Know Your Rights · Guide I of IV
A bad boss is not always breaking the law. These cards explain when California law steps in: discrimination, equal pay, harassment, retaliation, disability, age, whistleblowing, and the deadlines that apply.
Talk to a lawyer: (310) 203-2650General information about California law, not legal advice. Reading this does not create an attorney-client relationship.
California's main workplace-rights law is the Fair Employment and Housing Act (FEHA). It bars employers from treating you worse because of who you are, from harassing you, and from punishing you for speaking up.
A bad boss is not always breaking the law. The law steps in when the problem is tied to a protected trait or to speaking up.
What to do
Read the next cards to see which situation sounds like yours.
Law:Gov. Code §§ 12900 et seq.; § 12940(a), (h), (j)
What to do
Not sure of the headcount? Write down everyone you know works there, including part-timers and remote staff, and let a lawyer check.
Law:Gov. Code § 12926(d); § 12940(j)(1), (j)(4)(A)
Too small for the age-discrimination law
Jennings v. Marralle (1994) · California Supreme Court
An employee alleged she was fired in 1990 solely because of her age. Her employer did not regularly employ five or more people.
Because the employer was below the five-employee threshold, California's age-discrimination law did not apply. She also could not sue for wrongful termination by relying on that law's policy. The court ordered her case dismissed.
Headcount matters. If your employer is very small, some protections may not reach you. Count everyone carefully and get advice early.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
An employer cannot refuse to hire you, fire you, or treat you worse in pay or working conditions because of:
race · religion · color · national origin · ancestry · physical or mental disability · medical condition · genetic information · marital status · sex · gender, gender identity, or gender expression · age (40+) · sexual orientation · reproductive health decisions · military or veteran status
What you would generally need to show
What to do
Write down what happened, when, who decided, and any comments that tie the decision to your trait.
Law:Gov. Code § 12940(a); CACI Nos. 2500, 2507, 2570
Pregnant, then let go
Harris v. City of Santa Monica (2013) · California Supreme Court
A probationary bus driver told her supervisor she was pregnant. He reacted with apparent displeasure and asked for a doctor's note. Within days of giving it to him, she was let go. The city said the reason was poor performance. A jury awarded her $177,905.
Discrimination must be a substantial motivating reason for the decision. It doesn't have to be the only reason. But if the employer proves it would have made the same decision anyway for legitimate reasons, the employee cannot recover damages, though she may still win a court declaration and attorney fees. The verdict was set aside and the case sent back to be decided under that standard.
You don't have to prove bias was the only reason. Expect the employer's other reasons to be tested, so keep records of your performance.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
California's Equal Pay Act bars paying you less than coworkers of another sex, race, or ethnicity for substantially similar work, judged by the overall combination of skill, effort, and responsibility, under similar working conditions.
What you would generally need to show
What to do
Write down who does similar work, what you know about their pay, and how long they have been there.
Law:Lab. Code § 1197.5(a), (b), (h), (i); CACI Nos. 2740, 2741
Harassment is unwanted conduct tied to a protected trait: slurs, jokes, touching, messages, images, or threats. It does not have to be sexual. It must be severe or pervasive, and a single serious incident can be enough.
What you would generally need to show
What to do
Report it in writing to HR or a manager above the harasser. Keep a copy, and save the messages or images.
Law:Gov. Code §§ 12923(b), 12926(t), 12940(j)(1), (j)(3); CACI Nos. 2521A, 2524, 2525, 2528
One slur can be enough
Bailey v. San Francisco District Attorney's Office (2024) · California Supreme Court
An African-American employee said a coworker who shared her office called her the N-word. After she reported it, the HR manager blocked her from filing a formal complaint, acted in an intimidating way, and told her she was “going to get it.” The lower courts threw out her case.
A single incident can be severe enough to create a hostile workplace, and a coworker's use of an unmistakable racial slur like the N-word can qualify. Obstructing an employee's complaint can also be retaliation. The court reversed and let her claims go forward.
You don't have to wait for a pattern before speaking up. Report it in writing, and write down how HR responds.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
An employer cannot fire or punish you because you complained about discrimination or harassment, filed a complaint, testified, helped a coworker, or asked for a disability or religious accommodation.
