An employment discrimination lawyer helps people treated unfairly at work because of who they are, or harassed or punished for speaking up. California’s Fair Employment and Housing Act, known as FEHA, protects workers from discrimination, harassment, and retaliation. At Vaksman Khalfin, we handle both sides: representing employees who were harmed and advising employers on prevention, training, and defense.
Key Takeaways
- California’s Fair Employment and Housing Act, or FEHA, protects workers from discrimination, harassment, and retaliation under Government Code section 12940.
- FEHA covers many protected traits, from race and sex to disability, age 40 and over, and more.
- Most FEHA complaints start with the California Civil Rights Department, generally within three years of the act under Government Code section 12960.
- Employers have a duty to prevent and correct harassment, and we help them build policies, train staff, and defend claims.
- Talk with an employment discrimination lawyer for free. Call 877-780-4727.
What FEHA protects
California’s main workplace fairness law is the Fair Employment and Housing Act, known as FEHA. 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, color, 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
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 favors, 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 sincere 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.
How to file 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, or CRD, which was formerly called the DFEH. Under Government Code section 12960, the complaint generally must be filed within three years of the act you are complaining about.
Before suing in court, the employee obtains a right-to-sue notice from the CRD. Deadlines are strict, and waiting too long can end a claim before it starts, so it helps to get advice early.
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 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.
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 are part of 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.
Frequently Asked Questions
An employment discrimination lawyer helps people who were treated unfairly at work because of a protected trait, or harassed or punished for speaking up. The same lawyer can advise employers on prevention, training, investigations, and defense. At Vaksman Khalfin, we handle both sides in California under FEHA.
FEHA is California's Fair Employment and Housing Act, found at Government Code section 12940. It makes it unlawful for most employers to discriminate against, harass, or retaliate against workers based on a protected trait. It also requires employers to take reasonable steps to prevent and correct harassment.
Discrimination is being treated worse in a job decision, like 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 work environment. A single situation can involve both.
Under Government Code section 12960, you generally have three years from the act to file a verified complaint with the California Civil Rights Department, or CRD. You then obtain a right-to-sue notice before filing in court. Because deadlines are strict, it helps to get advice early.
A hostile work environment happens when unwelcome, trait-based conduct becomes serious or frequent enough to affect your working conditions. It can involve slurs, insults, unwanted touching, offensive images, or repeated demeaning comments. What matters is whether the conduct is serious or frequent enough to affect the job.
Retaliation means being punished for protected activity. Examples include reporting discrimination or harassment, requesting a disability or religious accommodation, or helping a coworker with a complaint. Punishment can be firing, demotion, a pay cut, or other adverse action. FEHA protects workers from retaliation, and these claims are common.
Yes. We advise California employers on prevention and defense. That includes writing anti-harassment policies, training managers, running prompt and fair investigations, and defending claims filed with the CRD or in court. This employer-side work is typically handled on an hourly basis.
The first consultation is free. Much employee-side work can be handled on a contingency fee, which generally means you pay nothing unless there is a recovery. Employer-side counseling and defense are typically billed hourly. We will explain the likely arrangement for your situation up front.
