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Employment Claims

Workplace Discrimination

California's Fair Employment and Housing Act provides some of the broadest workplace discrimination protections in the country. When an employer makes decisions based on protected characteristics rather than merit, those decisions are unlawful — and employees have the right to pursue meaningful remedies. Serving Los Angeles, Santa Monica, Beverly Hills and Malibu.

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Discrimination in the workplace is not always obvious — it often operates through pretextual rationales, patterns of treatment and biased decision-making that requires skilled legal analysis to expose.

California's Fair Employment and Housing Act (FEHA) prohibits discrimination in all aspects of employment — hiring, promotion, compensation, assignment, training and termination — based on a wide range of protected characteristics. FEHA applies to employers with five or more employees and provides broader protections than federal law in several important respects.

Discrimination cases frequently turn on circumstantial evidence — a pattern of differential treatment, pretextual justifications for adverse decisions, comments or conduct reflecting bias and statistical disparities in how employees with certain characteristics are treated. Building a compelling discrimination claim requires both factual investigation and legal skill.

Eagan Law represents employees in discrimination claims from the administrative filing stage through civil litigation — pursuing the full range of available remedies including back pay, front pay, emotional distress damages, punitive damages and attorneys' fees.

In the entertainment industry, age discrimination in executive hiring and firing is pervasive — experienced professionals are systematically replaced with younger, lower-cost alternatives while employers construct pretextual justifications to avoid liability. Pregnancy discrimination in high-level corporate leadership is similarly common, with employers using "performance" rationales to mask the real basis for adverse decisions. California's FEHA provides some of the nation's strongest protections against both — and Eagan Law pursues them aggressively.

Discrimination claims are rarely isolated — they commonly arise alongside wrongful termination claims where the adverse decision was based on a protected characteristic, workplace sexual harassment claims where harassment and discrimination occur in the same environment, and executive severance disputes where discriminatory terminations are dressed up as business decisions.

FEHA Covers More Than Federal Law

FEHA applies to employers with 5 or more employees — lower than Title VII's 15-employee threshold. FEHA also covers a broader range of protected characteristics including gender identity, sexual orientation and certain medical conditions not covered by federal law.

Three-Year Administrative Filing Deadline

Employees must file a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory act before filing a civil lawsuit. This administrative step is mandatory — missing the deadline permanently bars the civil claim.

Attorneys' Fees for Prevailing Employees

FEHA expressly allows a prevailing plaintiff to recover attorneys' fees and costs from the employer — an important feature that makes discrimination claims viable even where individual damages would not otherwise support full-scope litigation.

Related Practice Areas
Wrongful TerminationSexual HarassmentExecutive Severance
Types of Claims

Workplace Discrimination Claims We Handle

01

Race, National Origin & Ancestry

California FEHA (Government Code § 12940) and federal Title VII both prohibit race discrimination in all aspects of employment. But 42 U.S.C. § 1981 — the post-Civil War federal civil rights statute — provides a critical additional avenue: it covers all employers regardless of size, allows direct court filing without an administrative complaint, and has a four-year federal statute of limitations. Race discrimination claims frequently involve discriminatory application of discipline, promotion decisions based on race rather than performance and hostile work environments targeting employees because of their racial or ethnic background.

  • Racially discriminatory hiring and promotion
  • Discriminatory discipline and performance reviews
  • Race-based hostile work environment
  • National origin and accent discrimination
  • Disparate impact claims — California FEHA & Title VII
  • 42 U.S.C. § 1981 — direct court claims, no admin filing required
02

Sex, Gender & Pregnancy Discrimination

FEHA prohibits discrimination based on sex, gender, gender identity, gender expression and pregnancy. Pregnancy discrimination claims frequently involve discriminatory treatment of employees who announce a pregnancy, take pregnancy leave or return from leave. Gender discrimination claims may involve pay disparities, exclusion from opportunities or stereotyping-based adverse decisions.

  • Pregnancy discrimination and accommodation failure
  • Pay disparity and gender-based compensation
  • Promotion and assignment discrimination
  • Failure to accommodate pregnancy-related conditions
  • Gender identity and expression discrimination
03

Disability & Medical Condition Discrimination

FEHA requires employers to provide reasonable accommodations to disabled employees and to engage in a good-faith interactive process when accommodation is requested. Failure to accommodate, failure to engage in the interactive process and termination of a disabled employee without exploring accommodation options are each independent FEHA violations.

04

Age Discrimination

FEHA and the federal Age Discrimination in Employment Act (ADEA) protect employees age 40 and over from discrimination based on age. Age discrimination claims frequently arise in the context of layoffs — where the reduction in force disproportionately affects older workers — and in promotion and succession decisions where younger employees are preferred despite less experience.

  • Age-based layoff and reduction in force claims
  • Promotion and succession discrimination
  • Age-based performance review manipulation
  • Forced early retirement claims
  • Hostile work environment based on age
Why Eagan Law

Building the Case Against Workplace Discrimination

Discrimination cases are built on evidence — and the most important evidence is gathered early. Eagan Law moves quickly to preserve what is needed and to construct the strongest possible case.

