California has some of the most employee-protective laws in the nation, but those protections only work if you act in time. The Fair Employment and Housing Act (FEHA) covers most California employers with five or more employees and prohibits discrimination based on race, sex, gender identity, national origin, disability, age, religion, and more.

The 30-Day Window That Matters Most

Your first priority is documentation. Before you talk to an attorney or file anything, write down everything you remember — dates, times, locations, what was said, who witnessed it, and any changes in your treatment or job duties. Do this while it’s fresh.

Keep copies of anything in writing: performance reviews, emails, texts, or written warnings. If you have access to these materials through your work account, preserve them now — employees often lose access the moment they are terminated or placed on leave.

Filing a Complaint with the CRD

In California, most discrimination and harassment claims require you to file a complaint with the Civil Rights Department (CRD — formerly DFEH) before you can sue in civil court. The deadline is generally three years from the date of the discriminatory act under FEHA, but acting sooner gives you and your attorney more options.

Once the CRD issues a Right to Sue notice, you have one year to file your civil lawsuit.

What Retaliation Looks Like

One of the most common mistakes employees make is continuing to work through retaliation without recognizing it as a separate legal claim. Retaliation after complaining about discrimination or filing an internal HR complaint is itself illegal under FEHA. Signs include:

  • Sudden negative performance reviews after a discrimination complaint
  • Being passed over for promotion shortly after raising concerns
  • Reduction in hours, pay, or responsibilities
  • Hostile treatment from supervisors who weren’t hostile before

Document these changes the same way you documented the original incident.

When to Consult an Attorney

You should speak with an employment attorney as early as possible — ideally before filing anything with the CRD, before signing any severance agreement, and certainly before responding to any internal investigation. An attorney can help you:

  • Evaluate whether your facts support a viable claim
  • Identify all potentially liable parties (supervisors, managers, and the company itself)
  • Preserve evidence before it disappears
  • Understand what your case may be worth

Many employment attorneys, including our firm, handle these matters on contingency — meaning you pay nothing unless we recover for you.

This article is for general informational purposes only and does not constitute legal advice. If you believe you have experienced workplace discrimination, contact an attorney promptly to evaluate your specific situation.

Trujillo & Winnick LLP handles employment discrimination, harassment, and retaliation cases throughout California. Contact us at (310) 210-9302 or office@tru-win.com.