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Workplace Discrimination and Protected Characteristics in California

Unfair treatment becomes unlawful discrimination when a protected characteristic is a reason for the decision.

General education for California employees—not legal advice. Your facts and deadlines control. This is not a Workplace Rights Advocacy case result. It explains the Civil Rights Department workplace notice in plain English. It is not the poster and it is not a complete statement of every exception.

Which employers

The workplace notice draws this line at employers with five or more employees and public employers. For private companies, FEHA’s discrimination definition of employer generally means a person who regularly employs five or more people. The state, cities, and other public employers are covered too. Harassment, described on a separate page, can reach smaller workplaces.

Which decisions and which characteristics

Discrimination is prohibited in hiring, promotion, pay, benefits, terms of employment, layoffs, and other aspects of employment. The characteristics on the current notice are ancestry; age 40 and above; color; disability, including physical, developmental, mental health, and HIV/AIDS; genetic information; gender expression; gender identity; marital status; medical condition, including cancer or a history of cancer; military or veteran status; national origin, including language restrictions and a driver’s license issued to an undocumented person; race, including hair texture and protective hairstyles; religion, including dress and grooming; reproductive health decisionmaking; sex and gender, including pregnancy, childbirth, breastfeeding, and related conditions; and sexual orientation.

The law covers a single characteristic or a combination of two or more, and it covers actual or perceived status. At-will employment does not authorize a firing driven by one of these traits. See employment discrimination.

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Common questions

Answers we give on every page before you call. More detail is on our full FAQ page.

Do I have a case?

If you faced discrimination, harassment, retaliation, unpaid wages, wrongful termination, leave denial, or a refused disability accommodation, you may have claims. Whether your facts support a case depends on the evidence, deadlines, and applicable law—we evaluate that in consultation.

How much does it cost?

Initial consultations are typically free. If we take the matter, fees are usually explained in a written agreement before you hire us. Many employment cases are handled on contingency (see below).

Do you work on contingency?

In many employment matters, yes—attorney fees may be collected only if there is a recovery, subject to a signed fee agreement. Costs and fee arrangements can vary by case type; we confirm the terms up front.

How long will my case take?

Some matters resolve in months; contested lawsuits can take a year or longer through discovery, mediation, arbitration, or trial. Timing depends on the claims, court or arbitrator calendars, and whether the other side fights. See how long employment lawsuits take.

What should I bring?

Bring or upload what you have: a short timeline, pay stubs or time records, emails and texts, write-ups or reviews, medical or leave paperwork, and the names of witnesses or managers. See our documentation guide.

Free consultation?

Yes—initial consultations are typically free and confidential. Contacting us does not create an attorney–client relationship until there is a signed written agreement.

What happens after I contact you?

Our intake team reviews what you send, follows up if we need more detail, and screens deadlines and claim types. If the matter may be a fit, we schedule a consultation to discuss options, risks, and next steps—or we let you know promptly if we cannot help.