California Workplace Discrimination
The Fair Employment and Housing Act (FEHA), California Government Code §12940, prohibits employment discrimination and harassment based on protected characteristics — including race, religion, national origin, disability, sex, gender identity, age (40+), and sexual orientation. It's enforced by the California Civil Rights Department (CRD). Most provisions apply to employers with 5+ employees, while harassment rules apply to all employers. Federal laws also apply.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Discrimination claims have strict deadlines and depend on your facts — talk to a California attorney about your situation.
California’s main anti-discrimination law is the Fair Employment and Housing Act (FEHA), found at Government Code § 12940. It prohibits employment discrimination and harassment based on protected characteristics.
Protected characteristics
FEHA covers discrimination and harassment based on race, religious creed, color, national origin, ancestry, physical or mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40+), sexual orientation, and veteran/military status.
Who is covered
Most FEHA discrimination provisions apply to employers with 5 or more employees. The harassment rules apply to all employers, regardless of size.
Who enforces it
FEHA is enforced by the California Civil Rights Department (CRD) — formerly the DFEH. In addition, federal laws also apply, including Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
What to do
If you believe you faced discrimination or harassment, deadlines matter — act promptly. For the bigger picture, start at the California employment law hub. Being fired for a protected reason can also be unlawful even though California is at-will. To get matched with a local California employment attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What characteristics does California's FEHA protect?
- FEHA (Gov. Code §12940) protects against discrimination and harassment based on race, religious creed, color, national origin, ancestry, physical or mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40+), sexual orientation, and veteran/military status.
- Which employers does FEHA apply to?
- Most FEHA discrimination provisions apply to employers with 5 or more employees. The harassment rules apply to all employers regardless of size. Federal laws like Title VII, the ADA, and the ADEA may also apply.
- Who enforces FEHA in California?
- The California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH), enforces FEHA. A California employment attorney can help you understand filing deadlines and your options.
Sources
Related guides
- California At-Will Employment California Labor Code §2922 makes employment at-will: a job with no set term can be ended by either party. But California puts strong limits on that rule — you cannot be fired for an illegal reason, such as unlawful discrimination or retaliation (FEHA), whistleblowing (Labor Code §1102.5), or in violation of public policy (a Tameny wrongful-termination claim).
- California Final Paycheck If an employer fires you, your final wages are due immediately under California Labor Code §201. If you quit, wages are due within 72 hours — or at the time of quitting if you gave at least 72 hours' notice (§202). If the employer willfully fails to pay on time, waiting-time penalties accrue at your daily rate for up to 30 days (§203).
- California Meal and Rest Breaks California Labor Code §512 requires a 30-minute meal period for shifts over 5 hours (a second for shifts over 10 hours), with limited waivers for shorter days. Paid 10-minute rest breaks — roughly one per 4 hours worked — are required by the Industrial Welfare Commission wage orders. If an employer fails to provide a required meal or rest break, it owes the employee one extra hour of pay for that day (Labor Code §226.7).
- California Paid Leave California requires paid sick leave under the Healthy Workplaces, Healthy Families Act of 2014 (Labor Code §245 et seq.). The California Family Rights Act (CFRA, Government Code §12945.2) provides up to 12 weeks of job-protected family/medical leave in a 12-month period for eligible employees (generally 12 months and 1,250 hours of service). California also pays partial wage replacement through State Disability Insurance and Paid Family Leave, administered by the EDD.
- California Wages and Overtime California's overtime law (Labor Code §510) is more generous than federal law: 1.5x pay for hours over 8 in a day, over 40 in a week, and the first 8 hours on the 7th consecutive workday, plus double time (2x) for hours over 12 in a day and over 8 on the 7th consecutive day. The state minimum wage (Labor Code §1182.12) adjusts annually for inflation, and many cities and industries set higher minimums — always check the current rates.
- Related area: Workers' Compensation in California