El Monte employees who face workplace discrimination because of military or veteran status may have claims under California’s Fair Employment and Housing Act (FEHA), federal USERRA, or both, depending on the facts. These laws create overlapping protections, with potential filing routes through the California Civil Rights Department (CRD), the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL/VETS), or court, depending on the claim.
TL;DR:
- FEHA covers hiring, pay, promotion, discipline, and termination; USERRA addresses military leave, retaliation, and reemployment rights, including the right in many cases to return to the position the employee would have held absent military service, or a comparable position, with appropriate seniority and benefits.
- A discrimination or retaliation claim often turns on whether military or veteran status was a motivating or substantial motivating reason for the adverse action, depending on the claim and legal theory.
- FEHA generally requires a CRD administrative complaint before a lawsuit, while USERRA permits suit without exhausting an agency process; deadlines depend on the claim.
- For military leave or reinstatement disputes, DOL/VETS can investigate and seek lost wages, benefits, or reinstatement, while CRD handles FEHA intake and investigations.
- Available remedies may include reinstatement, back pay, front pay, emotional distress damages, attorney’s fees, lost wages, benefits, and restored seniority, depending on the statute and facts.
Table of Contents
- Which laws protect military or veteran status in California
- When conduct crosses the line into unlawful discrimination
- Evidence to collect and how to organize it
- Remedies and timing you should understand
- How to start the filing process
- Our perspective on assessing veteran status discrimination claims
- Contact California United Law Group for an El Monte case evaluation
- FAQ
- Sources
Which laws protect military or veteran status in California
Two separate legal systems give El Monte employees a path to challenge discrimination tied to military or veteran status, and understanding how they fit together matters before you decide where to file.
FEHA, California’s primary anti-discrimination statute, protects applicants and employees from discrimination and harassment based on veteran or military status, including in hiring, termination, compensation, and other terms or conditions of employment. The statute generally forbids an employer from refusing to hire, discharging, harassing, or discriminating against a person in compensation or job terms because of veteran or military status, while preserving narrow exceptions for lawful veteran preference programs. The CRD’s employment protections page confirms that this coverage applies to hiring decisions, discharge, compensation, and the day-to-day terms of a job, which means the protection follows you through the entire employment relationship, not just at the hiring stage.
USERRA operates at the federal level and focuses heavily on reemployment rights for those who serve. USERRA prohibits denying initial employment, reemployment, retention, promotion, or any employment benefit because of a person’s past, present, or future military service. It also includes the escalator principle, under which a returning servicemember is generally entitled to the job position they would have attained with reasonable certainty if continuously employed, or a comparable position, along with seniority-based benefits.
One or both of these protections may apply depending on the type of harm you experienced: FEHA tends to govern claims about discriminatory treatment and workplace conditions in California, while USERRA governs the mechanics of military leave and reemployment, according to DOL/VETS.
The practical difference shows up in the facts of your situation:
- FEHA generally applies when discrimination touches pay, promotion, discipline, or termination tied to veteran status.
- USERRA generally applies when the dispute involves military leave, reemployment after service, denial of benefits tied to service, or retaliation for exercising USERRA rights.
- Many fact patterns, such as a termination that follows military leave, can implicate both laws at once.
Because the two systems address different aspects of the employment relationship, an El Monte employee does not have to choose only one framework before gathering facts. The overlap is often where the strongest claims are built.
When conduct crosses the line into unlawful discrimination
Not every uncomfortable comment or awkward conversation about military service rises to the level of unlawful discrimination. FEHA and USERRA use legal standards that look closely at the employer’s reason for the decision, the timing of events, and the available evidence.
Under FEHA, an employee generally must show that veteran or military status was a substantial motivating reason for an adverse employment action. Under USERRA, the employee generally must show that military service or protected USERRA activity was a motivating factor in the adverse action. Once that showing is made, the employer may argue that it would have made the same decision even without considering the protected status or activity. The USERRA Pocket Guide explains that this defense depends heavily on timing and documentation, which is why contemporaneous records often carry more weight than a manager’s after-the-fact explanation.
