{"id":4471,"date":"2024-10-26T21:39:33","date_gmt":"2024-10-26T21:39:33","guid":{"rendered":"https:\/\/liberationlawgroup.com\/additional-protections-against-harassment-and-discrimination-for-employees-in-california\/"},"modified":"2026-10-20T01:13:32","modified_gmt":"2026-10-20T01:13:32","slug":"additional-protections-against-harassment-and-discrimination-for-employees-in-california","status":"publish","type":"post","link":"https:\/\/liberationlawgroup.com\/en\/additional-protections-against-harassment-and-discrimination-for-employees-in-california\/","title":{"rendered":"Additional Protections Against Harassment and Discrimination for Employees in California"},"content":{"rendered":"

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 \u2014 ones that are particularly relevant for Hispanic workers in San Francisco and Northern California.
\nMy name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642<\/strong> or request your free consultation here<\/a>. We speak English and Spanish.
\nCalifornia’s FEHA: The Primary Protective Framework
\nThe 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.
\nFEHA applies to employers with 5 or more employees \u2014 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.
\nAdditional Protections Beyond the Basics
\nProtection Based on Language and Accent
\nCalifornia 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 \u2014 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.<\/a>
\nExpanded Sexual Harassment Protections
\nSince 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 \u2014 giving victims the right to go to court. Read about your rights against sexual harassment.<\/a>
\nPregnancy and Maternity Protections
\nCalifornia 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.<\/a>
\nProtections for LGBTQ+ Workers
\nCalifornia 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.<\/a>
\nProtections for Workers with Disabilities
\nUnder FEHA, employers with 5 or more employees must provide “reasonable accommodations” for employees with disabilities \u2014 which can include schedule changes, specialized equipment, or workplace modifications \u2014 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.<\/a><\/p>\n

Did you experience discrimination or harassment at your workplace in California?<\/strong>
\nAttorney Arlo Uriarte can evaluate your case today \u2014 free, in Spanish. 1-888-442-2642<\/strong> \u2014 free consultation here<\/a>.<\/p>\n

Special Protections in San Francisco
\nSan 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.
\nRetaliation: The Most Underestimated Protection
\nOne 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.
\nThis 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.<\/a>
\nGeographic Coverage and Specific Protections
\nFEHA protections apply equally throughout Northern California \u2014 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.<\/p>\n

Not sure whether what you experienced qualifies as discrimination or harassment?<\/strong>
\nCall 1-888-442-2642<\/strong> to speak with attorney Arlo Uriarte. Free consultation in Spanish \u2014 no obligation.<\/p>\n

Frequently Asked Questions \u2014 Discrimination Protections in California
\nDoes FEHA apply if I work at a small company?
\nYes. FEHA applies to employers with 5 or more employees \u2014 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<\/strong> to evaluate your specific case.
\nCan my employer prohibit me from speaking Spanish at work?
\nOnly under very limited circumstances. An “English-only” workplace policy is only legal if the employer can demonstrate it is a genuine business necessity \u2014 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<\/strong>.
\nWhat are “reasonable accommodations” and when must my employer provide them?
\nA 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” \u2014 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<\/strong>.
\nHow long do I have to file a discrimination complaint in California?
\nYou have 3 years<\/strong> 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 \u2014 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<\/strong>.
\nCan my employer give me negative reviews for filing a discrimination complaint?
\nNo. 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 \u2014 it frequently results in significant additional compensation. Call 1-888-442-2642<\/strong>.
\nIs discrimination based on physical appearance protected?
\nCalifornia 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 \u2014 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<\/strong>.
\nWhat can I recover in a discrimination case in California?
\nIn 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 \u2014 which can make serious discrimination cases significantly more valuable in California than in other states. Call 1-888-442-2642<\/strong> for a free evaluation.
\nDoes Liberation Law Group handle discrimination cases throughout the region?
\nYes. We represent workers in San Francisco, Oakland, San Jose, Sonoma County, Marin County, Napa County, and throughout the region. Call 1-888-442-2642<\/strong>.
\nKnow Your Protections \u2014 Act Today
\nCalifornia has a robust system of protections against discrimination and harassment \u2014 but those protections only work when workers exercise them. Call 1-888-442-2642<\/strong> or complete our free form. Attorney Arlo Uriarte is ready \u2014 in English or Spanish, at no cost.<\/p>\n

Liberation Law Group \u2014 Employment Attorneys for Workers<\/strong>
\n2760 Mission Street 2nd floor, San Francisco, CA 94110
\n1-888-442-2642<\/strong>
\nFree Consultation in Spanish \u2014 No Obligation \u2014 No Fee Unless We Win<\/p>\n","protected":false},"excerpt":{"rendered":"

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 \u2014 ones that are particularly relevant for Hispanic workers in San Francisco and Northern California. My name is Arlo Uriarte, employment attorney […]<\/p>\n","protected":false},"author":1,"featured_media":4472,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[771],"tags":[861,1064,1065,1066,730,1067,828,1068],"class_list":["post-4471","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-sexual-harassment-2","tag-discrimination-attorney-san-francisco","tag-harassment-at-work","tag-harassment-lawyer-san-francisco","tag-labor-and-employment-lawyer-san-francisco","tag-labor-discrimination","tag-lawsuit-for-workplace-harassment","tag-workplace-harassment","tag-workplace-harassment-claim"],"_links":{"self":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/posts\/4471","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/comments?post=4471"}],"version-history":[{"count":0,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/posts\/4471\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/media\/4472"}],"wp:attachment":[{"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/media?parent=4471"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/categories?post=4471"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/liberationlawgroup.com\/en\/wp-json\/wp\/v2\/tags?post=4471"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}