1

Pattern and Pretext Analysis

Discrimination rarely announces itself. Eagan Law analyzes patterns of treatment, the employer's stated justifications for adverse decisions and the statistical and anecdotal record to expose bias that hides behind pretextual rationales.

2

Administrative Process Managed From Day One

FEHA discrimination claims require a timely administrative complaint with the CRD before a civil lawsuit can be filed. Eagan Law manages this process carefully — ensuring the administrative filing preserves the full scope of available civil claims.

3

Full Range of FEHA Remedies

Successful FEHA discrimination claims can support back pay, front pay, emotional distress damages, punitive damages and attorneys' fees. Eagan Law builds the case for the full remedy from the initial client consultation.

4

Personal Involvement at Every Stage

Todd Eagan is personally involved in every matter at the firm. In discrimination cases — where the employer's defenses are often sophisticated and well-resourced — having senior-level counsel engaged throughout makes a material difference.

California Law

California Workplace Discrimination Law

The Fair Employment and Housing Act (Government Code §§ 12900–12996) is California's principal employment discrimination statute — broader than federal Title VII in several critical respects: it applies to employers with five or more employees (versus Title VII's fifteen), covers more protected characteristics, provides a three-year administrative filing deadline, and allows uncapped emotional distress and punitive damages.

FEHA's employer coverage threshold — five or more employees — is broader than federal Title VII's 15-employee threshold, extending California's protections to smaller employers. FEHA also provides for a longer administrative filing deadline (three years versus 180/300 days under Title VII) and broader remedies including emotional distress damages without a cap equivalent to Title VII's limitations.

For racial discrimination claims specifically, 42 U.S.C. § 1981 provides a powerful parallel federal remedy. Unlike Title VII, § 1981 applies to all employers regardless of size, requires no administrative filing with the EEOC or California Civil Rights Department before going to court, carries a four-year statute of limitations, and allows recovery of compensatory and punitive damages. In high-stakes racial discrimination cases, § 1981 is often the stronger vehicle — and California employees can pursue both California FEHA and § 1981 claims simultaneously.

Administrative Filing Requirement: FEHA discrimination claims must be filed with the California Civil Rights Department within three years of the discriminatory act before a civil lawsuit can be filed. Federal EEOC claims must be filed within 300 days of the act. Both administrative deadlines are strictly enforced — consultation with an attorney promptly following any adverse employment action is strongly advised.

The California Equal Pay Act (Labor Code § 1197.5) prohibits pay disparities based on sex, race or ethnicity for substantially similar work, and creates a private right of action with back pay and liquidated damages.

Common Questions

Frequently Asked Questions

What is the difference between FEHA and Title VII?

Both prohibit workplace discrimination, but FEHA is broader in several important ways. FEHA applies to employers with five or more employees — Title VII requires fifteen. FEHA covers more protected characteristics, including gender identity, gender expression, sexual orientation and certain medical conditions not covered by Title VII. FEHA also provides a longer administrative filing deadline (three years versus 300 days) and allows uncapped emotional distress damages. California employees typically have stronger protections under FEHA than under federal law.

What counts as an adverse employment action in a discrimination case?

An adverse employment action is a significant change in employment status that a reasonable employee would find materially disadvantageous. Common examples include termination, demotion, reduction in pay, denial of promotion, reassignment to less desirable duties and significant changes in working conditions. Recent California and U.S. Supreme Court decisions have confirmed that the adverse action need not rise to the level of termination — a wide range of materially harmful employment decisions can support a discrimination claim.

Do I have to file a complaint before suing for workplace discrimination in California?

Yes. FEHA requires employees to file an administrative complaint with the California Civil Rights Department (CRD) and receive a Right to Sue notice before filing a civil lawsuit. The complaint must be filed within three years of the discriminatory act. Federal Title VII claims require a charge with the EEOC within 300 days. Both steps must be completed before a civil lawsuit may be filed, and errors in the administrative process can affect the scope of available civil claims.

Can I recover attorneys' fees if I win a workplace discrimination lawsuit?

Yes. FEHA expressly provides that a prevailing plaintiff in a discrimination lawsuit may recover attorneys' fees and costs from the employer. This fee-shifting provision is significant — it makes discrimination claims viable even where individual damages would not otherwise support full litigation and creates a meaningful financial deterrent for employers who engage in unlawful discriminatory conduct.

What if the discrimination was subtle — not a direct comment or obvious act?

Discrimination is rarely overt. Courts and juries evaluate the totality of the circumstances — including patterns of differential treatment, pretextual justifications for adverse decisions, statistical disparities and circumstantial evidence of bias. Subtle or indirect discrimination is just as actionable as explicit discriminatory statements. Building a compelling case requires careful factual investigation and legal analysis — which is why experienced counsel matters from the outset.

Discuss Your Matter

California's FEHA provides powerful protections against workplace discrimination. All consultations are completely confidential.

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