If you work in Ontario, California and your employer treats you differently because of your race, age, disability, sex, religion or another protected characteristic, the law is on your side. California’s Fair Employment and Housing Act (FEHA) is among the strongest anti-discrimination statutes in the country. You can complain to the state’s Civil Rights Department (CRD), to the federal EEOC, or take your case to court. The deadlines are firm, though, and what you do in the first few weeks often shapes the outcome. This guide explains what counts as discrimination, what to do next, and where the filing clocks run.
TL;DR
- FEHA bans discrimination by employers with five or more employees, and bans harassment in every workplace, however small.
- Most CRD complaints must be filed within three years of the discriminatory act. Federal EEOC charges generally must be filed within 180 days, or 300 days in California-type cases.
- Retaliation for complaining is a separate violation. The Labor Commissioner’s retaliation complaints generally have a one-year limit.
- Write things down, save copies, and do not wait for a firing before getting advice. Our consultations are free, and we work on contingency.
Table of Contents
- What counts as workplace discrimination in California
- When bad treatment becomes harassment
- What to do if you experience racism or other discrimination at work
- How to report discrimination: CRD, EEOC and the Labor Commissioner
- Deadlines you cannot afford to miss
- California law versus federal law
- Disability and medical discrimination
- Retaliation: the claim that often outlasts the original problem
- Our perspective: what we see from the employee side
- Getting help in Ontario
- FAQ
- Sources
What counts as workplace discrimination in California
Discrimination means an employer treats you worse because of who you are, not how you do your job. It can show up in hiring, pay, assignments, promotions, discipline or termination. In Ontario, that could be a warehouse or logistics worker passed over for a lead position, a restaurant employee whose hours vanish after she announces a pregnancy, or an office worker pushed out after turning 55.
The CRD’s employment guidance lists the protected categories under FEHA: race, color, ancestry, national origin, religion, age 40 or older, disability, sex and gender, sexual orientation, gender identity or expression, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision-making. Both applicants and employees can file discrimination complaints.
The California Attorney General has said that state and federal law bar public and private employers from taking adverse action, such as firing, demoting or refusing to hire, because of a protected characteristic. Harassment by employers, supervisors and coworkers is prohibited too.
For a closer look at how we handle these cases, see our page on employment discrimination representation.
When bad treatment becomes harassment
Harassment is its own violation, and it does not require that you lose your job or pay. California’s regulations define it broadly. Under 2 CCR § 11019, harassment includes verbal conduct like epithets and slurs, physical conduct like assault or blocking your movement, visual material such as derogatory posters or drawings, and unwanted sexual advances tied to employment benefits.
Who is protected is wider than most people expect. Harassment complaints can come from employees, applicants, unpaid interns, volunteers and contractors, and FEHA’s harassment ban applies even to employers with fewer than five workers, according to the CRD. A small shop on Holt Boulevard or a family-run business in Ontario is not exempt.
When the harasser is a coworker, the employer is liable if it knew and failed to take immediate and appropriate corrective action. It can also be liable if it should have known, unless it proves it took reasonable steps to prevent harassment, per the same regulation. That is why reporting matters: a documented report makes it hard for a company to claim it never knew.
Our harassment practice page explains how we approach these claims.
What to do if you experience racism or other discrimination at work
This is the question we hear most, and the honest answer is that the first steps are simple but easy to skip when you are stressed.
- Write it down the same day. Note the date, time, place, who said or did what, and who saw it. A notes app on your phone works. Keep it on a personal device, not a work computer.
- Save what you already have. Keep offer letters, performance reviews, commendations, pay stubs, schedules and any texts or emails that show how you were treated. Send copies to yourself only where company policy and the law allow it, and never take confidential material you are not entitled to. If you are unsure, ask us before you copy anything.
- Report it in writing. Email HR or your manager describing the conduct and asking that it stop. Written reports create a record and trigger the employer’s duty to act. Keep a copy.
- Note who else saw it or experienced it. Coworkers who witnessed events, or who were treated differently, can matter a great deal later.
- Watch what happens next. A sudden schedule change, a first-ever write-up or a cut in hours right after you complain can be retaliation. Record it the same way.
- Talk to an employee-side lawyer before you resign or sign anything. Quitting or signing a separation agreement can change your options.
You do not need a “smoking gun.” Most cases are built from a pattern: timing, comparisons to coworkers, inconsistent explanations and a paper trail.
How to report discrimination: CRD, EEOC and the Labor Commissioner
You have three main government routes, and they are not interchangeable.
California Civil Rights Department (CRD). You can file an intake form online through the CRD’s complaint system, by phone at 800-884-1684 (711 for relay), by TTY at 800-700-2320, by mail, or by email at contact.center@calcivilrights.ca.gov, according to the CRD. Once a complaint is filed, the CRD gathers evidence from both sides, interviews parties and witnesses, and reviews records. It generally has up to one year to investigate. If you want to go straight to court, you can request an immediate right-to-sue notice when you file.
EEOC. The federal agency takes charges under laws such as Title VII. The Attorney General’s office lists the EEOC at 800-669-4000 alongside the CRD’s contact center.
Labor Commissioner. If your main problem is retaliation, the Labor Commissioner accepts retaliation and discrimination complaints and says it does not question or report immigration status when you file. That is worth knowing if fear of immigration consequences is keeping you quiet.
For retaliation specifically, our guide on how to file a workplace retaliation claim in California walks through the process.
