California Workplace Discrimination Lawyer

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When the Job Decision Was About Who You Are

Workplace discrimination in California happens when an employer treats an employee or applicant differently because of a characteristic that has nothing to do with the job — race, age, gender, disability, religion, sexual orientation, gender identity, pregnancy, national origin, ancestry, marital status, medical condition, military service. California’s Fair Employment and Housing Act protects a broader set of characteristics than federal law, and applies to employers as small as five employees.

A California workplace discrimination lawyer is the person who proves what the employer would never put in writing — that the real reason for the firing, the demotion, the missed promotion, or the pay gap was the employee’s protected status. KBK Lawyers represents employees in FEHA discrimination cases across California.

What FEHA Protects

The Fair Employment and Housing Act prohibits discrimination based on:

  • Race, color, ancestry, national origin
  • Religion or creed
  • Age (40 and over)
  • Sex, gender, gender identity, gender expression
  • Sexual orientation
  • Pregnancy, childbirth, breastfeeding, or related medical conditions
  • Marital status
  • Disability (physical, mental, or medical condition)
  • Genetic information
  • Military and veteran status
  • Citizenship and immigration status (in specified ways)
  • Reproductive health decisionmaking
  • Victim-of-violence status

Some of those categories have additional, dedicated statutes (CFRA, PDL, the California Family Rights Act). A California workplace discrimination lawyer reviews the case against every applicable statute, not just FEHA.

How Discrimination Cases Are Proven

There are two basic frameworks under California discrimination law:

  • Disparate treatment — the employer treated the employee differently because of the protected status. Proven by direct evidence (rare) or by inferences drawn from comparators, timing, and pretext.
  • Disparate impact — a facially neutral policy or practice falls more heavily on a protected group. Proven by statistical and structural evidence.

A California workplace discrimination lawyer builds the case through comparator analysis (how were similarly situated employees outside the protected class treated), performance review history before and after the protected activity, direct statements from decisionmakers, documentary evidence of policy changes, and internal complaints and the employer’s response.

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Why KBK Lawyers

Brian Kabateck, our founding partner, is a past President of Consumer Attorneys of California and a past President of the Consumer Attorneys Association of Los Angeles. Our firm handles FEHA discrimination claims with the same complex-litigation approach we bring to any institutional-defendant matter — depositions of decisionmakers, written-discovery campaigns, and trial preparation from the first month.

 

A California workplace discrimination lawyer at our firm pleads every applicable theory, brings the right experts (industrial-organizational psychologists, statisticians, vocational specialists), and prepares the case for a California jury that has shown a willingness to hold employers accountable.

What You Can Recover

  • Back pay and front pay
  • Emotional distress damages
  • Punitive damages where the conduct was malicious, oppressive, or fraudulent
  • Statutory penalties under specific California Labor Code and FEHA provisions
  • Reinstatement to the position when appropriate
  • Attorney’s fees and costs paid by the employer
  • Injunctive relief requiring policy or training changes

Deadlines

FEHA discrimination, harassment, and retaliation claims require filing a charge with the California Civil Rights Department within three years of the last violation (AB 9 extended this from one year to three in 2020). After the right-to-sue letter issues, the plaintiff has one year to file the civil case. A California workplace discrimination lawyer at our firm reviews the timeline at the first call.

Frequently Asked Questions

Most discrimination cases involve a stated reason. The legal question is whether the stated reason is the true reason or pretext for an unlawful motive. Pretext is often proven by inconsistency between the stated reason and the documentary record, by comparator evidence, and by timing.

No. Most discrimination cases are proven by circumstantial evidence. Comparator analysis, timing relative to protected activity, performance-review patterns, and policy enforcement evidence routinely carry cases through to verdict.

California’s FEHA protects more categories than federal Title VII and ADA, applies to smaller employers (5 or more for discrimination), and gives plaintiffs a longer statute of limitations and stronger damages. Most California discrimination cases proceed under FEHA rather than federal law for that reason.