What are the laws on workplace discrimination in California, and what actions can be taken if an employee experiences discrimination?

The state of California has several laws in place to protect employees from workplace discrimination. These laws are meant to ensure that individuals are not discriminated against on the basis of their race, color, national origin, ancestry, religion, sex, gender, gender identity, sexual orientation, age, disability, or medical condition.

The California Fair Employment and Housing Act (FEHA) is the primary law that prohibits workplace discrimination. This law applies to all employers in California who have five or more employees. Under FEHA, it is illegal for employers to discriminate against an employee in any aspect of employment, including hiring, firing, promotions, pay, and working conditions.

If an employee experiences discrimination in the workplace, they may take legal action against their employer. The first step is to file a complaint with the California Department of Fair Employment and Housing (DFEH), which is the government agency that enforces FEHA. The employee must make this complaint within one year of the date of the discriminatory act.

After filing the complaint, the DFEH will investigate the matter and determine if there is enough evidence to pursue the case further. If the DFEH determines that there is probable cause to believe discrimination occurred, they will attempt to resolve the matter through mediation or other informal methods.

If the case cannot be resolved informally, the DFEH may file a lawsuit on behalf of the employee, or they may issue a "right to sue" notice, which allows the employee to pursue legal action on their own. It is important to note that employees have a limited amount of time to file a lawsuit, typically one year from the date of the right-to-sue notice.

Additionally, an employee may choose to file a lawsuit against their employer directly, without filing a complaint with the DFEH first. In this case, the employee must file their lawsuit within two years of the date of the discriminatory act.

It's important to note that there are some exceptions and limitations to these laws. For example, in some cases, an employer may be able to show that a certain requirement or qualification for a job is necessary for the job to be performed effectively. In other cases, an employer may be able to show that a certain action was taken for legitimate business reasons.

If you feel you have experienced workplace discrimination, it is recommended to consult with a licensed attorney to understand your legal options and to best protect your rights.