California Employment Discrimination Law: The FEHA Guide
California's Fair Employment and Housing Act (FEHA) prohibits workplace discrimination and harassment because of race, national origin, disability, age (40+), religion, sex, sexual orientation, and gender identity. Harassment is covered at employers of ANY size; discrimination claims need 5+ employees. Workers have 3 years to file with the Civil Rights Department, and damages are uncapped.
Reviewed by Craig J. Ackermann, admitted in California · Bar No. 229832
California at a glance
- Statute
- Fair Employment and Housing Act (FEHA) — Cal. Gov. Code § 12940 et seq.
- Harassment covered at
- 1+ employees for HARASSMENT (Gov. Code § 12940(j)) — 'any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract.' CRD: 'Harassment is prohibited in all workplaces, even those with fewer than five employees.' Also covers applicants, unpaid interns, volunteers, and CONTRACTORS.
- Discrimination covered at
- 5+ employees for discrimination (Gov. Code § 12926(d))
- State agency deadline
- 3 years from the unlawful practice to file with CRD (Gov. Code § 12960)
- Federal EEOC deadline
- 300 days (California is a deferral state — CRD is the FEPA); for harassment the clock runs from the last incident
- After right-to-sue
- 1 year from CRD right-to-sue notice to file civil action (Gov. Code § 12965); right-to-sue notice required before filing your own lawsuit
- Damages
- NO statutory caps on compensatory or punitive damages (contrast Title VII's $50K-$300K caps)
- State agency
- California Civil Rights Department (CRD)
Verified against primary sources 2026-06-10. Statute: Cal. Gov. Code § 12940 et seq.
What you can recover under Fair Employment and Housing Act
- NO statutory caps on compensatory or punitive damages (contrast Title VII's $50K-$300K caps)
- Back pay and front pay
- Hiring / reinstatement / promotion
- Out-of-pocket expenses
- Emotional distress damages
- Punitive damages
- Attorney's fees and costs including expert witness fees (Gov. Code § 12965; prevailing defendants recover only if action was frivolous)
Special provisions worth knowing
- Harassment covered at ALL employer sizes (1+) including for contractors, interns, volunteers (§ 12940(j))
- Employer liable for nonemployee (customer/client) harassment where it knew or should have known and failed to act
- Statute current through SB 1100 (Stats. 2024, Ch. 877, eff. Jan. 1, 2025); SB 477 tolling changes eff. Jan. 1, 2026
Discrimination by protected ground in California
Coverage thresholds and deadlines differ by ground. Each one below is a separate claim — and an employer can violate more than one at once.
Race & national origin
1+ (harassment) / 5+ (discrimination) · 3 years · CRD
Race and national-origin discrimination and harassment violate FEHA. Harassment is covered at employers of any size; discrimination claims need five or more employees. You have three years to file with the Civil Rights Department, and FEHA caps no damages. English-only rules not justified by business necessity can be unlawful.
Disability
1+ / 5+ · 3 years · CRD
FEHA requires California employers with five or more employees to reasonably accommodate disabilities and to engage in a timely, good-faith interactive process; disability harassment is covered at any size. FEHA's definition of disability is broader than the federal ADA. File within three years; damages are uncapped.
Age (40+)
1+ / 5+ · 3 years · CRD
FEHA protects workers 40 and older from age discrimination and harassment — discrimination at five or more employees, harassment at any size. 'Restructuring' that targets older workers, or 'overqualified' comments, can be evidence. You have three years to file with the Civil Rights Department, with no cap on damages.
Religion
1+ / 5+ · 3 years · CRD
FEHA requires California employers to reasonably accommodate religious dress, grooming, and observance unless it causes undue hardship — a stronger standard than federal law. Religious harassment is covered at any employer size. File with the Civil Rights Department within three years; remedies include uncapped damages and attorney's fees.
Sexual orientation & gender identity
1+ / 5+ · 3 years · CRD
FEHA expressly protects sexual orientation, gender identity, and gender expression — harassment at any employer size, discrimination at five or more. Misgendering, outing, and slurs can create a hostile work environment. You have three years to file with the Civil Rights Department, and damages are uncapped.
Retaliation
5+ · 3 years · CRD
FEHA makes it illegal to retaliate against anyone who reports discrimination, requests an accommodation, or participates in an investigation — even if the underlying claim isn't ultimately proven, as long as your complaint was made in good faith. Cut hours, worse assignments, or termination after you complain are classic retaliation. File with the Civil Rights Department within three years.
Where to file in California
CRD
Los Angeles Office
320 West 4th Street, Suite 1000, 10th FloorLos Angeles, CA 90013
(800) 884-1684
CRD
Riverside Office
1325 Spruce Street, Suite 320Riverside, CA 92507
(800) 884-1684
Filing is CENTRALIZED statewide: online via California Civil Rights System (CCRS), phone 800-884-1684, 711 relay, TTY 1-800-700-2320, email [email protected], or mail to HQ. CRD HQ/mailing is now 651 Bannon Street, Suite 200, Sacramento, CA 95811 (older datasets show the Elk Grove Kausen Drive address — stale).
File with CRD →Employment Discrimination guides by city in California
Admitted in California
- Craig J. Ackermann · Shareholder California Bar No. 229832
- Avi Kreitenberg · Shareholder California Bar No. 266571
- Erika Smolyar · Associate California Bar No. 344138
- Milton Gao · Associate California Bar No. 352866
Was it also sexual harassment?
The same treatment can be both. If what happened to you in California was tied to your race, age, disability, sex, pregnancy, religion, or national origin, a second set of protections may apply, with its own deadlines.
Common questions
What's the difference between the harassment and discrimination thresholds in California?
FEHA covers harassment at employers with even one employee, but discrimination claims (like a discriminatory firing or failure to accommodate) require five or more. Both run on the same 3-year filing window with the Civil Rights Department, and neither caps damages.
How long do I have to file a discrimination claim in California?
Three years from the discriminatory act to file with the California Civil Rights Department — one of the longer state-agency windows in the country. After a right-to-sue notice, you have one year to file in court. The federal EEOC window is shorter at 300 days.