Cision PR Newswire

By Emilia Mehrabian, Supervising Attorney, D.Law

LOS ANGELES, April 14, 2025 /PRNewswire/ -- "I worked for my employer for 5 years without any problems, then I got pregnant, told my employer, and I was fired within a week."

"I am 56 years old and I've worked for my employer for the last 4 years and have never been promoted despite my qualifications. Instead, my employer hires 20-year-olds and tells me I can focus on retiring soon."

"I am a female working in a predominantly male workforce. My male colleagues make inappropriate sexual jokes and ask me sexually suggestive questions, which make me very uncomfortable. I complained to my supervisor, and he laughed it off saying 'that's just how men are' and to not take it personally."

"During my employment, I developed a medical condition requiring me to take additional breaks to use the restroom. I informed my employer and provided my doctor's note requesting accommodations. Two weeks later I was fired for not being 'a good fit'."

"I was placed in jobsite that contained exposure to a harmful toxic chemical and was not provided with proper protective gear and training in how to handle the toxic chemical. I wrote a complaint to my supervisor and was told to not come back to work the following day."

California employment law is a vast and complex field, but at its core, it is designed to protect workers from unfair treatment and discrimination. 

As an attorney focusing on California employment law, I often see confusion about the rights employees have, particularly when it comes to termination, discrimination, retaliation, sexual harassment, and related issues. Let's break these down to empower workers with the knowledge they need to navigate these challenges.

Understanding At-Will Employment and Its Limitations

California is an at-will employment state, which means that employers can terminate employees at any time and for any reason, or no reason at all, so long as the reason for the termination is not illegal. Although what constitutes "illegal" certainly has a wide array of limitations,  employers cannot fire someone for discriminatory reasons, in retaliation for asserting their legally protected rights, or for reasons that violate public policy.

Key takeaway: At-will employment doesn't give employers carte blanche to terminate employees unfairly. If your termination feels unjust, it's worth investigating whether your rights were violated.

Discrimination: A Fundamental Protection

Discrimination in the workplace is prohibited under both federal and California laws. The California Fair Employment and Housing Act (FEHA) offers broader protections than federal laws like Title VII of the Civil Rights Act. FEHA covers more employers (those with five or more employees) and protects against discrimination based on characteristics including, but not limited to:

• Race
• Religion
• National origin
• Age (40 and older)
• Gender
• Sexual orientation
• Gender identity and expression
• Pregnancy
• Medical Condition
• Disability

Real-life scenario: A Latina professional in her early 50s is passed over for a promotion in favor of younger, less experienced colleagues, despite her stellar track record. This could constitute age, gender and racial discrimination under FEHA.

Actionable tip: If you suspect discrimination, document incidents meticulously. This evidence can be invaluable if you decide to pursue legal action.

Wrongful Termination and Retaliation

While California employers have broad discretion to terminate employees, they cannot do so for unlawful reasons. Wrongful termination occurs when an employee is fired in violation of legal protections.

Common examples of wrongful termination include:

1. Discrimination: Being terminated because of a protected characteristic.
2. Retaliation: Being fired for reporting workplace violations or exercising your rights, such as taking medical leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA).
3. Whistleblowing: Reporting unsafe working conditions or illegal activities.

Retaliation claims are particularly common and occur in conjunction with discrimination and/or harassment. California law prohibits employers from retaliating against employees who:

• Report unlawful harassment or discrimination
• File a complaint with a government agency and/or agree to participate in a government agency investigation including the California Labor Board (DIR), the Equal Employment Opportunity Commission (EEOC), the California Civil Rights Department (CRD), or the Occupational Safety and Health Administration (OSHA)
• Participate in investigations of workplace misconduct and/or harassment.

Example: An administrative assistant reports gender-based harassment by her supervisor. A month later, she's terminated for "performance issues" that were never previously documented. This is a textbook case of retaliation.

Pro tip: Always document reports and complaints concerning harassment and keep records of performance reviews, emails, and other communications that can help establish a timeline and context if retaliation occurs.

