California has some of the most expansive employment discrimination protections in the country—and a legal landscape that both employees and employers in the Coachella Valley need to understand. Whether you are an employee who believes you have been treated unfairly at work, or an employer trying to ensure that your workplace practices are legally compliant, the labor and employment attorneys at SBEMP Attorneys LLP provide the expertise and experience to guide you through these issues effectively.
What Is Employment Discrimination Under California Law?
Employment discrimination occurs when an employer treats an employee or job applicant less favorably because of a protected characteristic. California’s Fair Employment and Housing Act (FEHA) is the primary state law governing employment discrimination, and it provides broader protections than federal law. FEHA prohibits discrimination based on:
- Race, color, national origin, and ancestry
- Sex and gender (including gender identity and gender expression)
- Sexual orientation
- Religion and religious creed
- Age (40 and over)
- Disability (physical or mental)
- Medical condition
- Marital status
- Pregnancy, childbirth, and related medical conditions
- Military and veteran status
- Genetic information
What Constitutes Discriminatory Conduct?
Discrimination is not limited to termination. Protected employees are protected throughout the entire employment relationship, including:
- Hiring and job application processes
- Pay, benefits, and compensation decisions
- Job assignments, transfers, and promotions
- Performance evaluations and disciplinary actions
- Working conditions and workplace accommodations
- Termination and layoffs
Harassment as a Form of Discrimination
Workplace harassment based on a protected characteristic is a form of employment discrimination under FEHA. Harassment includes unwelcome conduct that is severe or pervasive enough to create a hostile, intimidating, or abusive work environment. A single incident can constitute unlawful harassment if it is sufficiently severe—such as a physical assault or an explicit discriminatory slur.
The Employer’s Duty to Prevent and Correct Discrimination
California law imposes an affirmative duty on employers to take all reasonable steps to prevent discrimination and harassment from occurring. This includes maintaining written anti-discrimination and anti-harassment policies, conducting training, having accessible complaint procedures, and promptly investigating complaints when received. Employers who fail to take these steps face significantly elevated liability exposure.
What Should an Employee Do If They Believe They Have Been Discriminated Against?
The most important first steps are documentation and timely action. California employees who believe they have experienced discrimination should:
- Document the discriminatory conduct in detail, including dates, times, witnesses, and the nature of each incident
- Report the conduct through the employer’s internal complaint process—creating a record of the complaint
- File a complaint with the California Civil Rights Department (CRD)—formerly the DFEH—within three years of the discriminatory act (California’s statute of limitations)
- Consult with an employment attorney to understand their rights and options
What Should an Employer Do When a Discrimination Complaint Is Raised?
Employers who receive an internal discrimination complaint must take it seriously—dismissing or minimizing complaints significantly increases legal exposure. An employer should promptly investigate the complaint, document the investigation, take appropriate corrective action if discrimination is found, and ensure the complainant is protected from retaliation.
SBEMP provides employment discrimination counsel to both employees and employers throughout Palm Springs, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, and the greater Coachella Valley. Contact our labor and employment attorneys to discuss your situation.