Los Angeles Workplace Discrimination Lawyer
If you are dealing with discrimination at work, California law gives you the right to fight back. Attorney Sam Setyan represents employees only, never employers, and handles every case personally, from the first call to the final settlement or verdict.
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Sam Setyan, California Workplace Discrimination Trial Attorney
Sam Setyan exclusively represents employees, never employers. In workplace harassment and discrimination claims, employers only settle for full value when they know you are ready to take them to court. Sam offers a confidential, judgment-free space to tell your story, pairing genuine client advocacy with aggressive trial preparation designed to hold companies accountable.
Discrimination is almost never announced. It shows up as a pattern, who gets the shift, who gets the warning, who gets walked out. My job is to put that pattern in front of a jury.
- What counts as workplace discrimination
- California vs. federal law at a glance
- Protected classes in California
- Laws and agencies quick guide
- Can I file both a state and a federal claim?
- How to prove discrimination
- What to do if it is happening to you
- Discrimination vs. harassment
- Retaliation for reporting
- Filing deadlines
- What you can recover
- A recent result
- How Setyan Law can help
- Discrimination FAQs
- Talk to an attorney
Workplace discrimination rarely announces itself. It shows up as missed promotions, sudden schedule cuts, or unfair write-ups tied to protected characteristics. Under California law, these actions are illegal.
Setyan Law is a Los Angeles workplace discrimination law firm that represents employees and never employers. Our employment discrimination attorneys act for people across Los Angeles County and California who have been passed over, demoted, harassed, or pushed out because of who they are.
Schedule your free consultation today to find out where your case stands.
What Counts as Workplace Discrimination in California?
California's Fair Employment and Housing Act (FEHA) bars employers from basing job decisions on a protected characteristic. That applies to the entire employment relationship, not just the day you are let go. Discrimination can happen when an employer:
- Refuses to hire or interview you
- Pays you less than coworkers doing substantially similar work
- Passes you over for promotions, training, or better assignments
- Disciplines you more harshly than others for the same conduct
- Cuts your hours or moves you to worse shifts
- Refuses a reasonable accommodation for a disability, pregnancy, or religious practice
- Demotes you, lays you off, or fires you
FEHA covers intentional discrimination (known as disparate treatment) and neutral-sounding policies that hit one group harder without a legitimate business reason (disparate impact).
At our Los Angeles workplace discrimination law firm, we review the timeline, how coworkers were treated, and your employer's stated reason, then tell you plainly whether it crosses the line. Our article on whether you can sue your employer for unfair treatment explains the difference in more detail.
California vs. Federal Discrimination Law at a Glance
| California (FEHA) | Federal | |
|---|---|---|
| Minimum employees | 5 or more | Private employers: 15 or more under Title VII and the ADA; 20 or more under the ADEA. Public and federal employers have separate coverage rules. The federal Equal Pay Act generally covers virtually all employers. |
| Deadline to file with the agency | 3 years, with the Civil Rights Department (CRD) | Generally 300 days with the EEOC in California, though federal Equal Pay Act claims have different filing deadlines. |
| Deadline to sue after the notice | Generally 1 year, subject to statutory tolling exceptions | Title VII and ADA: generally 90 days after the EEOC right-to-sue notice. ADEA: suit may generally begin 60 days after the charge but must be filed within 90 days after notice that EEOC proceedings have ended. |
| Cap on compensatory and punitive damages | No statutory cap under FEHA | $50,000 to $300,000 combined under Title VII and the ADA, depending on employer size |
| Protected characteristics | Broader. Adds marital status, medical condition, military and veteran status, and reproductive health decision-making. | Race, color, religion, sex, and national origin. Age and disability fall under separate statutes. |
Protected Classes Under California Employment Discrimination Laws
California protects more characteristics than federal law does. Our Los Angeles employment discrimination attorneys take claims in every one of these categories. Our guide to the protected classes for California workers covers each one in depth.
Reproductive health decision-making was added to FEHA in 2023 and covers decisions about contraception, pregnancy, and other reproductive health care. Our article on the most common California CRD complaints discusses these protections further.
