San Diego Employment Discrimination Lawyer
Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated November 2026.
California law prohibits employers from firing, demoting, refusing to hire or promote, or otherwise discriminating against employees in the terms and conditions of employment because of a protected characteristic. If you were fired or demoted in San Diego because of your race, age, disability, pregnancy, sex, sexual orientation or another protected characteristic, you may be able to recover lost wages, emotional distress damages, and in some cases punitive damages.
Rise Law Firm represents employees, and only employees, throughout San Diego County, from downtown, Sorrento Valley and UTC to Chula Vista, Oceanside, Escondido and El Cajon. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities. We work on a contingency basis, so there are no fees or costs unless we recover compensation for you.
What characteristics does California law protect?
The California Fair Employment and Housing Act (FEHA) prohibits discrimination because of:
- Race, color, ancestry and national origin, including hair texture and protective hairstyles
- Sex and gender, including pregnancy, childbirth, breastfeeding and related medical conditions
- Gender identity, gender expression and sexual orientation
- Age (40 and over)
- Physical or mental disability and medical condition
- Religion, including religious dress and grooming
- Genetic information
- Marital status
- Military or veteran status
- Reproductive health decisionmaking
The list is not exhaustive. Federal law, including Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act, provides similar protections, but California law generally covers more employers and allows greater recovery.
What does discrimination at work look like?
Employers rarely admit to discriminating. Discrimination usually shows up in employment decisions such as:
- Being fired, laid off or forced out while others outside your protected group were kept
- Being demoted, passed over for promotion, or having your pay or duties cut
- Being disciplined more harshly than coworkers for the same conduct
- Being fired soon after disclosing a pregnancy, a disability or a medical condition, or after asking for an accommodation
- Being replaced by a younger employee, or by someone outside your protected group
- Hearing remarks about your age, race, sex, disability or another protected characteristic from the people who made decisions about you
These examples are not exhaustive. A policy that applies to everyone can also be unlawful if it falls more heavily on a protected group and is not justified by business necessity.
How is employment discrimination proven?
Under California law, an employee does not have to prove that discrimination was the only reason for a firing or demotion. It is enough that the protected characteristic was a substantial motivating reason for the decision. Because employers rarely state an illegal motive, these cases are usually proven through:
- Timing, such as a termination shortly after a pregnancy announcement, a medical leave or a complaint
- Comments by decision-makers about the employee’s protected characteristic
- Comparisons with how employees outside the protected group were treated
- Shifting or inconsistent explanations for the decision
- Documents, such as performance reviews that contradict the stated reason for the termination
Investigating those facts is a central part of our work. If you complained about discrimination and were punished for it, you may also have a retaliation claim.
Discrimination cases we handle
Our pages on specific types of discrimination explain the law in more detail:
What should I do if I believe I was fired because of discrimination?
- Keep track of what happened, including dates, who made the decision, what was said and the reason you were given.
- Keep copies of documents you are lawfully entitled to have, such as your offer letter, performance reviews, pay records and termination notice. Do not take confidential company materials.
- Request your personnel file and payroll records. California law gives you the right to request both (Labor Code sections 1198.5 and 226).
- Do not sign a severance agreement or release before speaking with an employment lawyer.
- Speak with an employment lawyer promptly, because deadlines may already be running.
Recognize your situation? Tell us what happened.
Request a free consultationDeadlines (statutes of limitations)
| Claim | Deadline |
|---|---|
| FEHA discrimination (and related retaliation) | 3 years to file a complaint with the California Civil Rights Department; then 1 year to sue after the right-to-sue notice |
| Federal discrimination claims (Title VII, ADA, ADEA) | 300 days to file a charge with the EEOC (the deadline for California employees); then 90 days to sue after the right-to-sue notice |
| Wrongful termination in violation of public policy | 2 years |
| Claims against a public employer | Non-FEHA claims generally require a government claim within 6 months |
These are general rules, and the facts of your case can change them. Our guide to wrongful termination deadlines in California explains them in more detail.
What compensation can I recover?
Depending on the claim, an employee who was fired or demoted because of discrimination may recover:
- Lost wages and benefits, past and future
- Damages for emotional distress
- Punitive damages when the employer acted with malice, oppression or fraud (public entities are not liable for punitive damages)
- Attorney’s fees and costs under FEHA
- In some cases, reinstatement
Frequently asked questions
Do I have a discrimination case?
You may have a case. If you were fired, demoted or passed over shortly after your employer learned of your pregnancy, disability, age, or another protected characteristic, or after decision-makers made remarks about it, those facts can be important evidence. The best way to find out is to tell us what happened.
Does my employer have to admit it discriminated?
No. Most discrimination cases are proven with circumstantial evidence, such as timing, comments, how other employees were treated and inconsistent explanations.
Can I bring a discrimination claim against a public employer?
Yes. Public employees are protected by FEHA. FEHA claims do not require a government claim, but other claims against a public entity generally require one within six months, and public entities are not liable for punitive damages.
How much does it cost to hire Rise Law Firm?
We work on a contingency basis, so there are no fees or costs unless we recover compensation for you.
Do I need a lawyer who is based in San Diego?
No. California employment law is the same statewide, and we represent employees throughout California. Most of our work with San Diego clients happens by phone, and our attorneys appear in person when a court requires it.
For an overview of the cases we handle, see our San Diego employment lawyer page. If you were fired, see our San Diego wrongful termination lawyer page.
Contact our San Diego discrimination lawyers
If you were fired, demoted or otherwise discriminated against at work in San Diego, contact us to request a free, confidential consultation, or call (310) 728-6588. We represent employees only, and there are no fees or costs unless we recover compensation for you.
This page provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.