You do not have to prove the original discrimination happened. It is enough that you reasonably believed it was unlawful.
Even if the person who fired you never knew about your complaint, the law can still reach it when a biased person influenced the decision.
What you would generally need to show
What to do
After you complain, write down every change that follows: write-ups, schedule or pay changes, being left out. Note the dates.
Law:Gov. Code § 12940(h); CACI Nos. 2505, 2509, 2511
“Get me somebody hot.”
Yanowitz v. L'Oreal USA, Inc. (2005) · California Supreme Court
A regional sales manager had been named her company's regional sales manager of the year. A male executive told her to fire a female sales associate he did not find attractive enough, and to “get me somebody hot.” She refused because she believed the order was discriminatory. Her evidence showed that her supervisors then began criticizing her in memos, asked the people she supervised for complaints about her, and scrutinized her work more closely. She eventually left her job.
Refusing an order you reasonably believe is discriminatory is protected, even if you never say the word “discrimination,” as long as the employer knows why you refused. A series of smaller actions, taken together, can add up to retaliation. Her case was allowed to go forward.
You don't need a formal complaint to be protected. Saying no to an unlawful order can be enough, and a pattern of write-ups and being frozen out can count even if you were never fired.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
If your employer knows you have a physical or mental condition that limits you, it must make reasonable accommodations so you can do the job. Examples include a changed schedule, equipment, time off for treatment, or moving you to an open position you can do.
You do not have to be fired for this to be a violation. Failing to accommodate can be a violation on its own.
What you would generally need to show
What to do
Ask in writing. Say what you need and why. Keep a copy of any doctor's note you hand in.
Law:Gov. Code § 12940(m)(1); CACI Nos. 2541, 2542
Grounded, but not out of options
Prilliman v. United Air Lines, Inc. (1997) · California Court of Appeal
Two pilots were grounded after being diagnosed with a serious illness that disqualified them from flying. The airline admitted it did not consider them for any other jobs, because they “did not request any other positions.”
An employer that knows of an employee's disability has an affirmative duty to tell the employee about other suitable jobs and to find out whether the employee is interested and qualified, where it can do so without undue hardship or offers similar help to others. The court reversed the airline's win against one pilot. It affirmed the judgment against the other.
If you can't do your current job, ask in writing about other open positions, and keep the response.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
When you ask for an accommodation, your employer must take part in a timely, good-faith conversation with you about what could work. This is called the interactive process. Ignoring you, stalling, or shutting the door may break this rule.
What you would generally need to show
What to do
Answer every request for information quickly. Keep emails and notes of each conversation, with dates.
Law:Gov. Code § 12940(n); CACI No. 2546
Employers must take all reasonable steps to prevent discrimination, harassment, and retaliation. That usually means a written policy, a complaint process, training, and a real investigation when someone complains.
This claim comes on top of a proven violation. It is not a stand-alone claim.
What to do
Ask HR for the written anti-harassment and complaint policy. Note who you are supposed to report to.
Law:Gov. Code § 12940(k); CACI No. 2527
California protects workers who are 40 or older from being fired, passed over, or pushed out because of age. A 'restructuring' or 'downsizing' is not automatically a good enough explanation for letting older workers go.
What you would generally need to show
What to do
Note who replaced you or took over your duties, and their approximate age.
Law:Gov. Code § 12940(a); CACI No. 2570
Replaced by a 37-year-old
Stephens v. Coldwell Banker Commercial Group, Inc. (1988) · California Court of Appeal
A 63-year-old real estate manager, with the company for three decades, was replaced in his building-manager role by a 37-year-old. He lost the commissions and incentive pay tied to that role.
A jury found he was demoted because of his age, and the Court of Appeal upheld that finding.
Note who replaced you or took over your duties, and their approximate age.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
California's whistleblower law protects you if you report what you have reasonable cause to believe is a violation of a law or regulation, or if you refuse to take part in something illegal. It covers reports to:
It still counts if reporting is part of your job, or if the company already knew. You do not need to name the specific law.
What you would generally need to show
What to do
Report in writing to the right person. Keep a copy and any response.