Laws and Agencies Quick Guide
Can I File Both a State and a Federal Claim?
Yes. Many people file with both. In practice, most California cases lead with FEHA because the employer threshold is lower, the filing window is far longer, there is no comparable statutory cap on compensatory and punitive damages, and the court may award attorney's fees. Federal claims typically serve as a backup option.
Do not assume that filing with the CRD automatically protects your federal claim. For Title VII, ADA, and ADEA claims, the EEOC charge deadline in California is generally 300 days, and other federal claims may follow different procedures.
Not sure whether what happened to you crosses the line? Ask a Los Angeles employment discrimination attorney in a free, confidential call.
Start My Free Case ReviewHow to Prove Discrimination at Work
Employers seldom admit bias, so most cases rely on circumstantial evidence. The elements depend on the type of claim, but a disparate-treatment case generally requires showing that the employer treated you adversely, that it did so because of a protected characteristic (or your association with someone who has one), and that you were qualified for your position where that is relevant.
California courts then use a three-step framework. You show the basic facts of a claim. The employer offers a legitimate reason for its decision. You show that reason does not hold up, what lawyers call pretext.
Under Harris v. City of Santa Monica (2013), you do not have to prove bias was the only reason. You need to show your protected characteristic was a substantial motivating factor.
An experienced workplace discrimination attorney builds that proof with:
What to Do If You Are Being Discriminated Against at Work
- Write it down while it is fresh. Dates, what was said, who was there. Keep your notes on a personal device, not a work laptop.
- Save what you are allowed to keep. Pay stubs, performance reviews, your offer letter, and personal texts or emails. Do not take confidential company files.
- Report it in writing. Email HR or a manager outside your chain if your supervisor is the problem. A written complaint creates a record and puts your employer on notice that it must act.
- Keep doing good work. Employers often start building a paper trail after a complaint. Solid performance makes that harder.
- Do not sign anything yet. Severance agreements usually include a release of your claims. Have it reviewed first.
- Talk to an employment discrimination attorney early. Deadlines apply, and early advice helps you avoid mistakes that are hard to undo.
Learn more about the agency complaint process in our article on filing a discrimination complaint. If your case includes a federal charge, our Los Angeles EEOC lawyers explain how it fits in.
Discrimination vs. Harassment: What Is the Difference?
Discrimination and harassment often show up together, but the law treats them differently. Discrimination is about job decisions: hiring, pay, promotion, discipline, and firing. Harassment is about conduct: slurs, jokes, threats, unwanted touching, or other behavior tied to a protected trait that creates a hostile work environment.
Learn more about when employers are vicariously liable for harassment.
Retaliation for Reporting Discrimination Is Illegal
California makes it illegal to punish you for opposing discrimination, reporting it, filing a complaint, participating in an investigation, or requesting a disability or religious accommodation (Gov. Code section 12940(h), (l), and (m)). Retaliation does not have to be a firing.
Under Yanowitz v. L'Oreal USA (2005), a series of actions that hurt your job, such as a sudden string of write-ups, a demotion, cut hours, or being frozen out of assignments, can qualify as retaliation.
You are protected as long as you reported in good faith, even if the underlying discrimination is never proven. Retaliation claims are often easier to prove than the original complaint because the timeline tells the story: a complaint on Monday, the first write-up of your career on Friday.
Setyan Law handles workplace retaliation claims alongside the underlying discrimination. If you reported other legal violations, whistleblower protections under Labor Code section 1102.5 may also apply, and if you were let go, a wrongful termination claim may be part of the case.
Filing Deadlines for Discrimination Claims
Missed deadlines end more good cases than weak evidence does. Setyan Law confirms every deadline that applies to your situation during the first consultation.
Day 0: the adverse action
The clock starts the day you are fired, demoted, cut, or denied what you asked for. Compensation discrimination and continuing violations may follow different timing rules. Write all important dates down.
Days 1 to 30: gather your evidence
Collect copies of your reviews, schedules, emails, write-ups or performance improvement plan terms, and texts. Keep detailed notes about any inappropriate behavior or comments and who witnessed it.
