 300 days of the discrimination
- EEOC can investigate and sue your employer
- You will get a right to sue letter when the investigation is done
- This is required before you can file a federal lawsuit
File a Lawsuit in Court
- You can sue your employer directly in civil court
- You can recover lost wages and emotional distress and punitive damages
- You can also get reinstatement to your job
- Your employer pays your attorney fees if you win
- The deadline is three years under FEHA and two years under federal law
What You Can Recover for Discrimination
If you win your discrimination case you can recover much more than just your lost wages.
Lost Wages and Benefits
- Back pay for all the wages you lost
- Front pay if you cannot return to your old job
- The value of lost health insurance and retirement benefits
- Lost bonuses commissions and overtime
- Any other job benefits you would have earned
Emotional Distress Damages
- Money for the anxiety and depression the discrimination caused
- Money for the humiliation and embarrassment
- Money for the loss of sleep and enjoyment of life
- Money for the damage to your self esteem and confidence
- There is no cap on emotional distress damages in California
Punitive Damages
- Money to punish your employer for bad behavior
- Only available when your employer acted with malice or fraud
- Can be very large for serious discrimination cases
- Designed to make employers change their behavior
- Not available against government employers
Reinstatement and Attorney Fees
- A court order giving you your job back
- Your employer must also pay your attorney fees
- You do not pay your lawyer out of your recovery
- This makes it possible to fight even against big companies
- Your employer cannot force you to pay their fees if you lose
Statute of Limitations for Discrimination Claims
Deadlines are strict. Missing your deadline destroys your right to recover.
- CRD complaint: 3 years from the discrimination
- EEOC charge: 300 days from the discrimination
- FEHA lawsuit: 3 years from the discrimination
- Federal discrimination lawsuit: 90 days after receiving your right to sue letter
- Wrongful termination lawsuit: 2 years from termination
How Our Discrimination Lawyer Can Help You
Discrimination cases require a lawyer who knows both state and federal law. Our lawyers at Setareh Law have handled hundreds of these claims.
Free Case Review
We listen to your story about what happened at work. We look at your emails and performance reviews. We tell you honestly if you have a strong discrimination case.
Agency Filing
We file your complaint with CRD or EEOC. We handle all the paperwork and deadlines. We make sure you get your right to sue letter when the time is right.
Lawsuit Filing
We sue your employer in court when the agency process is done. We handle everything from the first filing to the final trial. We are not afraid of big companies or expensive lawyers.
Full Recovery
We fight for every dollar you lost. Back pay. Front pay. Emotional distress. Punitive damages. Attorney fees. Your employer pays for what they did.
Why Choose Setareh Law for Your Discrimination Case
You have choices when picking a lawyer. Here is why California workers trust us.
We Focus on Workers
Some law firms represent employers. We do not. We only represent employees. Every case we take is about holding bad employers accountable.
We Know Discrimination Law
Discrimination cases have small details that matter a lot. The three year deadline. The right to sue letter. The difference between CRD and EEOC. We know all of it.
We Work on Contingency
You pay nothing upfront. No hourly billing. No hidden fees. We only get paid when you win.
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: Workers Are Protected by Anti Discrimination Laws
What is the difference between discrimination and harassment
Discrimination is unfair treatment like firing or not hiring. Harassment is offensive behavior like slurs or jokes. Both are illegal. You can sue for both.
Do I have to file with CRD before suing
Yes for most discrimination claims. You must file with CRD or EEOC first. You will get a right to sue letter. Then you can file your lawsuit.
Can I sue for discrimination if I still have my job
Yes. You do not need to be fired to sue. Being denied a promotion or paid less or harassed are all illegal even if you still work there.
What if my employer says the decision was business related
Your employer will try to claim a business reason. Your lawyer will show that reason is a lie. That is called pretext. Proving pretext is how you win.
How much is my discrimination case worth
It depends on many things. Your lost wages. How badly the discrimination hurt you. Whether your employer acted with malice. Whether you can return to work. Talk to a lawyer for a real estimate.
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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