Discrimination
California's Fair Employment and Housing Act (FEHA) prohibits employers from treating employees adversely because of a protected characteristic — including race, color, national origin, ancestry, religion, sex, gender, gender identity, sexual orientation, age (40 and over), disability, medical condition, genetic information, marital status, and military or veteran status.
Elements of a Discrimination Claim
California's official jury instructions set out precisely what a plaintiff must prove to win at trial — giving you a clear picture of exactly what your case requires. Under the California Civil Jury Instructions (CACI No. 2500) (Disparate Treatment — Essential Factual Elements, Gov. Code § 12940(a)), a plaintiff must prove each of the following:
- The plaintiff was an employee of the defendant;
- The defendant knew the plaintiff had a protected characteristic;
- The defendant subjected the plaintiff to an adverse employment action;
- The plaintiff's protected characteristic was a substantial motivating reason for the defendant's decision;
- The plaintiff was harmed; and
- The defendant's conduct was a substantial factor in causing the plaintiff's harm.
Substantial Motivating Reason
The plaintiff does not need to prove that discrimination was the only reason for the adverse action — only that it was a substantial motivating reason. See CACI No. 2507 ("Substantial Motivating Reason" Explained).
Adverse Employment Action
An adverse employment action includes termination, demotion, denial of promotion, reduction in pay, a significant change in job duties, or other materially adverse changes to the terms and conditions of employment. See CACI No. 2509 ("Adverse Employment Action" Explained).
Protected Characteristics Under FEHA
Race, color, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age (40 and over), disability (physical or mental), medical condition, genetic information, marital status, and military or veteran status. (Gov. Code § 12940(a).)
Frequently Asked Questions
What is employment discrimination under California law?
California's Fair Employment and Housing Act (FEHA) prohibits employers from treating employees adversely because of a protected characteristic — including race, color, national origin, religion, sex, age (40 and over), disability, and sexual orientation, among others. If an employee is terminated, demoted, passed over for promotion, or otherwise harmed because of a protected characteristic, that is actionable discrimination.
What do I need to prove to win a discrimination claim?
Under CACI No. 2500, you must prove that you had a protected characteristic, that you suffered an adverse employment action, and that your protected characteristic was a substantial motivating reason for that action. You do not need to prove it was the only reason — only that it played a substantial role.
What counts as a protected characteristic under California law?
FEHA protects against discrimination based on race, color, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age (40 and over), disability (physical or mental), medical condition, genetic information, marital status, and military or veteran status.
How long do I have to file a discrimination claim in California?
In most cases, you must file a complaint with the California Civil Rights Department (CRD, formerly DFEH) within three years of the discriminatory act. Missing this deadline can bar your claim, so it is important to act promptly.
Request a Confidential Consultation
If you believe you have been subjected to workplace discrimination, Teti Law offers confidential consultations to evaluate your matter. Not every inquiry results in representation, but all communications are treated with strict confidentiality.