25+ Years Defending CA Employers
Employer-Only Representation
Statewide California
Free 15 min. Consultation
Does This Sound Like Your Situation?
Sexual harassment or hostile work environment claim
Race, gender, age, or national origin discrimination
Disability discrimination claim
Failure to accommodate disability or religion
Failure to engage in the interactive process
Pregnancy discrimination or PDL violation
Failure-to-prevent claim under §12940(k)
CRD complaint or right-to-sue letter received
What's Actually at Stake
Filing Window with CRD (Post AB 9 Reform)
Damages Plus Attorney's Fees to Prevailing Employee
Employer Liable for Harassment by Supervisors
Individual Liability for Harassers
FEHA cases carry asymmetric risk. Damages are uncapped, attorney's fees can shift entirely against the employer, and supervisor harassment is held to a strict liability standard. The defense has to be built carefully, from the documentation up.
Reacting to the Complaint vs. Building the Defense Record
Reacting to the Complaint
Wait until the CRD notice arrives to act.
Treat each complaint as isolated.
Investigate after the fact, often without privilege.
Settle to make the case go away.
No summary judgment posture built.
Building the Defense Record
Treat every complaint as if it could become litigation.
Investigate immediately with attorney involvement and privilege.
Document the investigation, decision, and remediation.
Train managers on the documentation that wins cases.
Build an SJ-ready record from the start.
"The strongest FEHA defenses are built from documentation, not from arguments."
How We Defend FEHA Harassment and Discrimination Claims
Confirm Filing Dates and Right-to-Sue Posture
We calendar the CRD complaint date, the 3-year filing window under §12960, and any right-to-sue letter (which triggers the 1-year window to file civilly). Missing any one of these dates limits your defense options.
Pull Personnel Records and Prior Complaints
We pull performance reviews, write-ups, attendance records, manager communications, and any prior complaints by or about the employee. The record either supports the defense or tells us where the exposure actually is.
Investigate Under Privilege Where Possible
We structure the investigation to preserve attorney-client privilege and work-product protection. The investigation is what supports the affirmative defense, but only if it was done correctly and timely.
Build the Affirmative Defense Record
Anti-harassment policy, AB 1825 and SB 1343 training records, reporting procedures used, prompt remedial action taken. These are the elements that defeat FEHA claims at summary judgment when the record holds together.
Negotiate from a Defended Position or Move for Summary Judgment
We evaluate exposure honestly. If the defense is strong, we move for summary judgment. If the math says settle, we settle from a defended position, not from panic.
FEHA cases are often more defensible than they look.
Tell us what you received. We'll review it in 15 minutes, free.
Real Scenarios We've Handled
RESTAURANT GROUP
Hostile Work Environment Claim Settled at CRD Stage
Situation
Server filed a CRD complaint alleging hostile work environment from a coworker, with a demand exceeding $200,000. The complaint included sexual harassment and retaliation theories.
Outcome
We presented the documented investigation that had occurred at the time of the original internal complaint, the immediate remedial action taken, and the AB 1825 training records. The matter resolved at the CRD stage for a small fraction of the demand.
TECH FIRM
Age Discrimination Claim Defeated on Performance Record
Situation
Former software engineer in her late 50s filed a CRD complaint alleging age discrimination after termination during a performance-based reduction in force.
Outcome
We pulled the performance documentation, prior PIPs, and the RIF selection criteria. The performance record pre-dated any age-related decision-making, and the RIF criteria were age-neutral on their face and as applied. Summary judgment granted.
HEALTHCARE CLINIC
Failure-to-Accommodate Claim Resolved at Mediation
Situation
Former medical assistant claimed the clinic failed to engage in the interactive process and refused reasonable accommodation for a back injury. Damages demand was significant.
Outcome
We presented the documented timeline of accommodation discussions, multiple offers of alternative roles, and the employee's response history. The case resolved at mediation for a manageable amount with a full release.
Past results do not guarantee future outcomes. Every case is different.
Frequently Asked Questions
An employee filed a complaint with CRD. What happens now?
The CRD typically investigates first. They may dismiss the complaint, attempt mediation, or issue a right-to-sue letter that gives the employee one year to file in court. Either way, you should respond, but how you respond depends on the documentation available and the strength of the underlying claim. What you say at this stage matters.
We did an internal investigation. Why isn't that enough?
It might be, but only if it was done correctly. FEHA defenses on harassment claims often turn on the affirmative defense of prompt remedial action, which requires showing the investigation was timely, neutral, thorough, and acted upon. We review the investigation record and tell you honestly whether it holds up under that standard.
The complaint involves a manager who's been with us for years. Does that matter?
It matters in two ways. First, longstanding managers usually have a personnel record we can use, or that can be used against us, depending on what's in it. Second, FEHA applies strict liability to harassment by supervisors, a higher standard than for coworker harassment. We assess both the documentation and the supervisor status carefully.
Should we just settle? The demand is in the low six figures.
Sometimes. But settling without first running the affirmative defense analysis means you may be paying for a case that wouldn't survive summary judgment. We evaluate the strength of the defenses (policy, training, investigation, remediation) before recommending anything. Settle only when the math actually says to.
This is the first one. What should we change to prevent the next?
Three things. First, anti-harassment training that meets AB 1825 and SB 1343 standards across the workforce. Second, an actual reporting procedure that employees know how to use and trust. Third, documented investigation protocols when complaints come in. We help you build all three after we resolve the current case.
Got a FEHA Complaint? Don't Settle Before You Know Your Defense.
FEHA cases look damaging on the surface, but they're often defensible once you see what the personnel records and policy history actually show. Talk to our team. We'll review the complaint and tell you honestly where you stand.
Free. No obligation. Responses within 1 business hour. Employer-only representation, never employees.