How to File a Workplace Discrimination Claim in California

Filing a Workplace Discrimination Claim in California: 2025 Legal Update

If you've experienced workplace discrimination, California law provides robust protections through the Fair Employment and Housing Act (FEHA) and federal statutes. Recent legislative changes have strengthened employee rights, including new intersectionality protections and expanded coverage areas.

Recent Legal Changes (2024-2025)

New Intersectionality Protections: Senate Bill 1137 clarifies that California's anti-discrimination laws protect against discrimination based on the combination of two or more protected characteristics, codifying existing judicial precedent.

Expanded CROWN Act Coverage: AB 1815 broadens the definition of "race" to include all traits associated with race, including hair texture and protective hairstyles, removing the previous limitation to "historically" associated traits.

Driver's License Requirements: SB 1100 restricts when employers can require driver's licenses, prohibiting such requirements unless driving is a job function and alternative transportation isn't comparable in time or cost.

Step-by-Step Filing Process

1. Document Everything Immediately

Start comprehensive documentation as soon as you suspect discrimination. California courts increasingly recognize detailed documentation as crucial evidence:

Essential Documentation:

Incident logs with dates, times, locations, and witnesses
Email communications and text messages
Performance evaluations and disciplinary records
Photographs or videos of workplace conditions
Medical documentation for disability-related claims
Witness contact information and statements
Company policies and handbooks

Best Practice: Keep a private journal documenting each incident, including your emotional state and any physical symptoms, as courts may consider the impact on your well-being.

2. Report Internally First

Written Notice Requirement: Submit a written complaint to HR or management. This serves multiple purposes:

Puts the employer on legal notice
Triggers the employer's duty to investigate
Creates evidence if the employer fails to respond appropriately
May be required for certain legal claims

Follow-up Protocol: Keep records of all internal communications and any company responses or lack thereof.

3. File with the Civil Rights Department (CRD)

Updated Process (2025): California's Department of Fair Employment and Housing (DFEH) is now the Civil Rights Department (CRD).

Filing Requirements:

Deadline: Three years from the last discriminatory act (extended from previous one-year limit)
Method: Online through the California Civil Rights System (CCRS)
Initial Step: Submit an intake form
Required Information:
- Specific incident details and dates
- Employer information
- Evidence and documentation
- Witness information

Process Timeline:

Intake Interview: CRD representative evaluates your case
Complaint Preparation: If accepted, CRD prepares formal complaint
Investigation: CRD investigates facts and interviews parties
Resolution Attempts: Mediation or conciliation may be offered
Determination: CRD decides if reasonable cause exists

4. File with the Federal EEOC

Dual Filing Advantage: California has a work-sharing agreement with the EEOC, allowing simultaneous filing.

EEOC Deadlines:

Standard: 180 days from discriminatory act
California Extension: 300 days due to state law coverage
Age Discrimination: 300 days only if state law covers age discrimination

Filing Methods:

Online portal
By phone: 1-800-669-4000
In-person at EEOC field offices

Understanding Protected Classes

California law protects against discrimination based on:

Race (expanded definition including hair texture and protective styles)
Color and ancestry
National origin
Religion
Age (40 and older)
Mental and physical disability
Sex, gender, and gender identity
Sexual orientation
Medical condition
Genetic information
Marital status
Military or veteran status
Intersectional combinations of the above

Types of Evidence: Direct vs. Circumstantial

Direct Evidence

Explicit discriminatory statements (emails, recordings)
Written policies that discriminate
Witness testimony of discriminatory remarks

Circumstantial Evidence

Statistical disparities in hiring or promotion
Patterns of treatment toward protected groups
Temporal proximity between protected activity and adverse action
Pretext evidence (false reasons given for employment decisions)

Advanced Evidence Strategies

Digital Evidence: Preserve social media posts, company communications, and electronic records before they can be deleted.

Comparative Evidence: Document how similarly situated employees outside your protected class were treated differently.

Pattern Evidence: Collect information about company-wide practices affecting your protected class.

Expert Testimony: Consider statistical analysis of employment patterns or expert opinions on discriminatory practices.

Legal Deadlines and Statutes of Limitations

California State Claims:

CRD Filing: 3 years from last discriminatory act
Court Filing: 1 year from CRD right-to-sue notice

Federal Claims:

EEOC Filing: 300 days from discriminatory act (California)
Court Filing: 90 days from EEOC right-to-sue notice

Equal Pay Act: 2 years from last discriminatory paycheck (3 years if willful)

When to Consult an Attorney

Immediate Consultation Recommended:

Complex cases involving multiple protected classes
Retaliation concerns
Significant financial impact
Company has sophisticated legal counsel
Evidence is primarily circumstantial

Attorney Selection Criteria:

Experience with California FEHA claims
Track record in similar cases
Understanding of recent legal developments
Contingency fee arrangements available

Potential Remedies and Damages

Economic Damages:

Lost wages and benefits
Front pay for future losses
Promotion opportunities
Pension and retirement benefits

Non-Economic Damages:

Emotional distress
Loss of reputation
Pain and suffering

Punitive Damages:

Available for malicious conduct
Significant deterrent effect

Injunctive Relief:

Policy changes
Training requirements
Monitoring compliance

Avoiding Common Pitfalls

Documentation Mistakes:

Failing to preserve evidence
Not keeping personal copies
Inadequate witness information

Procedural Errors:

Missing filing deadlines
Inadequate internal reporting
Filing with wrong agency

Strategic Missteps:

Accepting inadequate settlement offers
Proceeding without legal counsel
Failing to document ongoing discrimination

Recent Case Law Developments

California courts have increasingly recognized intersectionality claims, where discrimination occurs based on the combination of protected characteristics. The McDonnell Douglas burden-shifting framework remains the standard for proving discrimination through circumstantial evidence.

Resources and Support

Legal Aid Organizations:

Professional Support:

Employee assistance programs
Mental health counseling
Career counseling services

Frequently Asked Questions

What is the current deadline for filing a workplace discrimination complaint in California?

You have three years to file with the California Civil Rights Department (CRD) and 300 days to file with the federal EEOC from the last discriminatory act.

What are the new intersectionality protections in California?

Senate Bill 1137 clarifies that California law protects against discrimination based on the combination of two or more protected characteristics, such as race and gender together.

Do I need a lawyer to file a discrimination claim?

While not required, consulting an attorney is highly recommended, especially for complex cases or when significant damages are involved. Many employment attorneys work on contingency fees.

What evidence should I collect for my discrimination claim?

Keep detailed records of incidents, emails, text messages, performance evaluations, witness statements, photos, and any company policies. Start documenting immediately when you suspect discrimination.

How has the CROWN Act been expanded in California?

AB 1815 expanded the definition of 'race' to include all traits associated with race, including hair texture and protective hairstyles, removing the previous limitation to 'historically' associated traits.

Can employers still require driver's licenses for job applicants?

Under SB 1100, employers can only require driver's licenses if driving is reasonably expected to be a job function and alternative transportation wouldn't be comparable in time or cost.