Civil Rights & Disputes in California

California's FEHA covers race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, national origin, ancestry, marital status, age (40+), disability, medical condition, genetic information, and military/veteran status. The Unruh Act adds any arbitrary classification, meaning businesses cannot discriminate on any basis.

Under FEHA, you have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department (CRD). This is significantly longer than federal law's 180 or 300-day deadline. You must obtain a Right-to-Sue notice from CRD before filing a lawsuit.

California's anti-SLAPP statute (CCP Section 425.16) allows defendants to file a special motion to strike early in the case. If the underlying conduct arises from protected activity (speech on public issues, petitioning government), the burden shifts to the plaintiff to show a probability of prevailing. Discovery is stayed during the motion, and successful defendants are entitled to mandatory attorney's fee awards.

Defamation claims (libel and slander) in California must be filed within one year under CCP Section 340. This is shorter than many states' two-year window, making prompt legal consultation especially important.

California's Unruh Civil Rights Act (Civil Code Section 52) provides a minimum of $4,000 in statutory damages for each instance of discrimination by a business establishment, regardless of whether the plaintiff suffered any actual monetary loss. This per-violation minimum applies to each separate discriminatory act, meaning multiple incidents can result in substantial cumulative damages. The Unruh Act covers all business establishments — including restaurants, hotels, retail stores, medical offices, and online businesses — and prohibits discrimination on any arbitrary basis, not just the specific protected classes listed in the statute.

After filing a complaint with the California Civil Rights Department (CRD), you may either wait for the CRD to investigate and issue findings, or request an immediate right-to-sue notice. If you request an immediate right-to-sue, the CRD closes its investigation and you have one year from the date of the notice to file a civil lawsuit in California superior court. Many plaintiffs choose the immediate right-to-sue path because it allows them to proceed directly to court without waiting for the administrative investigation, which can take months or longer. However, if the CRD investigation is favorable, it may strengthen your case, so the strategic choice could depend on the specific circumstances.