Sex and gender discrimination at work in California

California law protects you from workplace discrimination based on sex, gender, gender identity, and gender expression. Unequal pay and sexual harassment can raise related concerns, even if you have not been fired. The facts, employer coverage, and filing route matter.

Legal language, translated

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What the law saysWhat it means

Covered employers may not base job terms on sex, gender identity, or gender expression.Summary of the law
Your gender should not decide your job opportunities.
Source: GOV section 12940
Retaliation for opposing discrimination or participating in a complaint is prohibited.Summary of the law
Speaking up about discrimination can be protected.
Source: GOV section 12940

What California law protects

FEHA, the Fair Employment and Housing Act, is California's main anti-discrimination law. Government Code section 12940 bars covered employers from basing hiring, firing, promotions, pay, or other job terms on sex or gender. Protection includes gender identity, your understanding of your gender, and gender expression, how you express gender through appearance or behavior.

Sexual harassment is a form of sex discrimination. It can involve unwanted sexual conduct or harassment based on sex without sexual interest. Job benefits tied to accepting sexual conduct and a hostile work environment can raise different concerns. Pregnancy, childbirth, breastfeeding, and related medical conditions also fall within sex protections.

FEHA's discrimination rules cover employers that regularly employ 5 or more people. Harassment rules cover employers with 1 or more employees. Retaliation for opposing discrimination or harassment, or for taking part in a complaint, is also prohibited. Source: GOV section 12926
Government Code section 12940(h) prohibits retaliation for opposing discrimination or harassment or participating in a complaint. Harassment protections include employees, applicants, unpaid interns, volunteers, and contractors. Source: GOV section 12940
California's Equal Pay Act, Labor Code section 1197.5, applies to public and private employers regardless of size. It generally bars lower pay than employees of another sex for substantially similar work; outside salespersons are excluded. The California Equal Pay Act also covers race and ethnicity. Source: DIR: California Equal Pay Act

What it can look like

These situations may be worth reviewing. Keep track of the reason given for a decision, what actually happened, and how others doing similar work were treated.

You apply for a supervisor job, and the manager says women cannot handle the crew before choosing a man with less relevant experience.
You tell your supervisor you are transgender. Soon after, you lose customer-facing duties because the supervisor says clients might feel uncomfortable.
You are nonbinary, and your manager repeatedly uses the wrong name and pronouns on purpose after you explain how to address you.
You are told to use a separate restroom instead of the restroom that matches your gender identity, even though you did not request a separate space.
You learn that you earn less than a coworker of another sex, although your work requires similar skill, effort, and responsibility under similar conditions.
Your supervisor suggests that accepting sexual advances will help you keep a preferred schedule, or coworkers repeatedly send you unwanted sexual messages.
You report sexist comments to human resources. Your manager then cuts your shifts and says you caused trouble by complaining.

What usually is not covered

A difficult workplace does not automatically show sex or gender discrimination. The link between the treatment and a protected characteristic or protected complaint matters.

A rude manager or an unwanted assignment, without a connection to sex, gender, or another protected reason, does not by itself establish FEHA discrimination.
A job decision based on actual job performance may be allowed. A negative review is not automatically discriminatory, though changing explanations or gender stereotypes may deserve closer review.
Different pay does not always violate the Equal Pay Act. A reasonably applied seniority, merit, or production system may explain the full difference. Other job-related factors must meet the law's requirements.
Different job titles do not settle an equal pay question. The work itself matters, including skill, effort, responsibility, and working conditions.

What to keep a record of

A clear timeline can help you explain what happened without guessing. Separate what you saw or heard yourself from what someone else told you. Keep your own copies somewhere you can lawfully access them after leaving the job.

Do not take confidential company documents that you are not allowed to keep.

Write down dates, locations, names, witnesses, and the words used. Include comments about gender roles, your identity, or your appearance.
Keep texts and emails you received, schedules, reviews, promotion notices, and written explanations for changes in your work.
Save your pay stubs and job descriptions. Describe your actual duties and any pay information coworkers voluntarily shared with you.
Keep copies of complaints you made, the people you told, the responses you received, and any later changes in hours, duties, or treatment.

Where to file and deadlines

The California Civil Rights Department (CRD) handles FEHA employment complaints. The Labor Commissioner handles California Equal Pay Act claims. You may also file an Equal Pay Act lawsuit in court. Ask which claim and deadline fit your facts.

