Short answer: California law prohibits employers from treating you worse because of your race, color, national origin, ancestry or ethnicity, and the protection covers hair texture and protective hairstyles, accent and language, and association with people of another race. Racial discrimination shows up in hiring, pay, promotion, discipline, termination, and in harassment that creates a hostile work environment, and retaliation for complaining about it is a separate violation. The Fair Employment and Housing Act applies to employers with five or more employees and allows uncapped damages; federal Title VII applies at 15. Abdi & Associates, Inc. helps individuals with racial discrimination claims throughout California. The consultation is free.
What the law prohibits
Government Code section 12940(a) makes it unlawful for an employer to refuse to hire, to fire, or to discriminate in compensation or in the terms, conditions or privileges of employment because of race, color, national origin or ancestry. Since 2020 the CROWN Act has defined race to include traits associated with race, including hair texture and protective hairstyles such as braids, locs and twists (section 12926(w)). Discrimination based on accent, English-only rules that are not justified by business necessity, and immigration-related harassment are treated as national origin discrimination (Cal. Code Regs., tit. 2, section 11028). Harassment because of race is prohibited at employers of any size (section 12940(j)).
Forms of racial discrimination
Disparate treatment
Being treated less favorably because of race: passed over for hiring or promotion, paid less, given worse assignments or shifts, disciplined more harshly, or fired when others who did the same thing were not. Intent is proven with comparisons to how others were treated, comments by decision makers, shifting explanations, and statistics.
Disparate impact
A policy that is neutral on its face, such as a criminal background screen, a grooming rule, a language requirement or a testing requirement, that falls more heavily on employees of one race and is not justified by business necessity. No proof of intent is required.
Harassment
Slurs, jokes, nicknames, stereotypes, offensive images, mocking of accent or appearance, and exclusion or intimidation because of race that is severe or pervasive enough to alter the work environment. A single severe incident, such as use of a racial slur by a supervisor, can be enough (section 12923). See our hostile work environment page.
Retaliation
Firing, demoting or otherwise punishing an employee for complaining about racial discrimination, supporting a coworker’s complaint, or participating in an investigation (section 12940(h)). Retaliation is actionable even when the underlying discrimination claim is not proven, as long as the complaint was made in good faith.
Examples
- a Black employee with strong reviews is passed over for promotion three times in favor of less qualified white candidates;
- a Latino warehouse crew is paid less than the non-Latino crew doing the same work;
- an employee is told to cut her locs or “look more professional” as a condition of a customer-facing role;
- a supervisor uses slurs and the employer does nothing after a complaint;
- an employee is written up for speaking Spanish on break under an English-only rule;
- an Asian American manager is excluded from meetings and then laid off shortly after reporting a colleague’s racist comments.
What you can recover
Back pay and lost benefits, front pay or reinstatement, emotional distress damages, punitive damages where the employer acted with malice or oppression, and attorney fees and costs. FEHA damages are not capped; Title VII compensatory and punitive damages are capped by employer size, which is one reason most California cases are brought under state law.
Deadlines and where to file
- California Civil Rights Department (CRD): file a complaint within three years of the last act of discrimination (Government Code section 12960). You may request an immediate right-to-sue notice and file in court within one year of it (section 12965), or ask the CRD to investigate.
- EEOC: a charge within 300 days for Title VII claims, and a lawsuit within 90 days of the EEOC right-to-sue notice. A charge filed with one agency is generally cross-filed with the other.
- Section 1981 claims for race discrimination in contracting, including employment, may be filed directly in federal court within four years and are not limited by employer size.
Proving the case
Most racial discrimination cases are proven circumstantially. The evidence that matters: your performance history; how employees of other races were treated for the same conduct; comments and messages by decision makers; the employer’s explanation and whether it changed over time; deviations from written policies; workforce statistics; and the timing of any complaint. Keep copies of reviews, schedules, pay records, texts and emails at home, and write down incidents with dates and witnesses as they happen. Do not secretly record conversations; California requires the consent of all parties (Penal Code section 632).
How Abdi & Associates can help
Abdi & Associates, Inc. helps individuals with racial discrimination and harassment claims throughout California. We evaluate the evidence against the FEHA standard, preserve the deadlines and agency filings, and, where a case calls for it, work with experienced employment trial counsel we trust while staying involved in your case. We work remotely, by phone, video and secure electronic signature. The consultation is free and confidential. Call (888) 772-2529 or, in Spanish, (323) 310-4264.
Frequently asked questions
Does racial discrimination have to be intentional?
No. Intentional discrimination and neutral policies with a discriminatory effect are both unlawful. Harassment is judged by its effect on the workplace, not the harasser’s stated intent.
Can I be discriminated against because of my accent or the language I speak?
Discrimination based on accent is national origin discrimination unless the accent materially interferes with job performance, and English-only rules are permitted only where justified by business necessity with notice to employees.
What if my employer says the decision was about performance?
That is the usual defense. The case turns on whether the explanation is consistent with your record, with how others were treated, and with the timing.
How long do I have to file?
Three years to file with the Civil Rights Department under FEHA; 300 days for an EEOC charge; four years for a federal section 1981 claim.
See also employee retaliation, wrongful termination and the employment law overview.
Sources: Cal. Gov. Code §§ 12923, 12926(w), 12940(a), (h), (j), 12960, 12965; Cal. Code Regs., tit. 2, § 11028; Cal. Penal Code § 632; 42 U.S.C. §§ 1981, 2000e-2, 2000e-3, 2000e-5.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.