Workplace Discrimination

Facing Unfair Treatment?

Discrimination at work can leave you feeling isolated, anxious, and unsure of what to do next. California law strongly protects employees from being treated unfairly because of personal characteristics like race, age, gender, disability, religion, or sexual orientation. If you believe you have been discriminated against at work, you are not alone. Many workers across California face similar challenges, but you have legal rights and options.

If your situation involves other employment issues such as wrongful termination or hostile work environment, it’s important to understand how these problems can overlap. Attain Law’s attorneys are here to help you navigate these complex situations with care and determination.

What Counts as Discrimination?

Workplace discrimination happens when an employer treats an employee or job applicant less favorably because of a protected characteristic. In California, these characteristics include:

• Race or color
• National origin or ancestry
• Sex, gender, pregnancy, or gender identity
• Sexual orientation
• Religion or creed
• Disability (physical or mental)
• Age (over 40)
• Marital status, military status, genetic information, and more

Discrimination can involve hiring, firing, pay, promotions, job assignments, or other work conditions. Sometimes, discrimination can show up as retaliation after you report a concern or request a workplace change.

Key California and Federal Laws

California is known for having some of the country’s strongest worker protections. The main state law is the Fair Employment and Housing Act (FEHA), which applies to employers with five or more employees. FEHA protects against discrimination, requires employers to prevent harassment, and obligates them to take prompt action if a complaint is made.

Federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) also protect workers. However, California’s FEHA often covers more situations and more types of discrimination than federal law.

If you’re dealing with a disability rights issue or need to learn more about wage and hour disputes that may be tied to discrimination, knowing these laws is key to protecting yourself.

What Employers Must Do

California employers are required to:

• Provide a workplace free from discrimination and harassment
• Respond promptly and thoroughly to complaints
• Make reasonable accommodations for disabilities or religious practices
• Not retaliate against workers who raise concerns in good faith

Employers must have written policies about discrimination and train supervisors to recognize and prevent it. They are also expected to take proactive steps to address problems before they escalate.

Steps You Can Take

If you’ve experienced discrimination, you can take these steps:

1. Document everything: Keep records of incidents—dates, times, what was said or done, and who was involved.
2. Review company policies: Many employers have procedures for reporting discrimination. Follow these steps and keep copies of any communications.
3. File a complaint: You can file a complaint with the California Civil Rights Department (CRD, formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
4. Consult an attorney: An employment lawyer can help you understand your rights, gather evidence, and decide on the best course of action.

If you’re unsure whether your situation counts as discrimination, our guide on types of workplace discrimination and your rights can help clarify your options.

Damages You May Recover

Workers who prove discrimination in California may be eligible for:

• Back pay (wages and benefits lost)
• Reinstatement or promotion
• Emotional distress damages
• Changes to workplace policies or practices
• Attorney’s fees and costs

The exact compensation depends on your unique situation. In some cases, there may be limits on the amount you can recover, especially under federal law. Learn more about common damages in wrongful termination lawsuits for context on what courts may award in employment cases.

Frequently Asked Questions about Workplace Discrimination in California

What types of discrimination are illegal at work in California? California law bans discrimination at work based on race, color, religion, sex, gender identity, sexual orientation, national origin, ancestry, disability, age, marital status, and other protected characteristics.

How do I prove workplace discrimination? Proof often involves showing a pattern of unfair treatment, documentation of incidents, and evidence that others were treated differently under similar circumstances. Keeping detailed records is very helpful.

What is the deadline to file a workplace discrimination claim in California? You generally have three years from the date of the discrimination to file a complaint with the California Civil Rights Department. Deadlines may be shorter for federal claims.

Can I be fired for reporting discrimination? It is illegal for employers in California to fire or punish an employee for reporting discrimination or participating in an investigation. This is known as retaliation and is also against the law.

What should I do if my employer does not respond to my complaint? If your employer does not act on your complaint, you can file with the California Civil Rights Department or consult an employment attorney to discuss legal action.

We're Here to Support You

No one should face discrimination at work. If you believe your rights have been violated, Attain Law is ready to help you understand your options and take action. For a confidential review, contact us today for a free consultation or call (888) 970-8627.

Attain Law, Los Angeles, CA | (888) 970-8627