Workplace Discrimination Defense for California Employers
- Gabrielle J. Korte

- Sep 28, 2025
- 3 min read
Updated: Nov 14, 2025
To protect your business from discrimination claims, you need experience, vigilance, and a proactive legal strategy. Brereton Law Office provides these qualities in every case. As a workplace discrimination defense attorney in California, we understand the unique challenges employers face under the state’s Fair Employment and Housing Act (FEHA) and related laws.

Personal and Firm Background
I started my journey in employment law driven by a passion for workplace fairness and the belief that businesses perform best when they follow clear legal guidelines. Over time, I focused on defending California employers. I help them manage discrimination claims, ensure compliance, and protect their reputations.
Brereton Law Office is built on a foundation of industry expertise, responsive client service, and a commitment to practical solutions. We’re more than just an employer defense attorney; we’re your trusted partner. We are ready to support you whether you are dealing with EEOC investigations, DFEH complaints, or litigation.
Understanding Workplace Discrimination in California
What Qualifies as Workplace Discrimination?
California’s FEHA prohibits discrimination based on protected characteristics such as race, color, national origin, religion, sex, gender, sexual orientation, disability, age, and more. Employers must ensure equal opportunity in hiring, promotions, discipline, and terminations.
Common Types of Discrimination Claims
Age Discrimination: Allegations that older employees were overlooked for promotions or targeted in layoffs.
Race, Religion, and National Origin: Claims based on perceived bias in hiring, assignments, or workplace culture.
Disability Discrimination: Issues regarding accommodations, perceived bias, or retaliation after making requests.
Sexual Harassment: Inappropriate conduct, a hostile work environment, or quid pro quo harassment.
Retaliation: Cases where employees claim they faced punishment for reporting discrimination or harassment.
California vs. Federal Law
While federal laws like Title VII and the ADA provide a baseline, FEHA is more expansive and employees have more protections under it. FEHA applies to smaller employers (those with 5 or more employees), covers more protected categories, and allows for higher damages. Understanding these differences is crucial for effective employment law defense.
Employer Misconceptions
Many California employers think that intent is the most important factor. If they didn’t mean to discriminate, they feel safe. However, actions can be unintentionally discriminatory under California law. Having solid policies, documentation, and training is the best way to protect yourself.
How Misinterpretation Happens
A neutral policy, such as strict attendance rules, can unintentionally disadvantage employees with disabilities. A poorly documented performance review may seem biased. Even a well-meaning comment can lead to a workplace harassment investigation. This is why it’s essential to have proactive legal support from an employer defense attorney.
Brereton Law’s Approach to Workplace Discrimination Defense
To build a strong defense, we start with a thorough, case-specific analysis. When you reach out to Brereton Law for workplace legal support, here’s what you can expect:
Case Assessment and Documentation
We carefully review the facts, documentation, and timeline of events. Strong documentation like performance reviews, disciplinary records, and internal complaints can significantly influence a case. Our team helps you collect and present the evidence that shows fair and lawful decision-making.
Policy Development and Training
California employers need clear, FEHA-compliant policies. We assist with drafting, reviewing, and implementing policies against discrimination, harassment, and retaliation. Regular training for managers and staff is also a key part of prevention.
Dispute Resolution
Sometimes, early negotiation or mediation can settle a claim without going to court. Our teams, specializing in retaliation defense, are skilled in settlement strategies. If a case goes to trial, we are experienced litigators who understand California’s court system.
Real-World Example
A retail client in California faced a retaliation lawsuit after terminating an employee who had previously filed a discrimination complaint. We reviewed documentation, prepared witnesses, and showed that the termination was based on clear performance issues not retaliation. The case ended favorably, which protected the employer’s reputation and operations.
Key Takeaways for California Employers
Prevention Is Key
Train your team: Conduct regular, interactive training on discrimination, harassment, and retaliation.
Document everything: Keeping clear records protects you during workplace investigations.
Review policies: Make sure your handbook and procedures meet the standards of FEHA and federal law.
Responding to a Complaint
If you receive a DFEH or EEOC complaint, contact an employment defense lawyer right away. Preserve all relevant records and avoid discussing the case internally. Let your attorney guide your response.
Why Trust Brereton Law?
We blend deep legal knowledge with practical business sense. Whether you need a defense lawyer for a specific case or ongoing advice to prevent claims, Brereton Law is your partner in California employment law.




Comments