Types of Workplace Discrimination and Your Rights

Facing Discrimination at Work

Workplace discrimination is more than unfair—it’s also illegal in California. If you’ve felt singled out, overlooked, or mistreated because of who you are, you’re not alone. Every year, employees across California experience discrimination based on race, gender, disability, age, and more. Knowing your rights is the first step to protecting yourself and your future.

California’s employment laws are among the strongest in the country. They protect workers from unequal treatment and retaliation. If you’re wondering what counts as discrimination, or what you can do if it happens to you, this article will break it down—and show you where to get help.

Throughout this guide, you’ll find links to other helpful resources, such as hostile work environment claims and how to document discrimination at work. Our team at Attain Law is committed to helping Californians stand up for their rights.

What Is Workplace Discrimination?

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

• Race or ethnicity
• Gender, gender identity, or gender expression
• Sexual orientation
• Religion or creed
• Disability (physical or mental)
• Age (40 or older)
• Pregnancy or related medical conditions
• Marital status
• Military or veteran status

If you’ve been denied a job, promotion, fair pay, or have faced harassment because of any of these traits, you may have experienced unlawful discrimination. Learn more about what qualifies as a hostile work environment if you’re unsure about your situation.

State and Federal Protections

California has some of the most comprehensive anti-discrimination laws in the United States. Key laws include:

• Fair Employment and Housing Act (FEHA): This state law covers employers with five or more employees and prohibits discrimination based on the characteristics listed above.
• Title VII of the Civil Rights Act: A federal law that bans discrimination in workplaces with 15 or more employees.
• Americans with Disabilities Act (ADA): Protects employees with disabilities.
• California Equal Pay Act: Requires equal pay for substantially similar work, regardless of gender.

These laws work together to protect you from unfair actions, whether you’re applying for a job or already employed. For wage-specific concerns, see common wage and hour violations in California.

Protected Categories Explained

Understanding each protected category can help you recognize discrimination:

• Race/Ethnicity: Includes color, ancestry, and national origin.
• Gender: Covers both men and women, as well as transgender and non-binary workers.
• Sexual Orientation: Includes gay, lesbian, bisexual, and heterosexual employees.
• Disability: Both physical and mental disabilities are protected.
• Age: The law protects workers 40 and older from age-based discrimination.

For a closer look at disability protections, see our disability rights page.

Harassment vs. Discrimination

Harassment is a form of discrimination. It includes unwanted conduct—such as slurs, jokes, or intimidation—that creates a hostile work environment. Both harassment and discrimination are illegal under California law.

If you’re experiencing ongoing mistreatment, it may also fall under hostile work environment claims.

Examples of Workplace Discrimination

Discrimination can be subtle or obvious. Common examples include:

• Refusing to hire a qualified candidate because of their race
• Demoting or firing someone after they disclose a pregnancy
• Paying men and women differently for the same job
• Retaliating against an employee who reports discrimination
• Failing to provide reasonable accommodations for a disabled worker
• Denying promotions based on age

If any of these sound familiar, how to document discrimination at work can help you start building your case.

Employer Responsibilities

California employers must:

• Provide a workplace free from discrimination and harassment
• Respond promptly to complaints
• Engage in an interactive process to provide reasonable accommodations for disabilities
• Avoid retaliation against employees who make complaints

Employers who fail in these duties can be held accountable. Learn about employer obligations with how to request reasonable accommodations at work.

What To Do If You Face Discrimination

Taking action can feel overwhelming, but you have options:

1. Document What Happened: Keep detailed notes of incidents, dates, and any witnesses.
2. Review Company Policies: Your employer should have anti-discrimination policies and complaint procedures.
3. Report Internally: Notify your supervisor or HR in writing.
4. File a Complaint With the DFEH or EEOC: You can file a complaint with California’s Department of Fair Employment and Housing or the federal Equal Employment Opportunity Commission.
5. Contact an Attorney: A lawyer can guide you through the process and protect your rights.

See steps to file a workplace discrimination claim for a detailed action plan.

Possible Damages in Discrimination Cases

If you win a discrimination case, you may recover:

• Back pay (unpaid wages or benefits)
• Emotional distress damages
• Job reinstatement
• Changes in employer policies
• Legal fees and costs

Damages depend on your specific circumstances. For more on damages in employment cases, see common damages in wrongful termination lawsuits.

Retaliation Is Illegal

California law protects employees from retaliation for reporting discrimination, participating in investigations, or supporting coworkers’ complaints. If you experience negative job actions—like demotion, pay cuts, or termination—after reporting discrimination, you may have a separate retaliation claim. Learn more at legal protections against employer retaliation.

How Attain Law Can Help

At Attain Law, our attorneys focus on California employment law. We can:

• Review your case confidentially
• Help you document evidence
• Represent you in negotiations or litigation
• Guide you through the DFEH or EEOC process

We understand how stressful discrimination cases can be. Our employment law team can help you find a path forward and seek justice.

Resources and More Information

You may also want to explore:

• Hostile Work Environment in California
• How to Recover Unpaid Wages
• Common Violations of Disability Rights
• Workplace Discrimination: How to Document Discrimination at Work
• Steps to File a Workplace Discrimination Claim
• Your Rights Under Disability Discrimination Laws

Frequently Asked Questions About Workplace Discrimination in California

What types of discrimination are illegal in California workplaces? California law protects employees from discrimination based on race, gender, age (40+), disability, sexual orientation, religion, marital status, military status, and more.

What should I do if I experience workplace discrimination? Document the incidents, report the issue to your employer, and consider filing a complaint with the California Department of Fair Employment and Housing or the EEOC. Legal guidance can help you understand your options.

Can my employer retaliate against me for reporting discrimination? No. California law makes it illegal for employers to retaliate against employees who report discrimination, participate in investigations, or support a coworker’s complaint.

Is there a deadline for filing a discrimination claim in California? Yes. In most cases, you have three years from the date of the discriminatory act to file a complaint with the California Department of Fair Employment and Housing.

What damages can I recover in a workplace discrimination case? Possible damages include back pay, emotional distress damages, reinstatement, policy changes, and attorney’s fees, depending on your case.

Talk to Attain Law

If you believe you’re facing discrimination at work, you don’t have to handle it alone. Call Attain Law at (888) 970-8627 or contact us today for a free consultation. We’re here to support you through every step.