How to File a Discrimination Lawsuit in California

Filing a discrimination lawsuit in California Learn the step-by-step process deadlines and legal requirements to protect your rights and seek justice.

LawyerFluxJune 1, 2025

13 5 minutes read

Filing a discrimination lawsuit in California is a powerful way to stand up for your rights when you’ve been treated unfairly due to your race, gender, age, disability, or other protected characteristics. California boasts some of the strongest anti-discrimination laws in the nation, offering robust protections in employment, housing, and public services. However, navigating the legal process can be daunting without proper guidance. This guide will walk you through each critical step from recognizing unlawful discrimination to filing a formal complaint and pursuing justice in court.

If you’ve experienced discrimination, taking legal action not only helps you seek compensation but also holds violators accountable and helps prevent future injustices. Filing a discrimination lawsuit in California requires careful documentation, adherence to strict deadlines, and often the expertise of an employment or civil rights attorney. Whether you faced workplace harassment, housing bias, or denial of services, understanding your rights and the legal process is the first step toward fighting back. This article provides a comprehensive roadmap to help you build a strong case and navigate California’s legal system with confidence.

How to File a Discrimination Lawsuit in California

Broad Protected Categories Under FEHA

California’s Fair Employment and Housing Act (FEHA) offers some of the strongest protections in the nation, covering Traditional categories like race, religion, gender, and national origin. Expanded protections including sexual orientation, gender identity, and marital status. Unique California-specific protections like genetic information and reproductive health decisions. The law applies to employers with 5+ employees, housing providers, and businesses open to the public. Unlike federal law, FEHA protects workers aged 40+ (rather than federal law’s 40+), and covers employers with as few as five Discrimination Lawsuit.

Critical Distinction Unfair Treatment vs. Illegal Discrimination

The law only prohibits treatment motivated by protected characteristics. Poor performance, personality conflicts, or business decisions can all be legal reasons for adverse Discrimination Lawsuit. The key question: Would the person have been treated differently if not for their protected status? Example: A manager yelling at everyone equally isn’t discrimination, but only yelling at employees of a certain race would be.

Special California Statutes Provide Additional Remedies

The Unruh Civil Rights Act Covers all business establishments (stores, hotels, restaurants). Allows for minimum $4,000 in damages per violation. Includes “perceived” characteristics you’re protected even if the discriminator was wrong about your status. The Discrimination Lawsuit Specifically prohibits violence or threats based on protected characteristics. Creates a civil cause of action alongside potential criminal penalties. Allows for triple damages in hate violence cases. These laws work together to create overlapping protections a single incident might violate multiple statutes, strengthening potential claims.

Document the Discrimination

Building a compelling discrimination case in California requires meticulous documentation that creates a clear, chronological record of the Discrimination Lawsuit. Start by maintaining a detailed log of each incident, noting precise dates, times, locations, involved parties, and specific discriminatory statements or actions. Secure corroborating evidence such as contemporaneous witness statements from coworkers, neighbors, or others who observed the behavior, as their fresh recollections carry more weight than later testimony.

Report the Discrimination Internally

In workplace discrimination cases, many companies have internal complaint procedures. Reporting the issue to HR or a supervisor can sometimes resolve the matter without litigation. However, if the company fails to act or retaliates against you, this strengthens your Discrimination Lawsuit. Keep records of all internal complaints and responses.

File a Complaint with the DFEH or CRD

Before filing a lawsuit, you must first file an administrative complaint with the California Department of Fair Employment and Housing (DFEH) or the Civil Rights Department (CRD). These agencies investigate discrimination claims and may issue a Right-to-Sue notice, allowing you to proceed to court. Deadline You typically have one year from the last discriminatory act to file with the DFEH. Process Submit a detailed complaint online or in person. The agency may attempt mediation before Discrimination Lawsuit.

Obtain a Right-to-Sue Notice

The Right-to-Sue notice serves as your legal gateway to pursue a discrimination claim in court after exhausting administrative remedies with the DFEH or CRD. This critical document is issued either when the agency completes its investigation without reaching a resolution or after 180 days if no determination has been made, effectively closing the administrative process. The notice confirms you’ve met the mandatory prerequisite of filing with the appropriate state agency before proceeding to Discrimination Lawsuit, as required under California law.

File a Lawsuit in Civil Court

Once you obtain your Right-to-Sue notice from the DFEH or CRD, strict filing deadlines apply: you have one year to file a lawsuit under FEHA (employment/housing cases) or two years under the Unruh Act (public accommodations cases). These cases must be filed in the Superior Court of the county where the discrimination occurred, with proper venue being crucial to avoid jurisdictional challenges. The potential damages in successful discrimination cases can be substantial, including economic damages.

Prepare for Litigation

The litigation process for discrimination cases in California typically follows several key stages that plaintiffs should be prepared to navigate. After filing the lawsuit, both parties engage in discovery, where they exchange relevant documents, submit written interrogatories, and request admissions of fact to build their respective cases. Depositions follow, where witnesses and parties provide sworn testimony under oath that can be used later in court. Many discrimination cases do settle during these preliminary stages through negotiation or mediation, as both sides weigh the risks.

Consider Alternative Dispute Resolution

Alternative dispute resolution methods like mediation and arbitration can offer faster, less costly resolutions to discrimination claims compared to traditional litigation, but they come with important trade-offs. Mediation involves a neutral third-party facilitating negotiations between both sides to reach a voluntary settlement, while arbitration typically results in a binding decision from a private arbitrator. While these processes avoid the time and expense of court proceedings, they may limit your ability to obtain full compensation.

Conclusion

Filing a discrimination lawsuit in California can be a challenging but necessary step toward justice and accountability. The state’s strong anti-discrimination laws provide meaningful protections, but success depends on thorough documentation, timely action, and often skilled legal representation. By following the proper procedures from filing with the DFEH to pursuing litigation if necessary, you can assert your rights and seek fair compensation for the harm you’ve endured.

While the legal process may seem daunting, taking action against discrimination not only benefits you but also helps create a more equitable society. Filing a discrimination lawsuit in California sends a powerful message that bias and unfair treatment will not be tolerated. If you believe you’ve been discriminated against, don’t hesitate to consult an attorney and explore your legal options. Your courage in standing up for your rights can make a difference for yourself and others facing similar injustices.