Discrimination

Suppose a supervisor or a manager treats someone better than the rest of their team because of their identity, color, religion, or age. In that case, this kind of preferential treatment is illegal. Preferential treatment that stems from discriminatory practices against other employees must be stopped.

The tech industry often favors younger applicants because they tend to have more certifications, more up-to-date knowledge about devices and software, and more ideas about how to fix or troubleshoot existing programs. But if you have the same or more certifications, more years of experience, and a proven, up-to-date record of system knowledge, you might have been discriminated against based on your age.

More employers than most people realize. California's Fair Employment and Housing Act (FEHA) — the strongest protection available to California workers — applies to employers with just five or more employees, and its prohibition on harassment applies to employers of any size, even a single employee. The federal laws are narrower: Title VII of the Civil Rights Act and the Americans with Disabilities Act apply to employers with 15 or more employees, and the federal age discrimination law applies at 20 or more. The practical takeaway: even if you work for a small company, California law almost certainly protects you. Don't assume you have no rights because your employer is small.

Yes, and they are strict — but longer than many people fear. For claims under California's FEHA, you generally have three years from the last unlawful act to file a complaint with the California Civil Rights Department (CRD), and after receiving a right-to-sue notice, one year to file your lawsuit. For federal claims, the EEOC deadline in California is generally 300 days. Some claims have shorter deadlines, and special rules apply to government employers, so do not calculate your own deadline — the safest move is to speak with an employment lawyer as soon as possible, even if you are not yet sure you want to pursue a case. Waiting can cost you claims that are strong today.

Before filing a discrimination or harassment lawsuit in California, you must first file a complaint with the California Civil Rights Department (CRD) — or, for federal claims, the EEOC — and obtain a right-to-sue notice. For most California employees, the CRD route is the stronger path: it covers smaller employers, more protected categories, and allows greater remedies. An experienced employment lawyer can obtain the right-to-sue notice for you, often the same day, and handle the entire process. This is one of the many reasons to involve a lawyer early rather than navigating the agency process alone.

Employment discrimination can seem like an impossible thing to resolve if you’ve been wrongfully terminated and can’t afford top counsel as an organization can. Fortunately, state laws have made it so that if you have a successful case, your employer must pay your legal fees in court. Our law office will happily work with you to ensure you get the best lawyer to help you settle your case.