An employment discrimination lawyer helps people treated unfairly at work because of who they are, or punished for speaking up. California’s Fair Employment and Housing Act, known as FEHA, protects workers from discrimination, harassment, and retaliation. We handle both sides: representing employees who were harmed, and advising employers on prevention, training, and defence.
Our California employment lawyers work from our San Mateo office. For a free consultation, call 877-780-4727.
How Long Do I Have to File a Discrimination Claim in California?
Two deadlines apply in sequence. Under Government Code section 12960, a complaint alleging a FEHA violation must be filed with the California Civil Rights Department within three years of the date the unlawful practice occurred — extended from one year by AB 9 for practices occurring on or after January 1, 2020. Once the CRD issues a right-to-sue notice, a civil action must generally be filed within one year. If a federal claim is also in play, the EEOC deadline in California is 300 days, which is shorter than the state window.
Key Takeaways
- FEHA, in Government Code section 12940, makes it unlawful to discriminate, harass, or retaliate based on a protected trait.
- Most FEHA claims start with a verified complaint to the CRD, not in court — that step is a precondition to suing.
- Three years to file with the CRD; then one year to file suit after the right-to-sue notice.
- The federal EEOC deadline is shorter, at 300 days, and the two agencies have a worksharing arrangement.
- Employers have a duty to prevent and correct harassment, and we help them build policies, train staff, and defend claims.
What FEHA Protects
California’s main workplace fairness law is the Fair Employment and Housing Act. Government Code section 12940 makes it unlawful for most employers to discriminate against, harass, or retaliate against workers based on a protected trait.
Protected classes under FEHA include:
- Race, colour, and national origin
- Ancestry
- Religious creed
- Physical or mental disability
- Medical condition
- Genetic information
- Marital status
- Sex, gender, gender identity, and gender expression
- Age (40 and over)
- Sexual orientation
- Reproductive health decisionmaking
- Military or veteran status
FEHA reaches smaller employers than the federal statutes do, and its harassment provisions reach further still — which means a worker with no federal claim may still have a state one.
Discrimination, Harassment, and Retaliation
These three words describe different problems, and a single situation can involve more than one.
Discrimination means being treated worse in a job decision, like hiring, pay, promotion, or firing, because of a protected trait.
Harassment means unwelcome conduct based on a protected trait that is serious or frequent enough to create a hostile or abusive work environment.
Retaliation means being punished for protected activity, such as reporting discrimination, requesting an accommodation, or helping with a complaint. FEHA covers all three.
Hostile Work Environment and Sexual Harassment
A hostile work environment happens when unwelcome, trait-based conduct becomes serious or frequent enough to affect the conditions of the job. It can involve slurs, insults, unwanted touching, offensive images, or repeated demeaning comments.
Sexual harassment is one common form. It can include unwelcome advances, requests for sexual favours, or a supervisor tying a job benefit to sexual conduct. It also covers unwelcome sexual conduct that makes the workplace hostile.
The Employer’s Duty to Prevent and Correct
Under FEHA, employers must do more than avoid harassing workers themselves. They also have a duty to take reasonable steps to prevent and correct harassment in the workplace.
In practice, that usually means clear anti-harassment policies, training, a way for workers to report problems, prompt and fair investigations, and real corrective action when something is found. When an employer ignores complaints, that failure can add to its exposure. This duty is also where much employer-side work happens, from writing policies to running investigations.
Reasonable Accommodation
FEHA also protects workers who need a reasonable accommodation. This most often involves a disability, a medical condition, or a sincerely held religious practice.
At a high level, the worker and the employer are expected to discuss possible adjustments, such as a modified schedule, special equipment, or a change in duties. The employer generally should provide a reasonable accommodation unless it would cause the business real difficulty. Getting this process right protects employees and lowers risk for employers.
Filing a Claim: The CRD Process and Deadlines
Most FEHA claims start with a government agency, not a courtroom. An employee generally files a verified complaint with the California Civil Rights Department, which was formerly the DFEH.
The first deadline. Under Government Code section 12960, a complaint alleging a violation of FEHA’s employment provisions must not be filed after the expiration of three years from the date on which the unlawful practice occurred. That three-year window came from Assembly Bill 9 and applies to practices occurring on or after January 1, 2020 — conduct before that date was subject to the earlier one-year rule.
The second deadline. Before suing in court, the employee obtains a right-to-sue notice from the CRD. An employee who intends to litigate can request an immediate right-to-sue rather than wait for an investigation. Once the notice issues, a civil action must generally be filed within one year.
These are two separate clocks, and satisfying the first does not preserve the second. Complaints can be filed through the CRD’s online portal.
The Federal Layer: EEOC and Dual Filing
California workers may also have claims under federal statutes such as Title VII, the ADA, and the ADEA, enforced by the Equal Employment Opportunity Commission.