California courts recognize that FEHA liability may exist when discrimination was a substantial motivating factor, even if the employer also had other reasons for the decision. In Harris v. City of Santa Monica, the California Supreme Court held that a same-decision showing may limit remedies but does not necessarily eliminate liability. USERRA cases similarly examine whether military service was a motivating factor, including timing, inconsistent explanations, hostility toward military leave, or different treatment of comparable employees.
California law also extends protection beyond employees who are actual veterans. FEHA also protects people who are perceived to have a protected status or who are associated with someone who has, or is perceived to have, a protected status.
Fact patterns that commonly raise concerns include:
- A hiring decision that changes after a candidate mentions military service on an application.
- A termination or demotion that follows a request for military leave.
- Harassment or derogatory comments connected to a person’s veteran or military status, especially if severe, pervasive, or tied to employment decisions.
- Negative performance reviews that appear shortly after a disclosure of service obligations.
Pro Tip: Lawful veteran preference programs, legally required reporting, and legitimate job-related inquiries may be different from discriminatory conduct. Keep notes about exactly what was said and when, so an investigator can tell the two apart.
Evidence to collect and how to organize it
Strong documentation can help support a discrimination claim, but the legal strength of a claim depends on the full facts and applicable law. Before contacting an agency or an attorney, gathering the right records in an organized way can make the intake process smoother.
- Collect written communications, including emails, text messages, and internal memos that reference your military service or veteran status.
- Save performance reviews, especially any that changed noticeably after your status became known to your employer.
- Keep termination letters, written reprimands, and any formal notices tied to the adverse action.
- Preserve military orders, leave requests, and any paperwork showing dates of service or deployment.
- Note the names of coworkers who witnessed relevant conversations or treatment, and preserve contact information only if you already have it lawfully and appropriately.
- Build a simple chronology that lists each event by date, from the first sign of trouble through the final action taken.
Organizing these records into labeled folders by category, such as communications, performance records, and military documentation, helps an investigator move through your intake more efficiently. Where personal information about coworkers appears in documents, avoid sharing sensitive information that is not relevant to the claim unless a lawyer or agency asks for it.
Pro Tip: Timing matters as much as content. A record created the same week an incident happened generally carries more weight than a recollection written months later.
Well-organized, contemporaneous evidence may help an investigator or attorney assess whether the facts support a claim. Gaps in the timeline can make a claim harder to evaluate, so it helps to identify missing dates or documents early.
Remedies and timing you should understand
What relief might be available, and how much time do you have to act? Both questions depend heavily on the specific facts of your case, but general patterns exist under each law.
Under FEHA, potential remedies may include hiring, reinstatement, back pay, emotional distress damages, and attorney’s fees, depending on the facts and procedural posture. Under USERRA, remedies generally focus on restoring the employment relationship, including reinstatement, lost wages, lost benefits, and seniority rights where available.
Remedies commonly discussed in these frameworks include:
- Back pay for wages lost because of the discriminatory or retaliatory action.
- Reinstatement or front pay when returning to the position is not practical.
- Emotional distress damages in appropriate FEHA cases.
- Attorney’s fees and costs, which may be available depending on the statute, claim, and outcome.
Deadlines vary by claim type, and this is an area where facts change outcomes. FEHA claims generally require filing an administrative complaint with the CRD and obtaining a right-to-sue notice before a civil lawsuit can proceed. USERRA generally does not require exhaustion of an administrative process before filing suit, although many employees first contact DOL/VETS because the agency can investigate and attempt resolution. Because deadlines and prerequisites differ by claim type and by the specific facts involved, this summary is educational only and should not be treated as a substitute for case-specific guidance.
How to start the filing process
Once you have a sense of which law may apply, the next step is understanding where to bring your claim and what each agency’s process generally looks like.
- Review the CRD’s complaint intake process, which asks for basic details about your employer, the dates of the alleged discrimination, and a description of what happened.
- Submit your complaint through the CRD’s intake system, which the agency uses to determine whether to investigate, mediate, or issue a right-to-sue notice.
- For USERRA-specific concerns, such as reemployment after service or retaliation for taking military leave, contact DOL/VETS, which can investigate and seek relief that may include lost wages, benefits, or reinstatement.
- Consider whether your situation touches both frameworks. A termination following military leave may raise both FEHA and USERRA issues, and the appropriate filing strategy depends on the facts, deadlines, and available remedies.
