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Home » Blog » Fired for Reporting Discrimination in California: Your Legal Rights

Fired for Reporting Discrimination in California: Your Legal Rights

Posted on August 27, 2025 | By Omid Nosrati | Discrimination

Every worker has the right to a workplace free of retaliation and fear. Unfortunately, employees are often legally violated and expected to simply deal with it. You don’t have to accept things as they are. If you or someone you love is fired for reporting discrimination in California, it’s important to hire a discrimination lawyer to help fight for your rights.

Experienced Employment Lawyers in California

Here at Nosratilaw, A Professional Law Corporation, we understand how hopeless it can feel when you’ve been wrongfully terminated. With over 20 years of combined legal experience and a sole focus on employment law, our team is the obvious choice to help advocate for you. We offer free consultations to California employees who need to understand their legal options.

Your Legal Rights Against Discrimination

In 2023 in California, there were a total of 8,533 employment complaints filed with the Civil Rights Department, based on employees who reported forms of discrimination or harassment. In California, it is illegal for employers to treat employees unfairly because of personal characteristics such as:

  • Race. Black workers in California reported higher rates of workplace violations than their co-workers of other races. 55% of Black workers in the state reported violations in 2024, compared to 45% of violations reported by white workers.
  • Color
  • Religion
  • National origin
  • Ancestry
  • Disability
  • Medical condition
  • Marital status
  • Sex
  • Gender identity or expression
  • Age
  • Sexual orientation
  • Veteran or military status
  • Reproductive health decisions

The Fair Employment and Housing Act protects people in California from harassment or discrimination at work or in housing. This means employers cannot refuse to hire, fire, or discriminate in pay, training, promotions, or working conditions based on these protected characteristics.

Labor organizations, employment agencies, and training programs must also avoid discriminating or excluding people based on these characteristics. Employers cannot print job ads, ask job applicants, or conduct inquiries that suggest discrimination.

Retaliation Laws in California

California law makes it illegal for employers to fire, demote, suspend, or take any negative action against an employee or job applicant because they exercised their legal rights. Employers must not retaliate against anyone who:

  • Reports or opposes discrimination
  • Participates in investigations or hearings
  • Requests accommodations for disabilities or religious beliefs. There are exceptions when an employee cannot perform the essential job duties even with reasonable accommodations.
  • Files a complaint about unpaid wages
  • Reports violations of labor laws
  • Otherwise asserts their workplace rights

The law also protects employees who are family members of someone who exercised these rights. If an employer violates this law, the employee can get their job back, recover lost wages and benefits, and the employer may face civil penalties.

There is a presumption that retaliation occurred if the employer takes adverse action within 90 days of the protected activity. Employers who willfully refuse to rehire or promote someone after a legal proceeding can be charged with a misdemeanor.

Applicants for employment are also protected. If they are denied a job because they engaged in these protected activities, they may be entitled to employment and compensation for lost wages.

Hire a Discrimination Lawyer

Nosratilaw, A Professional Law Corporation, is here to help support you in whatever way you need. We’re passionate legal advocates who have dedicated our careers to protecting our California neighbors. We work tirelessly on employee cases to help secure them justice and compensation.

We work on a contingency fee basis. This means that we don’t get paid unless we secure compensation for your case. Let us help you with the legal side of things so you can focus on your mental well-being.

FAQs

How Do I Prove That I Was Wrongfully Terminated in California?

To prove wrongful termination, you must show that the employer’s reason for firing you wasn’t the true reason. Evidence can include emails, performance reviews, witness statements, and a pattern of unfair treatment.

Timing matters too. Being fired shortly after filing a complaint can prove retaliation. Employees carry the burden of proof. You must show that it’s more likely than not that your employer acted illegally and that you suffered damages, like lost wages, emotional distress, or loss of benefits.

What Is the California Whistleblower Law?

California Labor Code Section 1102.5, otherwise known as the “whistleblower law”, protects employees who report illegal or unsafe activities at work. Employees are allowed to disclose information to government agencies, supervisors, or other employees who can investigate violations.

Employers are prohibited from retaliating against employees for reporting, being suspected of reporting, testifying, or refusing to participate in activities that would break the law. Employers who violate this law may face civil penalties up to $10,000 per employee.

What Is the Silenced No More Act?

The Silenced No More Act became law in California in 2022. The law limits confidentiality provisions in certain employment settlements for claims of harassment, discrimination, or retaliation under the Fair Employment and Housing Act. Employees can no longer be silenced from speaking about their experiences of workplace harassment or discrimination.

The law also restricts non-disparagement clauses, preventing employers from requiring employees to remain silent about unlawful acts in the workplace as a condition of employment, raises, or bonuses.

What Is the Family and Medical Leave Act?

The Family and Medical Leave Act allows employees who meet eligibility requirements to take unpaid leave, keep their jobs, and continue group health insurance. Employees can take up to twelve workweeks of leave yearly to care for a newborn, for the placement of a child through adoption or foster care, to care for a relative with a serious health condition, for the employee’s own serious health condition, or for any qualifying need related to a family member’s active military duty.

Choose a Trusted California Employment Law Firm

The three skilled attorneys at Nosratilaw, A Professional Law Corporation, understand the devastation wrongful termination can have on a person. When the stability of your job is threatened or taken away entirely, the impact can be long-lasting.

We offer free consultation to California workers who need to understand how they can fight for their rights. Contact our office today to learn how we can help support you during this difficult time.

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About the Author
Omid Nosrati

Mr. Nosrati been selected as one of the Top 100 Labor and Employment lawyers in the State of California for 2016, 2017, and 2018 by The American Society of Legal Advocates (ASLA). He has a “Superb” (10 out of 10) rating on Avvo and a 4.9 out of 5.0 Peer Rating from other lawyers on Martindale Hubbell. Omid Nosrati is also a member of the respected California Employment Lawyers Association, Los Angeles County Bar Association, and Santa Monica Bar Association. He is a firm believer in education, loves to read about technology trends in the legal field and leverages his firm’s technological strengths to benefit each of his firm’s clients.

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