Can You Sue for Discrimination if Your Workplace Has Fewer Than 15 Employees?

If you are facing discrimination in your workplace, you may have come across legal protections that apply only to companies with 15 or more employees. But what if your workplace is smaller? Are you still protected?  The short answer is yes. California has strong protections for employees, even in small businesses. Unlike federal law, which sets the threshold for pursuing discrimination claims at 15 or more employees, California law extends the anti-discrimination protections to workplaces with fewer than 15 employees. Here is what you need to know about your rights against discrimination in California.

Federal Anti-Discrimination Laws

At the federal level, several laws protect employees against workplace discrimination. However, these laws generally apply to larger businesses and companies with 15 or more employees. These include:

• Title VII of the Civil Rights Act (1964) – Protects against discrimination based on race, sex, color, religion, and national origin.
• Equal Pay Act (1963) – Requires men and women to be paid equally for equal work.
• Age Discrimination in Employment Act (ADEA) – Safeguards employees aged 40 and above from age discrimination.
• Americans with Disabilities Act (ADA) – Prohibits discrimination against individuals with disabilities.
• Genetic Information Nondiscrimination Act (GINA) – Prevents employers from using genetic information in hiring and firing decisions.

California’s Anti-Discrimination Laws

In addition to the federal laws, California has even stronger laws against discrimination. Under the Fair Employment and Housing Act (FEHA), employers with as few as five employees are prohibited from discriminating against employees based on:

• Race, color, or national origin
• Sex, gender, sexual orientation, gender identity, or gender expression
• Age (40 and older)
• Disability (physical or mental)
• Religion or creed
• Marital status
• Military or veteran status
• Pregnancy, childbirth, or related conditions
• Genetic information

Additionally, California law protects employees from harassment. Notably, all employers, even those with just one employee, are prohibited from engaging in harassment in the workplace. This means that no matter the size of your workplace, you are legally protected from discrimination and harassment.

What to Do if You Experience Workplace Discrimination

If you believe you have been discriminated against at work, there are several options available to you:

• File a Complaint With the CRD or EEOC

The California Civil Rights Department (CRD) investigates violations per the state law, while the Equal Employment Opportunity Commission (EEOC) handles federal cases. Both agencies review complaints, gather evidence, and can help resolve a case through settlements. If your workplace has fewer than 15 employees, you must file your case with the CRD because the EEOC only accepts complaints against employers with 15 or more employees. Also, you must file your case within three years since the last act of discrimination.

• Consider Filing a Lawsuit

If you have suffered job loss, lost wages, or emotional distress as a result of discrimination in your workplace, you may have grounds for pursuing a lawsuit. A California employment lawyer can help you obtain a Right to Sue letter from the CRD and seek compensation for lost income, emotional distress, and, in extreme cases, even punitive damages.

Contact a California Employment Lawyer

If you’ve faced discrimination at work, you have legal options, even if you work for a small business. Consult a California employment lawyer today to understand your rights and take action to hold your employer accountable.