California has some of the most comprehensive workplace harassment and discrimination protections in the world. But beyond the basic protections many workers know about, the state has added additional protections in recent years — ones that are particularly relevant for Hispanic workers in San Francisco and Northern California.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642 or request your free consultation here. 24/7 in English and Spanish.
California’s FEHA: The Primary Protective Framework
The Fair Employment and Housing Act (FEHA) is California’s principal statute prohibiting employment discrimination and harassment. FEHA protects workers from discrimination based on: race, color, ancestry, national origin, language, citizenship, religion, gender, gender identity, gender expression, sexual orientation, age (40+), medical condition, physical or mental disability, genetic information, military status, and marital status.
FEHA applies to employers with 5 or more employees — covering far more businesses than equivalent federal laws (which generally require 15 or more employees). This means many small businesses in San Francisco, the Mission District, Sonoma County, and other parts of Northern California are covered by FEHA even when they are not covered by federal law.
Additional Protections Beyond the Basics
Protection Based on Language and Accent
California explicitly prohibits discrimination based on the language an employee speaks or their accent. If your employer treats you differently, denies you promotions, or creates a hostile environment because you speak Spanish or have a Hispanic accent, that is national origin discrimination under FEHA — and it is completely illegal. This protection is especially important for Hispanic workers throughout Northern California. Learn more about racial and national origin discrimination in California.
Expanded Sexual Harassment Protections
Since 2019, California expanded sexual harassment protections in several important ways: the deadline for filing complaints was extended to 3 years (previously 1 year), employers are now required to provide sexual harassment prevention training to all employees, and the standard for proving a “hostile work environment” was made more favorable for victims. Additionally, since 2022, federal law prohibits forced arbitration in sexual harassment cases — giving victims the right to go to court. Read about your rights against sexual harassment.
Pregnancy and Maternity Protections
California has some of the strongest maternity protections in the country. Employers must provide reasonable accommodations during pregnancy, Pregnancy Disability Leave (PDL) of up to 4 months, and additional California Family Rights Act (CFRA) leave. Discriminating against an employee for being pregnant, for having taken maternity leave, or for breastfeeding is illegal. Learn about pregnancy discrimination in California.
Protections for LGBTQ+ Workers
California prohibits discrimination based on sexual orientation and gender identity under FEHA. This includes protection against harassment, discrimination in promotions and working conditions, and access to facilities consistent with the employee’s gender identity. Read about LGBTQIA+ workers’ rights in California.
Protections for Workers with Disabilities
Under FEHA, employers with 5 or more employees must provide “reasonable accommodations” for employees with disabilities — which can include schedule changes, specialized equipment, or workplace modifications — unless doing so causes the employer “undue hardship.” In California, the definition of “disability” is broader than under the federal ADA. Learn about disability discrimination in California.
Did you experience discrimination or harassment at your workplace in California?
Attorney Arlo Uriarte can evaluate your case today — free, in Spanish. 1-888-442-2642 — free consultation here — 24/7.
Special Protections in San Francisco
San Francisco goes beyond state protections in several important areas. The San Francisco Non-Discrimination Ordinance prohibits discrimination based on: source of income (which protects workers receiving public assistance), credit status or credit history, and status as a formerly incarcerated person. The Fair Scheduling Ordinance protects retail and restaurant workers from abusive schedule changes. And San Francisco has one of the most generous paid sick day ordinances in the state.
Retaliation: The Most Underestimated Protection
One of the most powerful and least understood protections: it is completely illegal for an employer to take any negative action against an employee for reporting discrimination or harassment, participating in an investigation, requesting reasonable accommodations, or exercising any right protected under FEHA.
This retaliation protection is frequently the most valuable additional claim in a case. If your employer terminated you, reduced your hours, demoted you, or took any negative action after you reported discrimination or harassment, you have an independent retaliation claim that adds to your discrimination or harassment case. Read about your rights against workplace retaliation in California.
