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Anti-Discrimination Laws in California

March 17, 2025

Discrimination can be subtle, pervasive, or outright egregious—but no matter its form, it’s harmful and illegal under California anti-discrimination laws.

These laws are among the most comprehensive in the nation, ensuring equal opportunities and fairness for everyone. But what exactly do they cover, and how do they protect you?

Let’s dive into this Freeburg and Granieri APC guide and unpack the nuances of these essential regulations.

What is Discrimination?

Discrimination occurs when individuals or groups are treated unfairly or unequally based on protected characteristics. Whether intentional or systemic, it creates barriers to equality and fairness.

Why Are Anti-Discrimination Laws Important?

Why do these laws matter so much? Imagine a world where hiring decisions, housing options, or educational opportunities are influenced by bias rather than merit.

Anti-discrimination laws not only combat injustice but also promote diversity and inclusion—values that enrich society.

California’s Fair Employment and Housing Act (FEHA)

California’s FEHA is the cornerstone of the state’s anti-discrimination framework. It prohibits discrimination in employment, housing, and public accommodations, protecting individuals from bias and ensuring fair treatment.

Protected Classes Under FEHA

FEHA safeguards individuals based on specific characteristics, including:

  • Race
  • Religious creed
  • Color
  • National origin
  • Ancestry
  • Physical disability
  • Mental disability
  • Medical condition
  • Genetic information
  • Marital status
  • Sex
  • Sexual orientation
  • Gender
  • Gender identity
  • Gender expression
  • Age (over 40)
  • Veteran or military status

Types of Discrimination Prohibited by FEHA

FEHA addresses various forms of discrimination, such as:

  • Disparate Treatment: Intentional unequal treatment based on protected characteristics.
  • Disparate Impact: Neutral policies that disproportionately affect certain groups.
  • Harassment: Hostile or offensive conduct creating an intimidating environment.
  • Retaliation: Adverse actions against individuals for asserting their rights.

Discrimination in Employment

Discrimination in employment remains a critical issue, often impacting opportunities, job satisfaction, and workplace dynamics.

California anti-discrimination laws, particularly FEHA, provide robust protections to ensure every individual has equal access to employment opportunities, regardless of their protected characteristics.

Hiring Practices

Employers are prohibited from discriminating during the recruitment and hiring process. This includes posting job advertisements, conducting interviews, and selecting candidates.

Questions or requirements that single out an applicant’s race, religion, gender, or other protected traits are unlawful. For example, asking about an applicant’s marital status or disability without direct relevance to the job is discriminatory.

Compensation and Benefits

Pay gaps and disparities in benefits often reveal underlying discrimination. FEHA mandates that employees performing substantially similar work must receive equal pay, irrespective of their gender, race, or other protected attributes.

Beyond wages, employers must offer equitable benefits, including health insurance, retirement plans, and paid leave.

Promotions and Job Assignments

Bias in promotions and assignments can severely limit career progression. California laws ensure that promotions are based on merit rather than prejudices tied to an employee’s identity.

Assigning less desirable tasks or projects to certain groups may also constitute discriminatory practices.

Training and Development

Access to training programs, certifications, and skill development opportunities must be equally available to all employees. Denying these resources based on an employee's protected traits is a violation of FEHA, limiting their potential for career advancement.

Workplace Conduct and Culture

A respectful workplace culture is integral to preventing discrimination. Employers are obligated to address discriminatory remarks, harassment, or hostile behavior when reported. Failing to intervene or condone such behavior creates a toxic environment that perpetuates inequality and can violate the law if prompt remedial steps are not taken to stop illegal conduct.

Enforcement of California Anti-Discrimination Laws

The enforcement of anti-discrimination laws ensures that violations are addressed, and justice is served for victims.

Filing a Complaint

Individuals who experience discrimination can file a complaint with the California Civil Rights Department (CCRD). Complaints must typically be filed within three years of the discriminatory act.

The Role of the CCRD

The CCRD investigates complaints, mediates disputes, and may file lawsuits on behalf of victims. Their role is critical in holding violators accountable and ensuring compliance with the law.

Private Lawsuits

Victims may also pursue private lawsuits to seek damages. Legal representation is essential in these cases to navigate complex legal procedures and maximize the chances of a favorable outcome.

Remedies for Discrimination

Victims of discrimination are entitled to various remedies to restore their rights and address the harm caused.

Back Pay

Compensation for lost wages due to discriminatory practices, such as wrongful termination or denied promotions, is a common remedy.

Front Pay

In cases where reinstatement is not feasible, victims may receive compensation for future lost earnings.

Reinstatement

Victims wrongfully terminated or denied employment may be reinstated to their former positions.

Promotion

Discrimination that denies a promotion can lead to corrective measures that ensure the victim receives the position they were unjustly denied.

Compensatory Damages

These damages cover emotional distress, pain, and suffering caused by discriminatory actions.

Punitive Damages

Punitive damages may be awarded in cases of egregious or intentional discrimination to deter future violations.

Attorney’s Fees and Costs

Victims may recover legal fees and costs incurred during the pursuit of justice.

Prevention of Discrimination

Preventing discrimination requires proactive measures and a commitment to equity.

Employer Policies and Procedures

Employers should implement comprehensive anti-discrimination policies and ensure they are communicated to all employees. These policies must outline unacceptable behaviors and the consequences of violations.

Employee Training

Regular training sessions can help employees recognize and address discriminatory behaviors, fostering a culture of respect and inclusion.

Workplace Culture

Promoting diversity and inclusion in the workplace creates an environment where all employees feel valued and respected. Initiatives such as diversity hiring programs and employee resource groups can make a significant impact.

Seeking Legal Advice

Navigating discrimination cases can be challenging, making legal advice essential. Skilled attorneys at Freeburg & Granieri APC can help victims understand their rights, gather evidence, and pursue justice through appropriate legal channels.

Freeburg & Granieri APC: Your Trusted Legal Partner

At Freeburg & Granieri APC, we understand the complexities of California anti-discrimination laws and employment law, and are committed to protecting your rights. Our experienced attorneys provide personalized attention to every case, treating clients like family.

With over a decade of litigation experience, we ensure your matter is handled with expertise and care. Whether it’s employment, housing, or education discrimination, our team is ready to advocate for you. Contact us and book today.

Conclusion

a woman hiding her face from discrimination

California anti-discrimination laws provide a robust framework for equality and justice. From workplaces to housing, these laws ensure everyone has a fair chance to succeed.

By understanding your rights and seeking expert guidance at Freeburg & Granieri APC when needed, you can stand up against discrimination and help build a more inclusive society.

SCHEDULE YOUR FREE CONSULTATION TODAY.

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