Steps to File a Workplace Discrimination Claim

Facing Discrimination at Work

Workplace discrimination can leave you feeling isolated and powerless. If you're in California and believe you've been treated unfairly because of your race, gender, disability, age, religion, or another protected status, you have rights. Knowing the steps to file a workplace discrimination claim can help you regain control and protect your future. This guide explains the process in clear, practical terms, referencing California law and offering resources for support.

If you are concerned about other workplace issues or wrongful termination, you may find related information throughout this guide.

Recognize Discrimination

The first step is understanding what qualifies as discrimination under California and federal law. Discrimination may involve:

• Unfair treatment based on protected characteristics (such as race, gender, disability, or age)
• Harassment or bullying linked to a protected status
• Denial of promotions, benefits, or fair pay due to unlawful bias
• Retaliation for reporting or opposing discrimination

California law, particularly the Fair Employment and Housing Act (FEHA), offers broader protections than federal law. For example, FEHA covers more employers and additional protected categories.

Learn more about types of workplace discrimination.

Gather Evidence

Documenting your experiences is crucial. Strong evidence can make a significant difference when you file a claim. Consider these steps:

• Write down each incident: dates, times, locations, and people involved
• Save emails, texts, or written communications that show discrimination
• Keep performance reviews, memos, or policies related to your complaint
• Identify witnesses who saw or heard discriminatory behavior

If your situation involves retaliation for reporting discrimination, include those details as well.

Report Internally First

Most companies have policies for reporting discrimination. Filing an internal complaint allows your employer to address the problem and creates a record of your concerns. To do this:

• Review your employee handbook for the complaint process
• Submit a written complaint to HR or your supervisor
• Request written confirmation that your report was received

Taking this step is often required before moving forward with a legal claim.

Know Your Rights Under California Law

California’s FEHA protects employees from discrimination based on more than a dozen categories, including race, gender, disability, sexual orientation, and more. Notable FEHA protections:

• Applies to employers with five or more employees (federal law starts at 15)
• Prohibits retaliation against employees who file complaints
• Requires employers to promptly investigate discrimination reports

Employees in California may also have rights under federal laws, such as Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA).

File with the Right Agency

If your complaint isn’t resolved internally, or if you prefer to go straight to an external agency, you can file a discrimination claim with the California Civil Rights Department (CRD, formerly DFEH) or the Equal Employment Opportunity Commission (EEOC).

• CRD: Handles state law claims, broader protections
• EEOC: Handles federal claims, may be required for certain types of damages

Often, you can cross-file with both agencies. California’s process is generally employee-friendly.

Learn more about how to file a discrimination claim and what to expect.

Meet Important Deadlines

Deadlines matter. In California, you must file a complaint with the CRD within three years of the discriminatory act (as of 2020). The EEOC deadline is 300 days for most claims involving California employers. Missing these cutoff dates can jeopardize your rights.

For related timelines on retaliation claims, review specific requirements for each case type.

Cooperate with the Investigation

After you file, the agency will investigate your claim. Be prepared to:

• Respond promptly to requests for information
• Provide documentation and witness names
• Attend interviews or mediation, if requested

The agency may try to resolve your claim through mediation or settlement. If not, they may issue a “Right to Sue” letter, which allows you to take your case to court.

Consider Legal Action

If the investigation doesn’t resolve your complaint, you may have the option to file a lawsuit in civil court. An attorney can help you:

• Assess the strength of your case
• Calculate potential damages
• Navigate the court system

For more on legal remedies, see legal protections against employer retaliation and your rights under disability discrimination laws.

Potential Damages

If your claim succeeds, you may be eligible for:

• Back pay (lost wages and benefits)
• Reinstatement to your job
• Emotional distress damages
• Attorneys’ fees and costs
• Policy changes at your workplace

Damages depend on the facts of your case and the laws involved. For more, visit common damages in workplace lawsuits.

Protect Yourself from Retaliation

It’s illegal for employers in California to punish workers for complaining about discrimination. Retaliation can include:

• Termination or demotion
• Pay cuts
• Unfavorable job assignments

If you experience retaliation, you may have an additional legal claim. Learn more about retaliation claims.

Get Support

Filing a discrimination claim can be emotionally and professionally challenging. Consider these resources:

• Employee assistance programs
• Support groups for workers facing discrimination
• Legal consultations to help you understand your options

You don’t have to go through this process alone.

Next Steps

If you believe you’ve been discriminated against at work in California, taking action can help protect your rights and those of others. Reach out to Attain Law for guidance tailored to your situation. Our attorneys understand the complexities of California employment law, including wage and hour disputes and hostile work environments, and are ready to support you every step of the way.

Contact us today for a free consultation or call (888) 970-8627. We’re here to support you.

Frequently Asked Questions about Filing a Workplace Discrimination Claim in California

What qualifies as workplace discrimination in California? Workplace discrimination in California occurs when an employer treats an employee or job applicant unfairly based on protected characteristics like race, gender, age, disability, religion, sexual orientation, or others as defined by the Fair Employment and Housing Act (FEHA).

How long do I have to file a workplace discrimination claim in California? You generally have three years from the date of the last discriminatory act to file a complaint with the California Civil Rights Department (CRD, formerly DFEH), or 300 days to file with the EEOC.

Can I file a discrimination claim if I haven’t been fired? Yes. You can file a claim for workplace discrimination even if you are still employed. Discrimination can include unfair job assignments, lack of promotion, harassment, or other adverse actions.

What evidence do I need for a workplace discrimination case? Documented incidents, emails, messages, witness statements, and evidence of policies or actions taken by your employer can all support your claim. Keeping detailed records is key.

What happens after I file a discrimination claim in California? The CRD or EEOC will investigate your claim, may attempt mediation, and can issue a Right to Sue letter if the matter is not resolved. This allows you to file a civil lawsuit if necessary.