Within 300 days: file with the EEOC
For most nonfederal employees, the EEOC charge deadline for Title VII, ADA, and ADEA claims is generally 300 days in California. Federal employees generally must contact an agency EEO counselor within 45 days.
Within 3 years: file with the CRD
For your California claim, you must file within three years from the date you were last harmed. A CRD complaint is required before you can sue under FEHA.
After your notice: file your lawsuit
You generally must file within one year after the CRD right-to-sue notice, subject to statutory tolling exceptions. For Title VII and ADA claims, you generally have 90 days after the EEOC right-to-sue notice.
| Claim type | Agency | Administrative filing deadline | Lawsuit filing deadline |
|---|---|---|---|
| California state (FEHA) | California Civil Rights Department (CRD) | 3 years from the last discriminatory act | 1 year after CRD issues right-to-sue notice |
| Federal claims | Equal Employment Opportunity Commission (EEOC) | 300 days from the discriminatory act | 90 days after EEOC issues right-to-sue notice |
For more detail, see our guide to statutes of limitations in California employment cases.
What Compensation Can You Recover?
Federal law caps combined compensatory and punitive damages in Title VII cases at $50,000 to $300,000, depending on employer size. FEHA has no such cap. Depending on the facts, you may be able to recover:
Getting your old job back is possible but unusual. By the time a case resolves, most people find the working relationship is beyond repair. The option can still matter in a negotiation, so it is worth knowing it exists.
To see how claims are valued, read what to ask for in an employment discrimination settlement. Para lectores en espanol: cuanto puedes ganar en una demanda por acoso y hostigamiento.
A Recent Result: Federal Jury Verdict Against Costco
In May 2026, a federal jury returned a unanimous 12 to 0 verdict for our client in Talamantes v. Costco Wholesale Corporation, No. 24-cv-00789 (N.D. Cal.). Our client had disclosed PTSD, anxiety, and limitations from an ankle injury, and asked for accommodations. He was fired instead.
The jury found that Costco failed to accommodate him, failed to engage in the good-faith interactive process California requires, and fired him for a reason that did not hold up. It awarded $200,000 in damages, plus attorney's fees. The Daily Journal covered the case, and we wrote about it here.
Why Choose Our Los Angeles Employment Discrimination Attorneys
Calling an employment discrimination attorney can feel like a big step, especially if you are still working there. We are the discrimination attorneys Los Angeles employees call when the stakes are real, and your first conversation with us is free and confidential, with no commitment.
Talk to a Los Angeles Workplace Discrimination Attorney
If you have been treated differently at work because of who you are, the clock on your claim is already running. An employment discrimination lawyer Los Angeles employees can reach directly will tell you in a single free call whether what happened to you is worth acting on, and roughly what it is likely to be worth.
Speak with Sam directly. Free, confidential, and no commitment.
Talk to Sam TodayLos Angeles Employment Discrimination FAQs
How do I know if it is discrimination and not just a bad manager?
This can be hard to tell, but there are usually signs. If a manager's employment decisions line up with remarks about your age, accent, or religion, or they let the same behavior slide for younger or different employees, that pattern points to discrimination rather than a manager who is simply unpleasant or bad at the job.
My employer says it was performance. Does that end it?
No. An employer cannot end your claim by naming a lawful reason. The question is whether that reason is the real one. Shifting explanations, a strong record before the complaint, and better treatment of comparable coworkers can all show the stated reason does not hold up.
What counts as workplace discrimination under California law?
Any harmful employment decision based on a protected characteristic, such as race, age, disability, sex, or religion. That includes refusing to hire, unequal pay, denied promotions, harsher discipline, refused accommodations, demotion, and termination. California also bans neutral-looking policies that unfairly hurt a protected group without a legitimate business reason.
Which protected classes are covered by California employment discrimination laws?
FEHA covers race, color, religious creed, national origin, ancestry, physical and mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age 40 and over, military and veteran status, and reproductive health decision-making. Pregnancy and breastfeeding fall under sex, and protective hairstyles fall under race.
What is the difference between workplace discrimination and harassment?
