Quick Answer: If you believe you have experienced workplace discrimination in California, consider documenting relevant events, reviewing your employer’s reporting procedures, and seeking legal advice promptly. An internal written report may be appropriate, but the best course of action depends on the circumstances. In general, an employment intake form must be submitted to the California Civil Rights Department within three years from the date you were last harmed, although shorter or different deadlines may apply. Consider having a California employment attorney review any settlement, severance, or separation agreement before you sign it.

California law provides broad protections against workplace discrimination. Under the Fair Employment and Housing Act (FEHA), your employer cannot treat you differently because of a protected characteristic, such as race, sex, age, disability, religion, national origin, sexual orientation, gender identity, pregnancy, or medical condition. If you believe you have experienced discrimination, acting promptly may help preserve relevant information and protect potential claims. Here are seven steps to consider:

Step 1: Write Down Everything, Now

Memory fades. Evidence disappears. The moment you suspect discrimination, start a personal log – not in your work email or work laptop – documenting dates, times, locations, what was said, who was present, and how the discriminatory treatment affected your work.

What to preserve:

  • Emails, texts, or Slack messages that reference the discrimination
  • Performance reviews – especially any rating change that followed a protected activity
  • Job postings, org charts, or promotion announcements showing who was treated differently
  • Witness names and contact information
  • Pay stubs if the discrimination involved compensation differences

Preserve only information you lawfully possess or are authorized to access. Do not remove confidential or proprietary information, access another person’s records, or forward workplace materials to a personal account without first obtaining legal advice. California law also restricts recording confidential conversations without the consent of all parties, so consult an attorney before recording workplace conversations.

Step 2: Review Your Company’s Discrimination Policy

Most California employers with five or more employees are required under FEHA to have an anti-harassment and discrimination policy in writing. Find it in your employee handbook or HR portal. Reviewing the policy tells you the internal reporting procedure your employer will expect you to follow.

Step 3: Report It in Writing to HR or Your Supervisor

California courts and the Civil Rights Department (CRD) will ask whether you gave your employer a chance to correct the problem. Reporting discrimination to HR in writing does three things: (1) Creates a documented paper trail that you raised the issue, (2) Triggers your employer’s legal obligation to investigate, (3) Protects you from retaliation — because FEHA Section 12940(h) makes it illegal to fire or punish employees who report discrimination.

Reporting suspected discrimination in writing may create a record of the complaint, put the employer on notice, and trigger its obligation to respond appropriately. California law prohibits retaliation against employees who engage in legally protected activity, including reporting conduct they reasonably believe is discriminatory. However, whether and how to report internally depends on the circumstances. Retain a copy of your complaint only in a lawful manner that does not require removing confidential or proprietary workplace information.

Step 4: File a CRD Complaint (You Have 3 Years)

California’s Civil Rights Department (CRD) is the state agency that investigates workplace discrimination claims under FEHA. Before you can file a lawsuit in California court, you must first file a complaint with the CRD.

Key deadlines: 3 years from the last act of discrimination to file a FEHA complaint with the CRD (extended in 2020 under AB 9). After the CRD issues a Right to Sue notice, you have 1 year to file in civil court. For federal Title VII claims (EEOC), the deadline is 300 days. Missing these deadlines almost always bars your claim permanently. You can file online at calcivilrights.ca.gov.

Step 5: Understand What Discrimination Looks Like Under California Law

FEHA covers discrimination based on:

Discrimination can be direct or indirect (a facially neutral policy that disproportionately harms a protected group – called “disparate impact”). It can occur in hiring, firing, promotions, pay, performance reviews, discipline, working conditions, or scheduling.

Step 6: Consider Legal Advice Before Signing Anything

If your employer presents a severance, settlement, or separation agreement, consider having an employment attorney review it before signing. These agreements may include releases of existing legal claims and other significant terms. A valid release may prevent certain claims from being pursued, although California and federal law limit which rights and claims can be waived. Do not assume that an agreement includes a revocation period or that you can change your mind after signing.

Step 7: Consult a California Employment Attorney

Many California employment attorneys who handle FEHA claims work on contingency, meaning you pay nothing upfront and the attorney receives a percentage of any recovery if you win. Under FEHA, prevailing plaintiffs in discrimination cases can recover attorney fees, which means your employer may have to pay your lawyer’s bill in addition to damages.

Frequently Asked Questions

How long does a workplace discrimination case take in California?

The timeline varies depending on the complexity of the case, the available evidence, whether the parties are willing to negotiate, and whether the case proceeds through a CRD investigation or litigation. Some cases resolve through an early settlement, while others may take significantly longer.

Can I be fired for complaining about discrimination?

California law prohibits an employer from retaliating against an employee for engaging in protected activity, such as reporting conduct the employee reasonably believes is discriminatory. If an employer takes adverse action because of a protected complaint, the employee may have a separate retaliation claim. However, an adverse action occurring after a complaint is not automatically proof of unlawful retaliation.

Do I have to prove my employer intended to discriminate?

Not always. California recognizes both intentional discrimination and disparate impact. Your attorney can evaluate which theory applies.

What if the discrimination happened to my whole team, not just me?

Multiple employees affected by the same policy or practice may have individual claims, and in some circumstances, a class or group claim may be appropriate. However, a shared workplace experience does not automatically qualify for class treatment. An attorney can evaluate the available options based on the facts and applicable legal requirements.

If you believe you have experienced discrimination, harassment, or retaliation at work, Blackstone Law may be able to help you understand your legal options. Call Blackstone Law at (310) 956-4054 or contact us online to request a free case evaluation. Because legal deadlines may apply, consider seeking advice promptly.

Legal Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Employment laws, filing deadlines, and available remedies depend on the specific facts of each situation and may change over time. Reading this article, using this website, or contacting Blackstone Law does not create an attorney-client relationship. An attorney-client relationship is established only through a written agreement signed by the firm and the client. Do not act or refrain from acting based solely on this information. Consult a qualified California employment attorney promptly regarding your specific circumstances.