California Workplace Discrimination FEHA Claim Checker

Since our inception in 2005, we’ve specialized in California employment discrimination cases and have seen thousands of employees navigate the complexities of FEHA claims. Over the years, one pattern has remained constant: people don’t want a legal maze—they want clarity.

That’s why we built this FEHA eligibility tool. It distills the core elements of the California Fair Employment and Housing Act (FEHA)—protected status, adverse action, timing, and evidence strength—into plain language, giving you a clearer picture of whether your situation may warrant legal action.

What the Tool Does (and Doesn’t Do)

Our tool screens for core FEHA elements using the same triage we apply when matching callers with vetted attorneys:

• Protected basis or retaliation: Did the employer act because of a protected characteristic (e.g., disability, sex, age 40+, national origin) or because you reported or opposed unlawful conduct? (Gov. Code §12940; retaliation under §12940(h).)

• Adverse action: Was there a termination, demotion, pay cut, denial of promotion, significant schedule reduction, or a severe/pervasive hostile environment?

• Timeliness: Most FEHA claims require filing with the California Civil Rights Department (CRD) within three years of the last unlawful act, with limited exceptions (Gov. Code §12960(e)).

• Evidence signals: Documents, comparators, witnesses, and accommodation records strengthen eligibility.

It is not a final legal determination. It’s a decision-support tool that helps you avoid dead ends and arrive at a focused consultation faster.

The Legal Backbone in Plain English

FEHA (Gov. Code §12940 et seq.) prohibits discrimination, harassment, and retaliation in employment. The statute is broad but practical. A few lived-practice touchstones:

• Motive matters. The question is whether a protected trait or protected activity was a substantial motivating factor—not whether the employer said “we discriminate.” Policies, emails, and timing often tell the real story.

• Harassment vs. discrimination. Discrimination focuses on tangible employment actions; harassment focuses on severe or pervasive conduct that alters working conditions. A single offensive comment is usually insufficient unless extremely severe.

• Disability and religion accommodations. Employers must engage in a good-faith interactive process and provide reasonable accommodations absent undue hardship (Gov. Code §12940(m), (n); 2 Cal. Code Regs. §§11065–11069).

• Administrative prerequisite. Most cases begin at the CRD, which issues a Right-to-Sue on request or investigates before litigation. Missing the administrative deadline can be fatal to a claim.

How We’ve Seen This Play Out

• Scenario A: The “silent demotion.” A 58-year-old manager is reassigned to non-manager tasks after raising safety and ageism concerns. Email threads show younger peers maintained titles and pay. Tool outcome: strong indicators (protected basis + adverse action + documents). Path: CRD filing, then demand.

• Scenario B: “One bad comment.” A single rude remark without tangible harm or ongoing hostility. Tool outcome: low likelihood for harassment as a standalone claim. Path: internal complaint, monitor, gather evidence; explore other theories (e.g., wage/hour).

• Scenario C: “Accommodation stall.” Employee with documented medical restrictions requests a schedule change; employer ignores multiple doctor notes. Tool flags failure to accommodate/interactive process. Path: CRD filing emphasizing accommodation violations.

How to Get the Most from the Quiz

1. Answer factually, not aspirationally. The tool rewards specifics—dates, documents, and who said what.

2. List your proof. Save emails, texts, performance reviews, schedules, policy excerpts, and witness names.

3. Note dates. If the last act was close to the three-year mark, move quickly with CRD.

4. Write a chronology. In practice, a clean timeline often resolves “he said/she said.”

Practical Steps After You See Your Result

• “Strong indicators” result: Preserve evidence, request a CRD Right-to-Sue (if litigation strategy favors speed), and consult counsel about damages (back pay, front pay, emotional distress, fees).

• “Potential claim—needs review” result: Shore up proof signals. Ask HR for your personnel file, confirm policies, and document differential treatment.

• “Low likelihood” result: Consider alternative theories (retaliation for wage complaints, medical leave interference, contract/promissory estoppel). Sometimes the right case isn’t FEHA; it’s still actionable under different laws.

Timelines, Procedures, and Thresholds

• Administrative deadline: Generally 3 years to file with CRD (Gov. Code §12960(e)), subject to continuing violation or tolling in limited situations.

• Right-to-Sue: You can ask CRD for immediate issuance or proceed through investigation/mediation first, depending on strategy.

• Evidence threshold: Bots don’t decide your case—people do. In our experience, side-by-side comparators, documented accommodation requests, and close timing between a complaint and an adverse action often tip outcomes.

FAQs We’re Asked Weekly

Do I need to prove discrimination “beyond doubt”?

No. Civil cases use a preponderance standard—more likely than not. Credible documents and consistent testimony are key.

Is one rude comment enough?

Usually no, unless extremely severe. Harassment must be severe or pervasive; discrimination typically requires a material employment action.

What if I never complained internally?

You may still have a claim, but internal reports help show the employer had notice and can support retaliation if things worsened afterward.

How do disability cases differ?

Even without a firing, failing to accommodate or to engage in the interactive process is an independent FEHA violation.

Actionable Takeaways

• Move on the clock. Put your last-act date on your calendar and work backward from the CRD filing deadline.

• Think like a fact-finder. Save contemporaneous records; vague recollections rarely win cases.

• Match theory to facts. If protected-basis proof is thin, explore retaliation, accommodation, or wage/leave statutes.

Why a Bar-Certified Referral Service Matters

We’re certified by the State Bar of California to screen, monitor, and refer to qualified attorneys. That means we track experience, discipline history, and consumer feedback. When your quiz suggests a viable claim, we can route you to counsel who regularly litigate FEHA cases—people who can prioritize CRD filings, preserve damages, and push settlement or trial as strategy dictates.

Disclaimer

This fact sheet is intended to provide general and accurate information about employment-related legal rights in California. However, laws and procedures can change frequently and may be interpreted differently depending on the circumstances. 1000Attorneys.com does not guarantee that the information provided reflects the most current legal developments and is not responsible for how it is used. You should not rely solely on this content to make legal decisions. For guidance specific to your situation, consult a qualified attorney through a referral or contact the appropriate government agency.