Sexual Harassment: Zero Tolerance

Although everyone is aware sexual harassment is unlawful, it unfortunately continues to remain one of the most reported workplace issues. California's laws go further than federal regulations to protect employees against sexual harassment in the workplace. Sexual harassment can take two forms:

1. Quid Pro Quo: When employment benefits are conditioned on sexual favors. For example, a manager states or implies that a raise is contingent on their subordinate going on a date with them or performing a sexual act.
2. Hostile Work Environment: When unwelcome conduct of a sexual nature creates an intimidating or offensive work environment. This includes inappropriate jokes, comments, or physical behavior.

California also requires employers with five or more employees to provide sexual harassment prevention training to all employees, not just supervisers. This requirement aims to create awareness and reduce incidents of harassment.

Unique perspective: As someone who's helped numerous clients navigate sexual harassment cases, I've seen the emotional toll it takes. Speaking up can be daunting, however, it is frequently the first step in the healing process. Know that you are never alone. Not only is California law on your side, but there are attorneys who are willing to step alongside you and walk with you throughout the entire process of fighting this injustice with you.

Gender Discrimination: Bridging the Gap

Despite progress, gender discrimination persists in many workplaces. FEHA prohibits discrimination based on gender, gender identity, and gender expression. This includes unequal pay, disparate treatment, and failure to provide accommodations related to gender-specific needs.

Case in point: A transgender employee is repeatedly denied promotions and excluded from key meetings, despite having qualifications and experience comparable to colleagues. This could be grounds for a discrimination claim under FEHA.

Pregnancy Discrimination: Protecting Parenthood

California's pregnancy discrimination laws are some of the strongest in the nation. Employers cannot discriminate against employees due to pregnancy, childbirth, or related medical conditions. Under the Pregnancy Disability Leave (PDL) law, eligible employees are entitled up to four months of leave.

Practical example: A retail worker informs her manager that she's pregnant. Shortly after, she is demoted to a less favorable position, with reduced hours and pay. This could constitute pregnancy discrimination.

Additionally, employers must provide reasonable accommodations for pregnancy-related conditions, such as modifying work duties, offering more frequent breaks, and flexible work hours to attend pregnancy related medical appointments.

Disability Discrimination: A Call for Inclusion

FEHA also mandates that employers accommodate employees with disabilities. This includes physical and mental disabilities that limit major life activities.

Employers must engage in a timely, good-faith interactive process to determine reasonable accommodations. Examples include:

• Providing ergonomic office equipment for employees with chronic back pain.
• Allowing flexible schedules for workers undergoing mental health treatment.

Illustration: A software developer diagnosed with post-traumatic stress disorder requests to work remotely part-time. The employer denies the request without considering alternative accommodations. This could be a violation of FEHA.

What Workers Can Do

If you believe your rights have been violated, consider the following steps:

1. Document everything: Keep a detailed record of complaints, incidents, including dates, times, and witnesses.
2. Know your resources: Contact an attorney, the California Labor Board (DIR), the California Civil Rights Department (CRD) or the EEOC to file a complaint.
3. Act promptly: Many employment claims have strict deadlines, so don't delay in seeking help.
4. Consult an attorney: Legal counsel can help assess the strength of your case and guide you through the process. Most employment law attorneys conduct initial consultations at no charge.

There are some major don'ts to keep in mind too – don't post about your incident on social media and don't make any threats in response.

Final Thoughts

Eleanor Roosevelt once said, "[w]orkplace rights are human rights." As the backbone of our country's economy, all employees must be afforded the fundamental right to work in an environment that is free from discrimination, retaliation, and harassment. 

California workers are fortunate to have some of the most comprehensive employment protections in the country. However, these laws are only as effective as the awareness and action they inspire. By understanding your rights and seeking help when necessary, you can hold employers accountable and contribute to creating fairer workplaces.

As an attorney deeply invested in advocating for employees, I've seen firsthand how knowledge can empower individuals to stand up against injustice. If you find yourself facing any of these challenges, know that you're not alone, and there are resources and legal avenues to support you.

Let's work together to ensure that everyone – regardless of their race, gender, or circumstances – can thrive in a workplace free from discrimination and harassment. After all, protecting workers isn't just about enforcing the law; it's about protecting people and fostering dignity and respect for all.

Contact D.Law by calling (818) 275-5799 or send a message with any questions or concerns you may have regarding your employment rights. Our attorneys are experts in California employment law and workers' rights and can help you with the problems you are faced with.

Media Contact:
Armen Petrosyan
armen@d.law.com 

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