Law:Lab. Code §§ 1102.5(b), (c), 1102.6; CACI Nos. 4603, 4604; Ross v. County of Riverside (2019) 36 Cal.App.5th 580
Told to mis-tint the paint
Lawson v. PPG Architectural Finishes, Inc. (2022) · California Supreme Court
A paint company territory manager said his supervisor ordered him to deliberately mis-tint slow-selling paint, so stores would have to sell it at a deep discount. He refused, and he made two anonymous reports to the company's ethics hotline. Months later he was fired, and the company cited poor performance.
Under California's whistleblower law, the employee only has to show that his report was a contributing factor in the firing. The employer must then prove, by clear and convincing evidence, that it would have fired him anyway for legitimate, independent reasons. The court answered this question for the federal court handling his case.
The burden rules favor whistleblowers, but you still have to show you reported. Make your report in writing, or through a channel that keeps a record.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
Even an at-will employee cannot be fired for a reason that violates an important public policy, such as refusing to break the law, reporting suspected illegal activity, or using a legal right. A reasonable suspicion of illegality is enough. You do not have to prove the law was actually broken.
What you would generally need to show
What to do
Write down exactly what you refused or reported, to whom, and when.
Law:CACI No. 2430 (wrongful discharge in violation of public policy)
Fired for refusing to fix prices
Tameny v. Atlantic Richfield Co. (1980) · California Supreme Court
An employee of 15 years alleged he was fired because he refused to take part in an illegal scheme to fix retail gasoline prices. The trial court threw out his claim for tort damages.
An employer that fires someone for refusing to break the law violates fundamental public policy, and the employee can sue for tort damages. The court reversed and let his claim proceed.
Even an at-will employee can't be fired for refusing to break the law. Write down what you were asked to do, by whom, and when.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
If your employer made conditions so bad that a reasonable person would have no reasonable choice but to quit, the law can treat your resignation as a firing. This is called constructive discharge.
The conditions must be unusually bad or part of a continuing pattern. Small slights do not qualify, and the employer, through a supervisor or someone higher, must have created the conditions or known about them.
What you would generally need to show
What to do
Before quitting, report the conditions in writing to someone in authority, and talk to a lawyer first.
Law:CACI Nos. 2510, 2432
When quitting doesn't count as a firing
Turner v. Anheuser-Busch, Inc. (1994) · California Supreme Court
A manager received a “needs improvement” evaluation, resigned a few days later, and then sued. He claimed he had been forced out after complaining about what he believed was illegal activity.
To treat a resignation as a firing, conditions must be so intolerable that a reasonable person would have had no real choice but to quit. A single negative performance rating is not enough. The court ordered judgment for the employer.
The bar is high. Before you quit, report the conditions in writing and talk to a lawyer.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
What to do
Write down the date of every key event, then talk with a lawyer early. Do not rely on this card to calculate your deadline.
Law:Gov. Code §§ 12960(e)(5), 12965(c)(1)(A), (D); CACI No. 2508
When does the clock start?
Pollock v. Tri-Modal Distribution Services, Inc. (2021) · California Supreme Court
A customer service representative alleged she was repeatedly passed over for promotions because she refused to have sex with a company executive. The employer argued her claim was too late, measuring from when someone else got the job.
The deadline starts when the employee knows, or reasonably should know, that the employer refused to promote her, and the employer must prove when that was. The court reversed and sent the case back.
Deadlines can turn on what you knew and when. Write down the date you learned of each decision.
This is a published court decision. Benjy Law Corporation was not involved in the case. Facts are as described in the court's opinion. The decision states a legal rule; it does not predict how any other case will turn out.
California law protects you from retaliation for complaining that you are owed unpaid wages, for filing a claim with the Labor Commissioner, and for other activity protected by the Labor Code, including whistleblowing.
If your employer takes action against you within 90 days of that protected activity, the law presumes it was retaliation. The employer then has to rebut it.
Remedies can include getting your job back, lost wages and benefits, and a penalty of up to $10,000 per violation paid to you.
What to do
Write down the date you complained and the date of every action taken against you afterward.
Law:Lab. Code § 98.6(a), (b)(1), (b)(3)
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