Who is protected from discrimination?
Despite the laws against it, discrimination still occurs in the workplace. California's Fair Employment and Housing Act (Government Code §12940) is broader than federal law, and it names the characteristics it protects: race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran or military status. "Sex" includes pregnancy, childbirth and breastfeeding, and "race" includes hair texture and protective hairstyles.
The statute reaches further than the decision to hire or fire. It requires employers to accommodate a known disability and to engage in a good-faith interactive process about it, it makes individual harassers personally liable, and it imposes an affirmative duty on the employer to take reasonable steps to prevent discrimination and harassment in the first place. A company that ignored complaints can be liable for that failure on its own.
Discrimination can occur at any point during employment — the hiring process, promotions, bonuses, scheduling or termination. Proving it can be difficult because there is rarely direct evidence of an employer's reasons. But you should still speak to an employment lawyer if you believe your employer acted illegally; patterns, timing and inconsistent explanations often tell the story.
Can you be fired for no reason in California?
Usually, yes. Labor Code §2922 makes employment without a fixed term terminable at will, which means an employer generally does not need a good reason. What it may never have is an illegal one.
Since Tameny v. Atlantic Richfield Co. (1980), an employee fired for a reason that violates a fundamental public policy — refusing to break the law, reporting illegal conduct, exercising a statutory right — can sue in tort rather than merely for breach of contract. That distinction is worth real money, because tort claims can support punitive damages. The policy has to be grounded in a constitutional or statutory provision and be public, well-established and substantial, which is a question we evaluate before filing.
How do you prove a wrongful termination?
Sometimes an employer has a legitimate reason to fire or lay off an employee. But termination can also be an act of discrimination or retaliation, and it is illegal if it violates laws or contracts concerning your employment.
- Check your contract and handbookUnderstand the terms of your employment and any conditions regarding termination.
- Ask for the reason in writingYou are entitled to know why you were let go. Shifting explanations are evidence.
- Note the timingWere you fired shortly after a complaint, a medical leave, a wage dispute or a report of misconduct?
- Speak to an attorney immediatelyStrict filing deadlines apply to discrimination and retaliation claims in California.
What protects you if you spoke up?
Retaliation is the most provable claim in employment law, and often the strongest. Labor Code §1102.5 protects an employee who discloses a suspected violation of law — to a government agency, to a supervisor with authority over them, or to another employee with authority to investigate — and it protects a refusal to participate in conduct that would be unlawful. Labor Code §98.6 separately protects employees who file a claim with the Labor Commissioner or assert rights under the Labor Code, and it creates a rebuttable presumption of retaliation when the employer acts within 90 days of the protected activity.
What makes §1102.5 unusually powerful is the burden it places on the employer. Once you show that your protected activity was a contributing factor in the decision, §1102.6 requires the employer to prove by clear and convincing evidence that it would have taken exactly the same action anyway. In Lawson v. PPG Architectural Finishes (2022) the California Supreme Court confirmed that this standard, not the older burden-shifting framework, governs these claims. Both statutes also allow a civil penalty of up to $10,000 per violation payable to the employee.
Can an employer use AI to screen you out?
Only within the same limits that apply to a human decision-maker. California's Civil Rights Council adopted regulations effective October 1, 2025 confirming that an employer's use of automated decision systems in recruiting, screening, testing or promotion can constitute discrimination under FEHA, and imposing recordkeeping obligations on the data those systems use. An algorithm that filters out applicants over a certain age, or that scores candidates on traits correlated with a protected characteristic, is not a shield for the employer — it is evidence. This is a new and fast-moving area, and we are actively evaluating these claims.
How long do you have to file a discrimination claim?
Three years from the last discriminatory act to file a complaint with the California Civil Rights Department — the agency known as the DFEH until 2022 — under Government Code §12960(e)(5). Once the department issues your right-to-sue notice, Government Code §12965(c)(1)(D) gives you one year to file in court. Limited extensions exist for facts discovered late and for claimants who were minors, but they are narrow. Wage-based and penalty claims that often accompany a wrongful termination run on much shorter clocks, some as brief as one year.
We are prepared to discuss your case and determine what legal action should be taken — whether it is an individual claim or a case on behalf of everyone affected. We offer free consultations and charge nothing upfront. Our office is in San Diego, and we routinely handle cases in all State and Federal Courts throughout California — wherever in the state you live or work.