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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Yes. We offer intake and support in Spanish and Tagalog.
Workplace harassment can take many forms, including sexual harassment, offensive comments or actions based on race, gender, age, disability, or religion. Any behavior that creates a hostile work environment or results in adverse job actions is unlawful.
Discrimination occurs when you are treated unfairly due to characteristics like race, gender, age, pregnancy, disability, or religion. If you’ve experienced negative actions such as being fired, demoted, or denied opportunities because of these factors, you may have a valid claim.
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.
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.
Document everything and report the behavior to your HR department or supervisor. If your concerns are not addressed or you face retaliation, contact an employment lawyer to explore your legal options.