Geographic Coverage and Specific Protections
FEHA protections apply equally throughout Northern California — in Napa Valley restaurants, in Monterey County agricultural fields, in Solano County warehouses, in San Mateo County offices, and in private homes in Marin County. Distance from San Francisco does not reduce any of these protections.
Not sure whether what you experienced qualifies as discrimination or harassment?
Call 1-888-442-2642 to speak with attorney Arlo Uriarte. Free consultation in Spanish — no obligation — 24/7.
Frequently Asked Questions — Discrimination Protections in California
Does FEHA apply if I work at a small company?
Yes. FEHA applies to employers with 5 or more employees — far broader than federal laws that generally require 15 or more. This means most small restaurant, retail, and service businesses in San Francisco and Northern California are covered. If your employer has 5 or more employees, FEHA applies to your situation. For smaller employers, other protections may apply depending on the circumstances. Call 1-888-442-2642 to evaluate your specific case.
Can my employer prohibit me from speaking Spanish at work?
Only under very limited circumstances. An “English-only” workplace policy is only legal if the employer can demonstrate it is a genuine business necessity — for example, for safety reasons or for direct communication with clients who only speak English. It cannot apply during rest breaks, and it cannot be used to punish or discriminate against Hispanic employees. If your employer has a language policy that affects you or if you have been discriminated against for speaking Spanish, that may constitute illegal national origin discrimination. Call 1-888-442-2642.
What are “reasonable accommodations” and when must my employer provide them?
A reasonable accommodation is a modification to the job, workplace, or company policy that allows an employee with a disability or medical condition to perform their work. Examples include: schedule changes, remote work, specialized equipment, physical workplace modifications, or reassignment to a different position. The employer must provide the accommodation unless it causes “undue hardship” — a high standard that most employers cannot easily meet. If you requested a reasonable accommodation and it was denied, or if you were terminated for needing one, you have grounds for a lawsuit. Call 1-888-442-2642.
How long do I have to file a discrimination complaint in California?
You have 3 years from the most recent discriminatory act to file a complaint with the California Civil Rights Department (CRD). If you prefer to file with the federal EEOC, you have 300 days. For direct civil lawsuits under FEHA, the deadline is also 3 years. These deadlines are longer than in many other states — but they are not unlimited. Act quickly: evidence is fresher, witnesses remember more clearly, and you preserve all your legal options. Call 1-888-442-2642.
Can my employer give me negative reviews for filing a discrimination complaint?
No. That would be illegal retaliation. If you file a discrimination complaint and your employer begins giving you negative performance reviews that do not reflect your actual work, denies you promotions you would otherwise receive, or takes any negative action connected to your complaint, that is illegal retaliation under FEHA. Retaliation in discrimination cases is taken very seriously by California juries — it frequently results in significant additional compensation. Call 1-888-442-2642.
Is discrimination based on physical appearance protected?
California prohibits discrimination based on racial characteristics in the workplace, including physical characteristics associated with race or ethnic origin. This includes skin color, facial features, and hair type. Since 2019, California’s CROWN Act explicitly prohibits discrimination based on natural hair or hairstyles historically associated with race — including braids, locs, and afros. Additionally, national origin discrimination can include discrimination based on physical appearance associated with that origin. If you suffered discrimination based on how you look, call 1-888-442-2642.
What can I recover in a discrimination case in California?
In successful FEHA discrimination cases in California, you can recover: lost wages (back pay and front pay), emotional distress damages (anxiety, depression, and distress caused by the discrimination), punitive damages in cases of particularly malicious conduct, and attorney’s fees paid by the employer. Unlike federal laws, FEHA has no cap on emotional distress damages — which can make serious discrimination cases significantly more valuable in California than in other states. Call 1-888-442-2642 for a free evaluation.
Does Liberation Law Group handle discrimination cases throughout the region?
Yes. We represent workers in San Francisco, Oakland, San Jose, Sonoma County, Marin County, Napa County, and throughout the region. Call 1-888-442-2642.
Know Your Protections — Act Today
California has a robust system of protections against discrimination and harassment — but those protections only work when workers exercise them. Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.
Liberation Law Group — Employment Attorneys for Workers, 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
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