Deadlines can depend on your facts, so talk to a lawyer soon.

For employment complaints, you must submit an intake form to CRD within 3 years of the unlawful act. In limited cases this can be extended, for example up to 90 days when you discovered the facts later, or up to 1 year after you turn 18 if you were a minor. See Government Code section 12960. Source: CRD complaint process
After you receive a right-to-sue notice, you generally have 1 year from the date of the notice to file a lawsuit. That period can be paused in some situations, such as during CRD dispute resolution. If you also want to keep federal rights, the EEOC deadline for California workers is generally 300 days from the discrimination. Source: GOV section 12965
For California workers, the deadline to file an EEOC charge is generally 300 calendar days, including for age claims, because California has its own law on the same bases. Filing a charge with either the EEOC or CRD generally counts as filing with the other agency. Source: EEOC: Time limits
A California Equal Pay Act wage claim must be filed within 3 years, and you may be able to recover pay going back up to 6 years. If your employer takes action against you within 90 days of raising an equal pay concern, the law presumes retaliation unless the employer can show otherwise. Source: LAB section 1197.5
A California Equal Pay Act claim can be filed with the Labor Commissioner, with CRD, or in court. Source: DIR: California Equal Pay Act

Where to file in California

See where to file

Compare

Compare the reasons

Compare similar situations. The reason for the treatment and the context matter.

Usually not against the lawMay be against the law

A story to think it through

A change at work

Illustrative example. Not a real case or person.

Keisha. Sound mixer at a production studio in Burbank

What happened

Before
Keisha applies to supervise the sound crew.
Then
The manager says women cannot handle the crew.
Later
A man with less relevant experience gets the role. Keisha records what was said.

Point 1 of 3

What the law looks at

What reason did the manager give?: The law looks at the words used and the reason given for the decision.
What connects the decision to a protected characteristic?: The law looks at whether bias, rather than actual job qualifications, shaped the decision.
What records show what changed?: Records can help explain the timeline and the employer’s stated reason.

What Keisha could do next

Write down dates, words, and witnesses. Keep only records you are allowed to keep.
For employment complaints, you must submit an intake form to CRD within 3 years of the unlawful act. In limited cases this can be extended, for example up to 90 days when you discovered the facts later, or up to 1 year after you turn 18 if you were a minor. See Government Code section 12960. Deadlines can depend on your facts, so talk to a lawyer soon. Source: CRD complaint process
After you receive a right-to-sue notice, you generally have 1 year from the date of the notice to file a lawsuit. That period can be paused in some situations, such as during CRD dispute resolution. If you also want to keep federal rights, the EEOC deadline for California workers is generally 300 days from the discrimination. Deadlines can depend on your facts, so talk to a lawyer soon. Source: GOV section 12965

What this story doesn't tell you: how it ends.

Every situation depends on its own facts and records. A lawyer who reviews the details can explain what may apply.

Common questions

Do these protections apply if I am not transgender?

Treatment based on how you express your gender, including appearance or behavior that does not match stereotypes, is covered by gender expression protections. Starting January 1, 2027, California law will also expressly include conformity to sex or gender stereotypes in the definition of sex.

Can my employer make me use a restroom that does not match my gender identity?

CRD says employees have the right to use restrooms and locker rooms that correspond to their gender identity. A separate single-user facility should be a choice, not something forced on you. Write down the restriction and who imposed it.

Do I need a legal name change for my employer to use my name?

CRD says employees have the right to be addressed by the name and pronouns that match their gender identity or expression. A legal name change is not required for that right. An employer may need a legal name for certain official records.

Does equal pay mean we must have the same job title?

No. California's Equal Pay Act looks at substantially similar work, meaning work that is mostly alike in skill, effort, and responsibility under similar conditions. A pay difference still needs careful review because lawful reasons may explain it.

Can sexual harassment happen without physical touching?

Yes. Unwanted sexual comments, messages, gestures, or pressure tied to job benefits may raise harassment concerns. Harassment can also be based on sex without being driven by sexual interest. The conduct and its context matter.

What if I am punished after reporting the problem?

FEHA prohibits retaliation for protected complaints about discrimination or harassment. Save the complaint and note what changed afterward, including shifts, duties, or reviews. A later job problem is not automatically retaliation, so the timing and stated reasons matter.

Sources

Last reviewed October 28, 2026

This website provides general information about California law and is not legal advice. Information here may not apply to your situation.

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