Race and national origin discrimination at work in California

What California law protects

FEHA, the Fair Employment and Housing Act, is California's main anti-discrimination law. Government Code section 12940 covers discrimination, harassment, and retaliation at work. Retaliation means punishment for protected activity, such as reporting discrimination or helping with an investigation.

Race, color, ancestry, and national origin are protected traits. The law can apply when an employer is wrong about your background. Protection can reach hiring, pay, assignments, promotions, training, and dismissal, not just the loss of a job.

• 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. Government Code section 12940(h) prohibits this retaliation. Source: Government Code section 12926
• CRD describes race as including hair texture and protective hairstyles. These are the race-related hair protections often called the CROWN Act protections. A grooming rule can raise concerns when it targets these traits.
• A rule that limits or bans a language at work is unlawful unless the employer shows a business necessity for it, keeps the rule narrowly tailored to that need, and gives workers effective notice. Convenience and customer or coworker preference are not enough. See California Code of Regulations, title 2, section 11028. Source: CRD Immigration Rights fact sheet
• CRD identifies unfair treatment for an accent that coworkers and customers understand as a possible form of discrimination. It also identifies threats to call immigration authorities after a harassment complaint as possible retaliation.

What it can look like

These situations may be worth reviewing. The reason for the treatment, the job duties, and the surrounding facts matter.

• You apply for a customer-facing job, and the manager says customers would prefer someone from a different racial background.
• You do the same work as coworkers, but your supervisor gives you worse assignments and comments on your darker skin color.
• You are told your natural hair texture or protective hairstyle looks unprofessional, and you lose a chance to move into a public-facing role.
• You are told to stop speaking Spanish during your breaks. California does not allow English-only rules during breaks, lunch, or other non-work time. Source: CRD Immigration Rights fact sheet
• You speak English with an accent that customers understand, but a manager removes you from customer calls because of how you sound.
• You report repeated insults about your family's country of origin. Your supervisor responds by threatening to call immigration authorities.
• You are denied training because a manager assumes you come from a certain country, even though that assumption is wrong.

What usually is not covered

An unpleasant decision is not automatically discrimination. A review should consider the employer's explanation as well as evidence of bias.

• A disagreement over work methods, without a connection to a protected trait or protected activity, usually does not establish FEHA discrimination.
• A rule that limits or bans a language at work is unlawful unless the employer shows a business necessity for it, keeps the rule narrowly tailored to that need, and gives workers effective notice. Convenience and customer or coworker preference are not enough. Source: CRD Immigration Rights fact sheet
• Federal law can require work-authorization inquiries. CRD's immigration guidance does not mean an employer must ignore those requirements.
• A rude remark does not automatically establish unlawful harassment. Its seriousness, context, and whether the behavior repeats matter.

Related protections

A biased job decision and repeated workplace insults can raise different issues. If you are punished after speaking up, keep that concern separate in your notes so the sequence is clear.

• Discrimination overviewSee other protected traits and work decisions.
• Hostile work environmentLearn about harassment tied to a protected trait.
• RetaliationUnderstand punishment after reporting a concern.

What to keep a record of

Save material you already have permission to keep. A clear timeline can help you explain what changed, who made the decision, and what reason you were given.

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

• Write dates, names, locations, and the words used about your race, skin color, ancestry, hair, language, accent, or country of origin. Note witnesses and whether they heard the words themselves.
• Keep texts and emails you received, job postings, schedules, pay stubs, performance reviews, and written reasons for a decision. Save the original messages where possible so the context remains available.
• Keep any language or grooming policy given to you, along with notices explaining where it applies. Note how the rule was applied to you and what work-related reason management gave.
• Save your complaints and the responses. If an immigration threat followed a report, record the words used and the order of events rather than guessing at the speaker's motive.

Where to file and deadlines

The California Civil Rights Department (CRD) handles employment discrimination, harassment, and retaliation complaints. You can explain related events together, including language restrictions or threats after you complained. An intake form begins the process; it does not mean CRD has found a violation.

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. 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: Government Code 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

• Where to file in California

Common questions

Sources

• Government Code section 12926
• Government Code section 12940
• Government Code section 12960
• Government Code section 12923
• EEOC time limits
• EEOC filing and dual filing
• CRD employment protections
• CRD workplace discrimination poster
• CRD discrimination brochure
• CRD immigrant civil rights
• EEOC race and color discrimination
• EEOC national origin discrimination
• CRD complaint process
• Government Code section 12965

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.