Deadlines you cannot afford to miss
The clock is the most common way strong claims get lost. Here is how the main limits compare.
| Route | Who enforces it | General filing deadline |
|---|---|---|
| FEHA discrimination or harassment | CRD | 3 years from the discriminatory act |
| Federal discrimination charge | EEOC | 180 days, extended to 300 days where a state or local agency enforces a law on the same basis |
| Retaliation complaint | Labor Commissioner | 1 year from the retaliatory act |
Two details trip people up. First, for ongoing harassment the EEOC measures from the last incident. Second, internal grievances, union procedures, arbitration or mediation generally do not pause the federal clock, so pursuing HR’s process does not protect your agency deadline. If you are inside the 300-day window and still waiting on an internal investigation, that is the moment to get advice, not a reason to wait.
Disability cases follow the same three-year FEHA rule: the CRD’s disability guide says complaints must be filed within three years of the last discriminatory act.
California law versus federal law
Many Ontario workers assume the EEOC is their only option. It often is not the best one. FEHA reaches employers with five or more employees, while the federal laws generally cover employers with 15 or more employees, and 20 or more for age claims. If you work for a small employer, FEHA may be the only discrimination statute that applies. FEHA also gives you three years to file with the CRD instead of 180 or 300 days.
The federal laws still matter. The EEOC notes that coverage reaches recruitment, hiring, promotion, demotion, termination, layoff, compensation, benefits and work assignments, and that workers cannot be punished for filing a charge or serving as a witness. In practice, an attorney will often protect both tracks at once.
Disability and medical discrimination
Medical discrimination is more common than people think. A concrete example: you tell your supervisor you need a modified schedule after surgery, and within weeks you are written up for attendance or moved off the schedule.
FEHA prohibits discrimination and harassment based on actual or perceived disability and requires reasonable accommodation unless it would cause undue hardship, per the CRD. The employer must also talk with you to explore options before rejecting an applicant or making an employment decision. Examples include changed duties or hours, leave, relocating your work area, and mechanical or electrical aids.
If an employer ignores your request or skips that conversation entirely, that can be its own violation. Our disability accommodation practice handles these disputes.
Retaliation: the claim that often outlasts the original problem
Often the discrimination is bad, and what happens after you speak up is worse. The CRD explains that retaliation requires three things: protected activity, work-related harm, and harm caused at least partly by that activity. Examples include firing, refusal to hire, discipline, removal from the schedule, denied promotions, immigration threats and exclusion from professional opportunities.
The CRD’s June 2025 fact sheet says employers with five or more employees may not punish most employees or applicants for FEHA-protected activity, such as opposing harassment. Protection also covers filing a CRD complaint or taking part in its investigation, according to the CRD’s discrimination brochure.
See our retaliation page for the types of cases we take, or if you are still weighing options, read our overview of employee rights in Ontario, California.
Our perspective: what we see from the employee side
We represent employees only, never companies. Before that, I spent years on the other side defending employers, and it taught me how a company prepares for a claim: it builds a file on you, often long before you realize anything is wrong. That is why the first step for an employee is to build your own file.
In our experience, Ontario workers wait too long for two reasons. They hope things improve, or they worry a complaint will make it worse. Both are understandable. But waiting rarely helps, and a written report to HR, made calmly and kept on record, usually protects you more than silence does. The law was written so that you can speak up without losing your livelihood. Our job is to level the playing field when a company does not respect that.
We also hear that people think they cannot afford a lawyer. We offer free consultations and take employment cases on contingency, which means we are paid only if we recover money for you. No one should have to choose between their rights and their rent.
— Joseph Huprich
Getting help in Ontario
If you are deciding whether you have a case, a short conversation usually settles it. We will ask what happened, what you have saved, and which deadlines apply, then tell you plainly whether we think a claim is worth pursuing and which agency route fits. You can learn more about local options on our page for Ontario workplace discrimination lawyers, or go straight to a free consultation with Huprich Law. Bring your notes, even if they are rough.
FAQ
What should I do first if I experience racism at work in Ontario, California?
Write down what happened the same day, including dates, words used and witnesses. Then report it in writing to HR or a manager and keep a copy. Speak with an employment lawyer before resigning or signing anything, because those choices can limit your options.
How do I file an EEOC claim in California?
You can contact the EEOC at 800-669-4000 or file a charge through its channels. The general limit is 180 days from the discriminatory act, extended to 300 days where a state or local agency enforces a law on the same basis, per the EEOC. Because California has its own agency, many employees file with the CRD as well, and the CRD’s limit is three years.
How can I report a coworker for harassment in California?
Start by reporting in writing to your employer so it has notice and a duty to act. You can also file with the CRD online or at 800-884-1684. The employer is responsible for coworker harassment it knew about, or should have known about, and failed to correct.
Can I be fired for reporting discrimination?
No. Retaliation for reporting, opposing or participating in an investigation of discrimination is prohibited under both state and federal law. If it happens, record the timing and contact an employment lawyer quickly, because retaliation complaints to the Labor Commissioner generally must be filed within one year.
Sources
- Employment | California Civil Rights Department
- Legal Alert OAG-2023-02, California Attorney General
- Cal. Code Regs. Tit. 2, § 11019
- How to file a retaliation/discrimination complaint, Labor Commissioner
- Time Limits For Filing A Charge, EEOC
- Employment Discrimination Based on Disability, CRD
- Workplace retaliation is against the law fact sheet, CRD
- Discrimination is Against the Law brochure, CRD
- Fact Sheet: Immigrants’ Employment Rights under Federal Anti-Discrimination Laws, EEOC