The federal deadline is shorter. In California, the EEOC filing period is 300 days from the discriminatory act, well short of the state’s three years. Because the CRD and the EEOC operate under a worksharing arrangement, a complaint filed with one agency is generally treated as filed with the other, which is why filing promptly with the CRD matters even for someone who intends to pursue state claims only.
Which statute is used affects more than the deadline. Coverage thresholds and available remedies differ between FEHA and the federal statutes, so the choice is worth making deliberately rather than by default.
Remedies for FEHA Claims
Remedies depend on the facts, and courts can order different kinds of relief. Under Government Code section 12965, a court has broad discretion and may award reasonable attorney’s fees and costs to the prevailing party. Common categories include back pay and lost benefits, damages for emotional distress, reinstatement or other affirmative relief, and orders requiring the employer to change how it operates.
We do not promise any particular result. Every case turns on its own evidence.
Discrimination Claims in San Mateo and on the Peninsula
Our office at 15 North Ellsworth Avenue, Suite 105, San Mateo, CA 94401 works with employees, executives, and employers across the Peninsula. Civil matters for this county are generally heard in the San Mateo County Superior Court.
Two local realities shape these matters. Peninsula employers often operate across several states, which raises the question of which state’s law applies to a given worker and whether federal claims run alongside the state ones. And accommodation disputes here frequently turn on remote and hybrid arrangements — whether a schedule or location adjustment is reasonable, and how the interactive process was documented. Both are worth getting into early rather than at the deadline.
Details about the office are on our San Mateo page.
How We Help
We handle both sides of California discrimination and harassment matters.
For employees, we evaluate what happened, help file with the CRD, and pursue claims for discrimination, harassment, or retaliation. Much of this employee-side work can be handled on a contingency fee, so you generally pay nothing unless there is a recovery.
For employers, we help prevent problems and respond well when they arise. That includes writing policies, training managers, running prompt and fair investigations, and defending claims. This work is typically handled on an hourly basis.
Discrimination often overlaps with a firing. If you were let go for an unlawful reason, see our California wrongful termination page. Both pages sit within our broader California employment law practice.
If you are facing discrimination or harassment at work, or you run a business and want to handle a complaint the right way, we are here to help. An employment discrimination lawyer at Vaksman Khalfin can review your situation and explain your options clearly. Call 877-780-4727. The consultation is free.
This page provides general information about California and federal law and is not legal advice; reading it or contacting the firm does not create an attorney-client relationship. Filing periods and agency procedures change from time to time and should be confirmed for your situation. Every case is different, and prior results do not guarantee a similar outcome.
Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 08/25/2026
Frequently Asked Questions
They evaluate whether what happened at work violated FEHA or federal law, help file the required agency complaint, gather the evidence, and pursue or defend a claim for discrimination, harassment, or retaliation. On the employer side, the work also includes writing policies, training managers, and running investigations.
California's Fair Employment and Housing Act. Government Code section 12940 makes it unlawful for most employers to discriminate against, harass, or retaliate against workers based on a protected trait, and it also imposes a duty on employers to take reasonable steps to prevent and correct harassment.
Discrimination is being treated worse in a job decision — hiring, pay, promotion, or firing — because of a protected trait. Harassment is unwelcome conduct based on a protected trait that is serious or frequent enough to create a hostile or abusive work environment. A single situation can involve both, along with retaliation.
Under Government Code section 12960, a FEHA complaint must be filed with the Civil Rights Department within three years of the date the unlawful practice occurred, for practices occurring on or after January 1, 2020. After the CRD issues a right-to-sue notice, a civil action must generally be filed within one year. These are two separate clocks.
Not necessarily, but the federal deadline is shorter — 300 days in California, against the state's three years. The CRD and the EEOC operate under a worksharing arrangement, so a complaint filed with one is generally treated as filed with the other. Whether federal claims are worth pursuing depends on coverage and remedies, which differ from FEHA.
Unwelcome conduct based on a protected trait that becomes serious or frequent enough to affect the conditions of the job. That can include slurs, insults, unwanted touching, offensive images, or repeated demeaning comments. An isolated mild remark usually does not meet the standard, but a pattern can.
Being punished for protected activity, such as reporting discrimination, requesting an accommodation, or participating in someone else's complaint. Retaliation is a separate violation, which means a claim can succeed on retaliation even where the underlying discrimination claim does not.
FEHA protects workers who need a reasonable accommodation. The worker and employer are expected to discuss possible adjustments — a modified schedule, equipment, or a change in duties — and the employer generally should provide one unless it would cause the business real difficulty. How that discussion was documented often matters later.
Yes. We advise employers on prevention and defence, including policies, manager training, prompt and fair investigations, and responding to CRD complaints and lawsuits. This work is typically hourly.
Employee-side matters can often be handled on a contingency fee, so you generally pay nothing unless there is a recovery. Employer-side work is typically hourly. Under Government Code section 12965 a court has discretion to award reasonable attorney's fees and costs to the prevailing party. We discuss fees before any work begins, and the consultation is free.