Discrimination involves job decisions, such as being fired, demoted, or paid less, because of a protected trait. Harassment involves conduct, such as slurs, offensive jokes, or unwanted touching, that creates a hostile work environment. Many cases involve both claims at once.
Do discrimination laws apply to small employers?
Yes, more often than people expect. California's discrimination rules apply to employers with five or more employees, while federal laws like Title VII generally require 15. FEHA's harassment protections go further and apply to every employer, even one with a single employee. Part-time workers count toward the five-employee threshold.
How do I prove I was discriminated against at work?
Most cases rely on circumstantial evidence: coworkers outside your group treated better, suspicious timing, biased comments, shifting explanations, and a strong work record before things changed. You do not have to prove bias was the only reason, just a substantial motivating factor. Discovery lets your attorney obtain internal emails and personnel files you cannot access on your own.
Can my employer fire me for complaining about discrimination?
No. California law prohibits retaliation against employees who report discrimination, file a complaint, take part in an investigation, or request an accommodation. Retaliation can include firing, demotion, cut hours, unfair reviews, or worse assignments. You are protected if you reported in good faith, even if the original discrimination claim is never proven, and a retaliation claim carries its own damages.
I already quit. Do I still have a case?
Possibly. If your working conditions were bad enough that a reasonable person would have felt forced to resign, the law can treat your resignation as a termination. The deadlines still run from what happened to you, so do not wait to get advice.
Do I have to file with the government before I can sue?
For a FEHA lawsuit, yes. You must obtain a CRD right-to-sue notice before filing in court. Federal claims have separate EEOC requirements.
What is the deadline to file a workplace discrimination claim?
Under California law, you generally have three years from the last discriminatory act to file with the Civil Rights Department, then one year after receiving a right-to-sue notice to file a lawsuit. Federal EEOC charges usually must be filed within 300 days, and you must file a lawsuit within 90 days after you receive a right-to-sue notice. Related claims carry different deadlines, so get advice early.
What should I do first if I think I am being discriminated against at work?
Start a written record of what happened, including dates, names, and witnesses, and keep it off company devices. Save pay stubs, reviews, and personal messages you are allowed to keep. Report the problem to HR in writing. Do not sign a severance agreement or release until an employment discrimination attorney reviews it.
What compensation can I recover in a discrimination case?
Depending on the facts, you may recover back pay, front pay, lost benefits, emotional distress damages, and punitive damages if the employer acted with malice, oppression, or fraud. FEHA also lets a winning employee recover attorney's fees and costs. Unlike federal law, California places no cap on compensatory or punitive damages.
How long does a discrimination case take?
The timeline varies. If your employer engages early, a case may resolve in months; if it fights, litigation can take considerably longer. We are prepared to take a case to trial when that is what it takes to get a fair outcome.
How much does an employment discrimination lawyer cost?
There is no fee up front. We offer a free consultation and handle accepted cases on contingency, so our fee is a percentage of what we recover. A court may also award reasonable attorney's fees under FEHA if you win.
If I lose, will I have to pay my employer's legal fees?
Not usually. FEHA lets a court award fees to the winning side, but an employer that wins generally cannot recover its fees unless the court finds the case was frivolous, unreasonable, or groundless when filed, or that it continued to be litigated after it clearly became so.
Is there a difference between a work discrimination lawyer and an employment discrimination attorney?
No. Work discrimination lawyer, employee discrimination lawyer, workplace discrimination attorney and employment discrimination attorney all describe the same role: a lawyer who represents employees over how they were treated at work. The titles vary by firm and by how people search. What actually matters is whether the lawyer acts for employees rather than employers, and how often they are willing to take a case to trial.
How can I find the best discrimination lawyers in Los Angeles?
Look for an attorney who represents employees only, has real trial experience, and will handle your case personally instead of passing it to staff. Ask about past discrimination results, how often you will hear from them, and how fees work. Check reviews and State Bar status, then use a free consultation to judge fit.
The information on this page is for general informational purposes only and is not legal advice. Prior results do not guarantee a similar outcome. Contacting Setyan Law does not create an attorney-client relationship.