California’s SB 403, the caste discrimination bill, would have made caste a specifically named protected characteristic under three of the state’s major civil rights laws. It passed both chambers of the Legislature in 2023 but was vetoed by Governor Gavin Newsom on October 7 of that year.1Office of Governor Gavin Newsom. Senate Bill 403 Veto Message The veto message called the bill unnecessary because California already prohibits discrimination based on ancestry, and the governor took the position that ancestry covers caste. That interpretation now matters directly to anyone experiencing caste-based discrimination in the state: the legal path to a complaint and remedies is open under existing law, even though SB 403 never took effect.
What SB 403 Would Have Done
The bill, authored by Senator Aisha Wahab of Fremont, targeted three parts of California law: the Unruh Civil Rights Act in Civil Code Section 51, the Fair Employment and Housing Act in the Government Code, and the Education Code.2California Legislative Information. SB-403 Discrimination on the Basis of Ancestry In each statute, SB 403 would have defined “ancestry” to include caste and added a standalone definition of caste as a system of social stratification rooted in inherited status and lineage.
Practically, this would have barred employers from considering caste in recruitment, hiring, promotion, pay, or termination; prohibited landlords from denying rentals or sales based on caste; and required public and private schools to prevent caste-based bullying, harassment, and biased placement. Supporters argued the explicit language was needed because someone from the same country, religion, or ethnic group as their harasser can still face discrimination tied to family position in a social hierarchy, which traditional categories don’t always capture.
Why Governor Newsom Vetoed It
Newsom’s veto message was short. It said California’s civil rights laws already prohibit discrimination based on ancestry, that those protections “shall be liberally construed,” and that because caste-based discrimination is already prohibited under existing categories, a separate statute was unnecessary.1Office of Governor Gavin Newsom. Senate Bill 403 Veto Message
The veto did not dispute that caste discrimination happens. It said the legal tools to fight it already exist. That distinction matters: the governor’s office is now on record stating that ancestry, as used in the Unruh Civil Rights Act and the Fair Employment and Housing Act, encompasses caste. Complainants and their attorneys can point to that interpretation even without a standalone caste statute.
How Existing California Law Covers Caste
The Unruh Civil Rights Act lists ancestry among its protected characteristics and guarantees full and equal access to all business establishments.3California Legislative Information. California Civil Code CIV 51 – Unruh Civil Rights Act The Fair Employment and Housing Act does the same in employment and housing. Because the veto message explicitly placed caste within those existing ancestry protections, the California Civil Rights Department accepts and investigates caste complaints, with ancestry cited as the protected characteristic.
Some advocates argue that routing caste claims through the ancestry category creates extra hurdles for complainants who have to explain the dynamic to investigators and juries unfamiliar with it. The administrative and legal remedies, however, are the same ones available for any ancestry-based claim.
How to File a Caste Discrimination Complaint
If you believe you have experienced caste-based discrimination in California, you file through the Civil Rights Department. The first step is submitting an intake form online through the California Civil Rights System or by contacting CRD directly for an interview.4Civil Rights Department. Complaint Process You will need to describe what happened, name the person or organization you believe harmed you, and provide any supporting documents and witness contact information you have.
Deadlines are strict. For employment cases, you have three years from the date of the last discriminatory act to submit the intake form. For housing, public accommodations, and other non-employment matters, the deadline is one year.4Civil Rights Department. Complaint Process Miss these windows and you lose access to the CRD process.
After intake, a CRD representative evaluates whether the allegations can be accepted for investigation. If they are, CRD prepares a formal complaint for your signature and serves it on the other party. The department then investigates and may try conciliation or mediation before deciding whether there is reasonable cause to believe a violation occurred.4Civil Rights Department. Complaint Process
You can also skip the CRD investigation and file your own lawsuit, but for employment cases you must first obtain a Right-to-Sue notice from CRD before going to court.4Civil Rights Department. Complaint Process If CRD closes your case and you disagree with the outcome, you have ten calendar days from the date on the closure letter to appeal.
What You Can Recover
The Fair Employment and Housing Act provides a broad range of remedies, and these apply to caste-based ancestry claims the same way they apply to any other protected characteristic:
- Back pay for wages lost because of the discrimination, and front pay for future earnings you will miss.
- Emotional distress damages for the psychological harm.
- Punitive damages for especially egregious conduct by the employer or landlord.
- Attorney’s fees and costs if you prevail.
- Equitable relief such as court orders for hiring, reinstatement, promotion, policy changes, or training.
Unlike federal employment discrimination law, which caps compensatory and punitive damages based on employer size, FEHA does not impose a statutory cap on these damages.5Civil Rights Department. Employment Remedies A jury can award what it considers appropriate on the evidence.
State Law Versus Federal Law
No federal statute explicitly names caste as a protected characteristic, and no federal appellate court has definitively ruled on whether Title VII of the Civil Rights Act covers caste discrimination. A person facing caste discrimination at work can file a charge with the Equal Employment Opportunity Commission, which investigates claims based on race, national origin, religion, and other protected characteristics. The EEOC offers a free voluntary mediation program that typically takes three to four hours, and if both parties agree, a signed mediation agreement is enforceable in court.6U.S. Equal Employment Opportunity Commission. Mediation Federal anti-retaliation protections also apply to anyone who files a charge or participates in an investigation, as long as they had a reasonable belief that something in the workplace violated EEO laws.7U.S. Equal Employment Opportunity Commission. Retaliation
For Californians, the state route is stronger. FEHA covers employers with as few as five employees, carries uncapped damages, and gives you three years to file an employment claim. Most caste discrimination claims in California will land at the Civil Rights Department, and that is where SB 403’s defeat has the smallest practical effect: the complaint process, the protected category, and the remedies are already in place.