Discrimination at Work Is Often Quiet
Workplace discrimination is rarely announced. It tends to show up as a promotion that keeps going to someone else, a schedule that gets worse after you disclose a medical condition, a new manager who starts writing you up once you turn 50, or a pay gap you only find out about by accident. Individually, each event can be explained away. Together, they can tell a different story.
Rastegar Law Group has represented California employees since 1991. Our Torrance office helps workers across the South Bay understand whether what they are experiencing is discrimination under California law, and what they can do about it.
What California Law Prohibits
California’s Fair Employment and Housing Act (FEHA), Government Code section 12940, makes it unlawful for an employer with five or more employees to discriminate in hiring, firing, pay, promotion, assignments, training, discipline, or other terms of employment because of a protected characteristic. Those characteristics include:
- Race, color, national origin, and ancestry, including traits historically associated with race such as hair texture and protective hairstyles
- Religious creed, including religious dress and grooming practices
- Sex and gender, including pregnancy, childbirth, breastfeeding, and related medical conditions
- Gender identity, gender expression, and sexual orientation
- Age (40 and over)
- Physical disability, mental disability, and medical condition
- Genetic information
- Marital status
- Military and veteran status
- Reproductive health decisionmaking
Federal laws such as Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act may also apply. Those laws generally cover larger employers, so for many South Bay workers, FEHA offers broader protection.
Disability and Accommodation
FEHA does more than prohibit unequal treatment. Employers must provide reasonable accommodation for a known physical or mental disability unless it would cause undue hardship, and they must engage in a timely, good-faith interactive process to find one (Government Code section 12940, subdivisions (m) and (n)). Reasonable accommodations can include modified duties, schedule changes, equipment, a leave of absence, or reassignment. An employer that refuses to discuss options, or fires someone instead of exploring them, may be violating the law.
Pregnancy and Family Leave
Pregnant employees in California may be entitled to up to four months of pregnancy disability leave and to reasonable accommodations. Employers with five or more employees must generally also provide up to 12 weeks of job-protected family and medical leave under the California Family Rights Act (CFRA) to eligible employees. Penalizing someone for being pregnant or for using protected leave is a common form of discrimination. Learn more on our pregnancy discrimination page.
Signs You May Be Facing Discrimination
- You were passed over for a promotion that went to a less qualified person outside your protected group.
- Discipline or performance concerns started soon after you disclosed a disability, pregnancy, or religious practice.
- Managers make comments about your age, accent, appearance, or family plans.
- You were selected for a layoff while similarly situated coworkers outside your group kept their jobs.
- You learned that you are paid less than coworkers doing substantially similar work.
Employers Must Also Prevent Discrimination
FEHA requires employers to take all reasonable steps to prevent discrimination and harassment (Government Code section 12940, subdivision (k)), and it prohibits retaliation against anyone who complains or takes part in an investigation (subdivision (h)). A company that ignores complaints, or that turns on the person who raised them, may face additional liability.
How We Help
We start by listening. We then review your timeline, performance history, and communications, and we look at how comparable coworkers were treated. If you have a claim, we can handle the filing with the California Civil Rights Department, gather evidence, negotiate with the employer, and take the case to court or arbitration when appropriate. We handle these cases on a contingency fee basis, so you pay no attorney’s fee unless there is a recovery.
Contact Our Torrance Office
Visit us at 22760 Hawthorne Boulevard, Suite 200, Torrance, CA 90505, Monday through Friday from 9:00 a.m. to 6:00 p.m., or meet with us by video. Consultations are free, confidential, and available in English, Spanish, and Farsi. Call (310) 961-9600 or request a free case evaluation.
Workplace Discrimination FAQs
Do I have to file with a government agency before suing?
For FEHA claims, yes. You must file a complaint with the California Civil Rights Department (CRD) and get a right-to-sue notice. You generally have three years from the last discriminatory act to file with CRD. Once a right-to-sue notice is issued, you generally have one year to file the lawsuit. Federal claims follow a separate process with the EEOC, which in California generally has a 300-day filing deadline.
My employer has fewer than 15 employees. Am I protected?
Usually, yes. FEHA’s discrimination provisions apply to employers with five or more employees, and its harassment protections apply to employers of any size. Some federal laws apply only to larger employers.
Can my employer fire me for asking for a disability accommodation?
No. Requesting an accommodation is protected activity under FEHA. Firing or disciplining an employee for asking can be both disability discrimination and retaliation.
What evidence helps in a discrimination case?
Performance reviews, emails and texts, notes of comments made to you, the names of witnesses, and information about how coworkers outside your protected group were treated can all be important. Write a dated timeline of events as early as you can.
This content is for informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
Recent Results
These are selected discrimination and related recoveries. They are not a complete list of the firm’s work. See all selected results on our employment case results page.
- $100,000 — A skilled welder at a fabrication company. (Wrongful termination and discrimination)
- $95,000 — A health clinic employee fired while on approved medical leave, who was also denied breaks and overtime. (Wrongful termination, medical leave, and wage and hour)
- $65,000 — A part-time retail cashier fired after a hospitalization and a request for recovery time after surgery. (Disability discrimination and wrongful termination)
Disclaimer: Past results do not guarantee or predict a similar outcome. Every case is different, and results depend on the facts. Amounts shown are gross recoveries before attorney’s fees and costs. Class settlement amounts are totals for the class, not what any one person received.