What types of workplace harassment are illegal?

Harassment is illegal when it's based on a protected characteristic, such as sex, race, age, disability, religion, national origin, sexual orientation, or gender identity, and is severe or pervasive enough to create a hostile, intimidating, or offensive workplace. Under California law, a single serious incident can be enough. Sexual harassment also includes unwanted sexual advances and requests for sexual favors in exchange for job benefits.

How do I know if I've been discriminated against at work?

Discrimination occurs when you are treated unfairly due to characteristics like race, gender, age, pregnancy, disability, religion, national origin, sexual orientation, gender identity, medical condition, marital status, military or veteran status, or another characteristic protected under California law. If you've experienced negative actions such as being fired, demoted, or denied opportunities because of these factors, you may have a valid claim.

What is workplace retaliation?

Retaliation happens when your employer punishes you for reporting discrimination, harassment, or other illegal activities. This could include being fired, demoted, or facing negative changes in your job duties. Retaliation can also include punishment for requesting a disability or pregnancy accommodation, taking protected medical or family leave, complaining about unpaid wages, or reporting a violation of law to a government agency.

Can I be fired for reporting harassment or discrimination?

No, it is illegal for your employer to fire you or take adverse actions against you for reporting harassment, discrimination, or other workplace misconduct. If this happens, it may be grounds for a retaliation claim. You're protected as long as your complaint was made in good faith, even if your original complaint isn't ultimately proven.

What should I do if I believe I am facing harassment or discrimination at work?

Write down what happened, including dates, names, and witnesses, and keep copies of emails, texts, and performance reviews on a personal device, not a work account. Report the conduct in writing to HR or a supervisor. Because strict filing deadlines apply, speak with an employment lawyer as soon as possible.

Can I be fired for no reason in California?

California is an "at-will" state, so employers can usually end employment without a reason. But they cannot fire you for an illegal reason, such as discrimination, retaliation, taking protected leave, or refusing to break the law. A termination like that may be wrongful.

Can I be fired while pregnant or on medical leave?

No. It is illegal to fire or demote you because of pregnancy, a pregnancy-related condition, or a disability, or for taking leave protected under CFRA or Pregnancy Disability Leave. Employers must also provide reasonable accommodations.

Does my employer have to pay overtime and give meal and rest breaks?

Most hourly employees in California must be paid overtime for work over 8 hours a day or 40 hours a week, and must receive meal and rest breaks. If you're missing breaks or unpaid for time worked, you may be owed back pay and penalties.

What laws protect me from harassment, discrimination, and retaliation?

In California, the main protections come from the Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA), and the California Labor Code, including its whistleblower protections. Federal laws such as Title VII, the ADA, and the ADEA also apply. FEHA's discrimination protections generally cover employers with 5 or more employees, and its harassment protections apply to employers of any size.

How long do I have to file a workplace discrimination, harassment, or retaliation claim in California?

For most employment discrimination, harassment, and retaliation claims under FEHA, a complaint generally must be filed with the California Civil Rights Department (CRD) within three years of the alleged unlawful act. If you obtain a Right-to-Sue notice from CRD, a separate deadline generally applies, and you typically have one year from the date of the Right-to-Sue notice to file a lawsuit. Other employment claims may have different and sometimes shorter deadlines, so it is important to speak with an attorney as soon as possible.

What can I expect from the legal process if I file a claim?

It starts with a free, confidential consultation. If we take your case, we investigate and gather evidence. For most FEHA claims, we file with the Civil Rights Department and obtain a right-to-sue notice before filing a lawsuit. Many cases resolve through negotiation or mediation, and if not, we take your case to trial.

What compensation can I recover in a harassment, discrimination, or retaliation case?

Depending on your case, you may recover lost wages and benefits (back pay), future lost earnings (front pay), emotional distress damages, and attorney's fees and costs. Punitive damages may be available when the employer acted with malice, oppression, or fraud.

How can Smith Law help me with my case?

Smith Law represents California employees in harassment, discrimination, retaliation, and wrongful termination cases. We guide you from the first consultation through settlement or trial. Our firm is only entitled to attorney's fees if we obtain a monetary recovery for you.

How much does it cost to hire Smith Law?

Consultations are free. We work on contingency, so our firm is only entitled to attorney's fees if we obtain a monetary recovery for you.

Do you speak Spanish or Tagalog?

Yes. We offer intake and support in Spanish and Tagalog.

Ever wondered about ‘at-will employment’ in California? Stay informed!

Ever wondered about 'at-will employment' in California? Stay informed!

Watch the DialBenjy podcast, NEW episode every week! Why?

Whether you’re an employee, a business owner, or just someone who wants to stay informed, this channel is the perfect place to stay up-to-date on legal matters that affect you.

My name is Benjy Smith, and I am an employment lawyer based in California! I’m dedicated to fighting for the rights of employees and representing those who have suffered personal injury.

Subscribe now to watch our full episodes, clips and legal tips! Hit the notification bell to ensure you never miss an update!

Ever wondered about 'at-will employment' in California? Stay informed!

Menu

Free Resources

Contact Details

Social Links