Race and Gender Discrimination in the California Workplace — Rights Under FEHA

Race and gender discrimination remain among the most common and serious violations of California employment law. Despite decades of legal development and workplace training, employees throughout Los Angeles and California continue to experience adverse employment actions — terminations, demotions, denied promotions, and reduced pay — motivated by race, color, sex, and gender. California's Fair Employment and Housing Act provides powerful remedies, and understanding how to recognize, document, and pursue these claims is essential to protecting your rights.

What FEHA Prohibits

The California Fair Employment and Housing Act (Government Code Section 12940 (full text)(Current as of 2026. Laws are subject to legislative change.)) prohibits employers with five or more employees from discriminating against any person in compensation, terms, conditions, or privileges of employment because of race, color, national origin, ancestry, sex, or gender. This prohibition covers the full employment relationship — hiring, promotion, pay, assignments, discipline, and termination.

California's FEHA provides broader protection than Title VII of the Civil Rights Act in several respects: it covers smaller employers (five employees versus fifteen under federal law), provides for uncapped emotional distress damages, and applies a more plaintiff-friendly burden-shifting framework.

Disparate Treatment — Intentional Discrimination

Disparate treatment discrimination occurs when an employer treats an employee differently — and less favorably — because of their race or gender. California courts apply the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) burden-shifting framework, modified by California's independent statutory analysis:

• The employee establishes a prima facie case — showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances suggesting discrimination
• The burden shifts to the employer to articulate a legitimate, non-discriminatory reason for the adverse action
• The employee must then show that the employer's stated reason is pretextual — that the real reason was discriminatory

California courts have held, consistent with Harris v. City of Santa Monica (2013) 56 Cal.4th 203, that even where discrimination was a substantial motivating factor — not necessarily the only factor — in an adverse employment decision, liability can be established.

Disparate Impact — Facially Neutral Policies That Discriminate

Disparate impact claims arise when an employer applies a facially neutral policy — a test, a credential requirement, a scheduling rule — that has a disproportionate adverse impact on employees of a particular race or gender, without adequate business justification. Disparate impact claims often arise in hiring and promotion contexts and may be supported by statistical evidence showing that a policy systematically disadvantages a protected group.

Comparator Evidence — The Heart of Most Discrimination Cases

Some of the most powerful evidence in a race or gender discrimination case is comparator evidence — showing that employees outside the plaintiff's protected class who were in similar positions and engaged in similar conduct were treated more favorably. When a female employee is terminated for conduct that male colleagues engaged in without discipline, or when a Black employee is passed over for promotion given to less-qualified white colleagues, comparator evidence goes to the core of the discriminatory treatment.

The Role of the California Civil Rights Department

Before filing a civil lawsuit for FEHA discrimination, an employee must file a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory act under Government Code Section 12960. The CRD will issue a right-to-sue notice, after which the employee may file a civil lawsuit. Most experienced employment attorneys file a CRD complaint and immediately request an immediate right-to-sue, allowing the civil case to proceed without waiting for the CRD investigation to conclude.

How to Build a Race or Gender Discrimination Claim in California

1. 1. Document every adverse employment actionNote the date, description, and stated reason for every demotion, discipline, termination, pay cut, or denial of opportunity. Contemporaneous notes are powerful evidence.
2. 2. Identify similarly situated comparatorsThink about colleagues in similar roles who are not in your protected class and were treated more favorably. Documenting specific differences in treatment is critical.
3. 3. Preserve all communicationsKeep emails, texts, performance reviews, and any other documents related to the adverse action or the stated reason for it.
4. 4. Report through internal channelsFile a written complaint with HR if you have not already done so. Internal reports establish notice and create a record. Keep a copy.
5. 5. File a CRD complaint within three yearsFEHA requires a complaint with the California Civil Rights Department before you can file a civil lawsuit. The deadline is three years from the discriminatory act. Do not wait.