Workplace discrimination can affect a person’s income, advancement potential, professional reputation, and personal well-being. California’s workplace discrimination laws can be complex, but they also offer significant protections for individuals who may experience harassment, retaliation, or other forms of discrimination. Learn about workplace discrimination laws in California, common examples of discrimination, and when to contact The Law Offices of Jacob Emrani for help with your claim.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employer or another individual or agency in a position of power treats employees or job applicants less favorably based on protected characteristics. California has some of the strictest civil laws compared to other states, and it’s illegal for parties to discriminate against individuals due to actual or perceived protected traits, rather than skills or merits.
The State of California Civil Rights Department (CRD) enforces discrimination in the workplace laws. Under the Fair Employment and Housing Act (FEHA), employers with five or more employees have certain obligations, such as taking reasonable measures to prevent harassment, providing training to employees, and accommodating employees or job applicants.
Protected Classes Under California Law
California law protects employees and job applicants from illegal discrimination based on actual or perceived characteristics, including:
- Race or skin color
- Ancestry or national origin
- Age
- Mental or physical disability
- Sex and gender, including pregnancy, childbirth, and related medical conditions
- Sexual orientation
- Gender identity and expression
- Medical condition
- Marital status
- Military or veteran status
- Reproductive health decision-making
Common Examples of Discrimination
Discrimination can take several forms, and the specific facts of each case determine whether an employer’s conduct violates California law. Unlawful discrimination may occur during the hiring process, throughout employment, or when an employee leaves a company. Some forms of discrimination involve a single decision or incident, while others occur over repeated patterns of unequal treatment, hostility, or policies that disproportionately affect protected groups. Common examples of workplace discrimination include the following.
Hiring
Discrimination can start as early as job descriptions, screening, or job interviews. A company may refuse to consider a qualified applicant, discourage certain individuals from applying, or use screening practices that unfairly exclude or target people because of a protected characteristic. Hiring discrimination can also present as inappropriate interview questions, recruiting methods, or irrelevant physical requirements.
Unequal Pay
Employees with the same titles or responsibilities may receive different wages, bonuses, commissions, benefits, or other compensation due to differences in personal traits. Different job titles also don’t automatically justify a difference in pay.
Promotions
Employers or managers may pass over a qualified employee for a role, while less-qualified employees without protected characteristics are consistently chosen. These actions limit professional growth and create unfair workplace environments.
Unfair Treatment or Standards
Workplace policies and performance expectations should be consistent across individuals and roles. In some cases, an employee receives harsher discipline or stricter performance standards based on protected characteristics than others. Unequal treatment may involve attendance policies, productivity expectations, dress codes, or other workplace rules.
Wrongful Termination
In wrongful termination workplace discrimination cases, employers may terminate workers based on retaliation, unfair standards, or refusal to accommodate. For example, firing someone for taking maternity leave is a form of workplace discrimination on the basis of sex.
Failure to Accommodate
Some employees or job applicants require accommodations to complete tasks or work safely. Employers who ignore requests or refuse reasonable solutions for accommodation needs may violate California employment laws.
Harassment
Harassment refers to a range of behaviors that create a hostile or intimidating work environment, such as offensive comments, slurs, ridicule, images, or threats. Workplace harassment can also be indirect, such as making inappropriate jokes or remarks about a protected characteristic that impact the broader environment.
Retaliation
Employees have the right to report discrimination and request accommodations without fear of punishment. Some employers respond by reducing hours, changing assignments, denying opportunities, imposing questionable discipline, or ending employment altogether.
How To Prove a Claim
To prove a workplace discrimination claim, an employee generally must show that an employer or supervisor acted against them on the basis of a protected characteristic. To properly support their claim, the employee should be able to identify their protected characteristic and demonstrate the link between the characteristic, the workplace conduct, and the consequences.
If the employing company has a workplace discrimination policy, individuals should follow its procedures, document complaints, and, if possible, keep records of any discrimination or complaints.
Evidence used to prove a workplace discrimination claim may include:
- Job postings and applications
- Employment agreements
- Performance reviews
- Disciplinary notices
- Emails, messages, and workplace chat records
- Pay statements
- Audio recordings, videos, or photos
- Schedules
- Accommodation requests and employer responses
- Written complaints and investigation records
- Witness accounts
- Documentation with statements and dates
An individual pursuing a claim under California law generally must file a workplace discrimination complaint with the CRD within three years of the last discriminatory act. Once CRD issues a Right-to-Sue notice, the individual has one year to file a lawsuit. Missing filing deadlines, failing to document complaints or communications, or signing a severance agreement without reviewing its release terms may make a claim harder to pursue.
When To Contact a Lawyer
The right time to contact an employment lawyer depends on the circumstances of the workplace discrimination in California. Employment laws are complex, and legal support protects employees’ rights in California after a denied accommodation, a discriminatory comment, a demotion, or other actions that create a hostile workplace or affect the ability to work.
The employment lawyers at The Law Offices of Jacob Emrani can review the employer’s explanation, identify potentially liable parties, organize and preserve evidence, and determine how California laws apply. Our attorneys can help prepare an internal complaint, review a severance agreement, and assist with filing a complaint with the CRD.
If a claim proceeds, our lawyers can review the evidence and assess potential damages. We’ll calculate the claim’s strength and value to help obtain fair compensation for damages such as:
- Reduced earning capacity
- Lost wages
- Past and future medical expenses
- Emotional distress and mental health challenges
- Pain and suffering
- Physical harm
Contact an Employment Discrimination Attorney at The Law Offices of Jacob Emrani
Workplace discrimination can disrupt your income and career plans. An employment lawyer can assess the evidence, facilitate filing, and pursue compensation or other remedies available under California discrimination laws. Contact The Law Offices of Jacob Emrani to discuss your circumstances and learn how the legal team can protect your rights under California law.