Take the First Step
May 5, 2026 · Benjamin J. Treger
What California Law Protects, Including Your Hair
Nobody said anything about race. That is what makes it hard to name. You were the one who got the write-up for something everyone else does. You trained the person who was promoted over you. You were told you were “not a culture fit,” or that clients “respond better” to someone else, or that your hair was “unprofessional.” Each thing on its own could be explained away. Together, they are a pattern, and you know what the pattern is.
California law knows too. The Fair Employment and Housing Act, known as FEHA, prohibits discrimination based on race, color, national origin, and ancestry in nearly every aspect of employment, and it does not require a slur or a confession to prove it. This post explains what the law covers, what race discrimination usually looks like in practice, and what you can do about it.
FEHA applies to employers with five or more employees, and its harassment protections apply to every employer regardless of size. It prohibits treating an employee or applicant worse because of race in hiring, pay, promotions, assignments, discipline, training, layoffs, and termination. It also prohibits harassment based on race, and it prohibits retaliation against anyone who complains about either.
“Race” under California law is broader than many people assume. Since the CROWN Act took effect in 2020, race includes traits associated with race, specifically including hair texture and protective hairstyles such as braids, locs, and twists. A later amendment, in effect since January 2025, tightened that definition further by removing language that employers had used to argue a particular style was not “historically” tied to race. The practical result is that a grooming policy banning locs, a manager who tells you to “do something” about your natural hair before a client meeting, or a hiring decision influenced by your hairstyle is race discrimination, full stop.
The law also covers color, which can involve discrimination between people of the same race based on skin tone. It covers national origin and ancestry, which protects against bias based on where you or your family are from, your accent, your name, or your language. And it covers association: being treated worse because of the race of your spouse, your friends, or the people you advocate for.
Overt racism still happens, and when it does, the case is clear. But most race discrimination today is quieter, and it tends to show up in a handful of recognizable ways.
Different rules for different people. You are disciplined for being a few minutes late while others are not. Your mistakes are documented; theirs are coached. You are “not ready” for a promotion that goes to someone with less experience. The legal term is disparate treatment, and comparing how similarly situated employees of other races were treated is often the heart of the case.
Coded language. “Culture fit.” “Not polished.” “Aggressive.” “Hard to understand.” “Not what our clients expect.” These phrases are not illegal on their own, but when they are used about employees of one race and not others, they are evidence.
Policies that look neutral but are not. A grooming standard, a language rule, a background check policy, or a hiring test can be unlawful if it screens out people of a particular race and is not genuinely necessary for the job. This is called disparate impact, and the employer’s intent does not matter.
Harassment. Slurs, “jokes,” nicknames, comments about your hair or your food or how you speak, offensive images, being mimicked or mocked. Harassment is unlawful when it is severe or pervasive enough to alter your working conditions. California law is clear that a single incident can be enough if it is serious, that the conduct does not have to be aimed at you personally to poison your workplace, and that an employer cannot dismiss a supervisor’s comments as “stray remarks.” If a supervisor is the harasser, the employer is responsible automatically. If a coworker or customer is the harasser, the employer is responsible once it knew or should have known and failed to act.
Retaliation. You complain to HR, and within weeks your hours are cut, your schedule changes, or you are placed on a performance plan. Retaliation claims are often stronger than the underlying discrimination claim, because the timing speaks for itself. We wrote about this in You Reported It. Then They Retaliated.
You do not need a recording of someone admitting it. Discrimination cases are built from circumstantial evidence, and courts expect that. The questions we ask are the ones a jury will ask. Were employees of other races treated differently in similar situations? What was said, by whom, and when? Did the employer’s explanation for what happened change over time? Did it follow its own policies? Is there a pattern in who gets hired, promoted, and let go? Did the decision come soon after you complained or after a change in management?
When an employer’s stated reason does not hold up, the law allows the conclusion that the real reason was the unlawful one. Employers rarely write down a discriminatory motive. They do, however, leave inconsistencies, and inconsistencies are what these cases turn on.
If you prove race discrimination, harassment, or retaliation under FEHA, you can recover lost wages and benefits, both past and future; compensation for emotional distress, which juries take seriously in these cases; punitive damages where the employer’s conduct was malicious or oppressive; and your attorney’s fees, which means the employer pays for your lawyer if you win. We discuss how these pieces fit together in How Much Is My Case Worth?
Write it down. Keep a dated log of incidents: what happened, who was there, what was said. Do it the same day when you can. Contemporaneous notes are among the most persuasive evidence in a discrimination case.
Save the paper trail. Performance reviews, especially good ones. Emails and messages that show how you were treated compared to others. The grooming or dress code policy. Your complaint to HR and their response. Forward what you can to a personal account before you lose access.
Report it, carefully. Complaining internally is protected activity, and it often strengthens a case. Put it in writing, keep it factual, and keep a copy. You are not required to use the word “discrimination,” but it helps to be clear that you believe you are being treated differently because of your race.
Watch the deadlines. You generally have three years from the discriminatory act to file a complaint with California’s Civil Rights Department, and one year after receiving a right-to-sue notice to file in court. Those are the outer limits; evidence and witnesses fade much sooner.
Talk to someone who has seen this before. Race discrimination cases are hard to see clearly from the inside. An experienced attorney can look at your situation and tell you honestly whether what you are describing is actionable, and what it may be worth. At Treger Legal, the consultation is free and confidential, and we take these cases on contingency. You pay nothing unless we win.
This post is for informational purposes only and does not constitute legal advice. Discrimination cases depend heavily on their specific facts. Consult with a qualified employment attorney about your specific situation.