Anti Discrimination Laws in California: Labor Requirements

Anti Discrimination Laws in California: What Employers Must Do to Stay Compliant

If you’re searching for anti discrimination laws in California, you likely need clear, practical guidance on what’s prohibited, which policies you need, and how to reduce risk when handling complaints. California has some of the strongest workplace protections in the U.S., and California law prohibits workplace discrimination and harassment across many protected categories—often going beyond federal standards. This SwiftSDS guide breaks down the key legal requirements and provides actionable compliance steps for HR teams and business owners.

For broader context on state rules beyond discrimination (wage/hour, leave, posters, and more), see our hub on California employment laws.

What laws prohibit workplace discrimination and harassment in California?

Fair Employment and Housing Act (FEHA) is the primary state law

The main framework is the California Fair Employment and Housing Act (FEHA) (Gov. Code § 12900 et seq.), enforced by the California Civil Rights Department (CRD) (formerly DFEH). FEHA generally applies to employers with 5 or more employees for discrimination (and 1+ employees for harassment—especially sexual harassment—under California standards).

FEHA prohibits discrimination, harassment, and retaliation in employment decisions such as:

Hiring, promotion, termination, and layoffs
Compensation and benefits
Work assignments, training, and scheduling
Discipline and performance management
Workplace conditions and hostile work environment

To understand how FEHA fits into the broader statutory framework, it helps to also review the California labour code, which includes many related workplace protections (retaliation, wage claims, and other employee rights).

Federal laws still apply (and often overlap)

California employers must also comply with federal nondiscrimination laws such as:

Title VII of the Civil Rights Act of 1964
ADA (Americans with Disabilities Act)
ADEA (Age Discrimination in Employment Act)
GINA (Genetic Information Nondiscrimination Act)

SwiftSDS maintains a broader employment legislation list to help multi-state employers track federal requirements alongside state rules.

Protected characteristics under California anti-discrimination law

Under FEHA, protected characteristics include many categories recognized federally, plus additional California-specific protections. Common protected classes include:

Race, color, ancestry, national origin
Religion (including religious dress and grooming)
Sex, gender, gender identity, gender expression
Sexual orientation
Pregnancy, childbirth, breastfeeding, and related medical conditions
Disability (physical and mental), medical condition, genetic information
Age (40+)
Marital status
Military/veteran status

California also includes protections that often require closer HR attention, such as gender identity/expression issues, pregnancy-related accommodations, and disability accommodations under standards that can be more employee-protective than federal law.

Discrimination vs. harassment vs. retaliation (and why it matters)

Discrimination: adverse action tied to a protected class

Discrimination usually involves an employment action (e.g., termination, demotion, denial of promotion) because of a protected characteristic.

Harassment: hostile environment (even without a tangible job action)

Harassment is typically unwelcome conduct based on a protected class that is severe or pervasive enough to create a hostile, intimidating, or offensive work environment. Harassment can be by supervisors, coworkers, or even non-employees (e.g., customers) if the employer fails to take reasonable corrective action.

Retaliation: punishing someone for protected activity

Retaliation includes adverse actions taken because someone:

Complained about discrimination/harassment
Participated in an investigation
Requested an accommodation (disability or religion)
Opposed practices they reasonably believed were unlawful

A best practice: treat retaliation prevention as its own compliance track—separate from the underlying complaint.

Actionable compliance steps for California employers

1) Maintain a compliant written anti-harassment policy

California expects employers to take “reasonable steps” to prevent and promptly correct discriminatory and harassing conduct. A strong policy should include:

A clear statement that discrimination/harassment/retaliation are prohibited
Protected categories covered under FEHA
Multiple reporting channels (not only the direct supervisor)
Confidentiality expectations (without promising absolute secrecy)
Prompt, impartial investigation procedures
Consequences for violations and for retaliation

Practical tip: Ensure the policy covers remote work and digital communications (chat tools, texting, video calls), where harassment can still occur.

2) Train supervisors and employees (California’s mandatory training rule)

California requires sexual harassment prevention training under Gov. Code § 12950.1 (SB 1343):

Employers with 5+ employees must provide training to all employees (including temps/seasonal)
Supervisors: at least 2 hours
Non-supervisory employees: at least 1 hour
Training must occur within required timelines (e.g., within 6 months of hire/promotion into a supervisory role) and be repeated periodically (commonly every two years)

Keep records of training completion, dates, content, and attendee names.

3) Implement a reliable complaint intake and investigation process

HR teams should standardize:

Intake forms and documentation
Interim measures (schedule changes, separation, leave options)
Investigator neutrality (internal or external)
Findings documentation and corrective action
Communication of outcomes (appropriately limited)

Practical tip: Audit how long investigations take. Delays are a common compliance weakness and can increase liability.

4) Handle accommodations correctly (disability, religion, pregnancy)

California’s accommodation duties often require an interactive process similar to the ADA, but can be interpreted more broadly. For ADA alignment and documentation best practices, see:

What to operationalize:

A centralized accommodation request path
A consistent interactive process checklist
Documentation of job functions, restrictions, and explored alternatives
Manager training to escalate accommodation requests promptly

5) Post required notices and provide required handouts

California has specific posting requirements (which can vary by city and industry). While this article focuses on anti-discrimination compliance, posting obligations often overlap with wage/hour and rights notices.

For federal posting obligations that commonly apply in California workplaces (and to help keep your all-in compliance set complete), maintain the applicable FLSA notices, such as:

Also consider reviewing your broader compliance program structure in compliance in the workplace.

Common risk areas (and how to reduce exposure)

Inconsistent discipline and performance management

Discrimination claims often arise when discipline appears inconsistent across employees. Reduce risk by:

Using standardized write-up templates
Documenting objective performance metrics
Reviewing termination decisions for disparate impact concerns

Supervisor conduct and “off-the-clock” events

Harassment can occur at conferences, holiday parties, work chats, or customer sites. Clear expectations and reporting channels are essential.

Multi-state employers using “lowest common denominator” policies

California frequently requires more than other states. If you operate elsewhere, don’t assume your national handbook covers California. For example, your wage/leave obligations can differ significantly across states (compare arizona sick leave law or alabama minimum wage).

How anti-discrimination compliance connects to other California labor requirements

Anti-discrimination compliance isn’t isolated. Hiring practices, wage decisions, scheduling, and leave administration can all trigger discrimination or retaliation risk.

If your team is building a California compliance roadmap, you may also want to review:

California employment laws (state-wide overview)
california 50 dollar minimum wage (wage-related updates and context)

FAQ: California workplace discrimination and harassment

Does FEHA apply to small businesses in California?

Often, yes. FEHA generally applies to employers with 5 or more employees for discrimination claims. Harassment protections can apply more broadly, and best practice is to implement anti-harassment policies and training even for very small teams.

Is harassment illegal even if the employee isn’t fired or demoted?

Yes. Harassment can be unlawful if it creates a hostile work environment, even without a tangible employment action like termination or demotion.

What’s the biggest “quick win” to reduce liability?

Ensure you have (1) a clear anti-harassment policy with multiple reporting paths, (2) required California harassment training completed and documented, and (3) a consistent investigation process that starts promptly when complaints arise.

SwiftSDS helps employers stay aligned with changing labor law requirements and workplace posting obligations. For a broader compliance framework, start with California employment laws and build outward into policy, training, documentation, and notices.

Anti discrimination laws in california