Both the CRD and DOL/VETS provide intake processes that individuals may access without legal representation, although legal advice can help identify claims, deadlines, and remedies.
Our perspective on assessing veteran status discrimination claims
We represent California employees across practice areas that include discrimination, retaliation, and wrongful termination, and veteran status cases often share a common thread: the strongest claims are usually built on timing, documentation, comparators, and witness evidence rather than impressions alone.
When we review a potential veteran status claim, we look closely at a few consistent factors:
- The sequence of events, particularly how closely an adverse action followed a disclosure of military status or a request for leave.
- The documentation available, including performance records before and after the status became known.
- The remedies that may realistically apply given the facts, since not every situation supports the same type of relief.
- Whether the facts point toward FEHA, USERRA, or both, since the right starting point depends on the specific conduct involved.
- Whether California military leave laws may provide additional or more protective rights in the specific situation.
Every case is fact-specific, and outcomes depend on the evidence, applicable law, and procedural posture. A consultation may help El Monte employees understand possible next steps. Consultations may be available for El Monte employees who want a factual review of their situation before deciding on next steps.
— California United Law Group
Contact California United Law Group for an El Monte case evaluation
If you believe you experienced discrimination tied to military or veteran status while working in El Monte, you can request a consultation to review the facts of your situation before deciding how to proceed. In many employment matters, contingency-fee arrangements may be available, meaning attorney’s fees are paid from a settlement or award rather than upfront hourly fees; fee arrangements depend on the case and written agreement.
Before reaching out, it helps to gather a few basic items:
- Any written communications referencing your military or veteran status.
- Performance reviews or disciplinary records from before and after the status became known to your employer.
- Military orders or leave paperwork tied to your service.
- A simple timeline of events, including dates and names of anyone who witnessed relevant conversations.
You can reach the firm through the contact page to request a consultation, or review the employment law practice page for more on discrimination and retaliation cases. If your situation also involves unpaid wages or overtime, our wage and hour practice covers those claims as well.
This article provides general information only and does not create an attorney-client relationship or substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
Courts have recognized several important principles in veteran and military status cases. In Harris v. City of Santa Monica, the California Supreme Court explained that FEHA discrimination must be a substantial motivating factor in an employment decision. In Wallace v. City of San Diego, the Ninth Circuit recognized that USERRA protects employees from adverse action where military service is a motivating factor. In Staub v. Proctor Hospital, the U.S. Supreme Court held that an employer may be liable where a biased supervisor’s actions proximately cause an adverse employment decision.
FAQ
Can you deny a job because of military service?
Generally, an employer may not refuse to hire someone because of veteran or military status. FEHA protects applicants and employees from discrimination based on veteran or military status, and USERRA separately protects against denial of employment based on military service. Lawful veteran preference programs may operate differently from discriminatory hiring decisions.
What are the different types of discrimination?
California law recognizes discrimination based on protected characteristics including race, sex, gender, age, disability, religion, national origin, ancestry, sexual orientation, gender identity, marital status, medical condition, genetic information, reproductive health decisionmaking, and veteran or military status, among others. Discrimination can take the form of denial of hire, unequal pay, harassment, demotion, or termination connected to a protected characteristic.
Does the EEOC handle discrimination?
The federal Equal Employment Opportunity Commission handles certain federal discrimination claims, while California employees may also file with the Civil Rights Department for FEHA claims. Veteran or military status issues involving reemployment, military leave, or USERRA retaliation are commonly handled through DOL/VETS or federal court, depending on the path chosen.
What is a protected veteran in a job application?
In this context, protected veteran or military status generally refers to a person whose service-related status is protected from discrimination in hiring and employment decisions under laws such as FEHA, USERRA, or related federal contractor rules. Employers may ask about veteran status for legitimate purposes, such as applying a lawful veteran preference, but cannot use that information to discriminate against an applicant, as explained in CRD guidance.
How does military leave affect reemployment rights?
Under USERRA, a returning servicemember who satisfies the statute’s requirements is generally entitled to prompt reemployment in the position they would have attained with reasonable certainty if continuously employed, or a comparable position, with appropriate seniority and benefits.
Sources
- Employment | California Civil Rights Department (CRD)
- About USERRA | U.S. Department of Labor, Veterans’ Employment and Training Service
- California Government Code §12940 — Unlawful practices
