One would assume that workplace discrimination would be a relic of the past in California, given its progressive stance and robust anti-discrimination legislation. However, discrimination remains a harsh reality for workers in various industries. Whether you were denied a promotion due to your race, harassed because of your gender identity, or terminated after disclosing a disability, such workplace injustice is not only unacceptable but also unlawful.

The Fair Employment and Housing Act (FEHA) of California provides one of the most comprehensive protections in the country. Discrimination based on such protected characteristics as race, religion, disability, gender, and age is also prohibited by federal laws such as Title VII, the ADA, and the ADEA.

However, knowing your rights and how to assert them is confusing. At Stop Unpaid Wages, we will assist you in understanding what constitutes workplace discrimination and what to do about it.

The Meaning of Employment Discrimination

Employment discrimination occurs when your employer discriminates against you based on a protected characteristic, such as your race, age, gender, religion, or disability, instead of your talent, experience, or performance at work. This kind of treatment is unlawful under California's Fair Employment and Housing Act (FEHA) and federal laws such as Title VII, whether overt or covert.

Employment discrimination manifests in two broad ways:

1. Disparate treatment—Disparate treatment occurs when you are singled out intentionally due to a protected trait. For example, a manager denying you a promotion because you are pregnant constitutes unlawful disparate treatment.

2. Disparate impact—Disparate impact is more oblique. It is a workplace policy or practice that appears neutral but has a disparate impact on a particular group. For example, a company policy denying part-time employees benefits may impact women, who are statistically a high percentage of part-time workers.

Discrimination can occur at any point in employment: during the hiring process, job assignments, promotions, demotions, terminations, salary determination, training opportunities, and even performance appraisals. It does not have to be a big, career-changing move; something as subtle as being consistently left out of meetings or not being mentored to the same extent as your colleagues may be an indication that there is a more serious problem.

Discrimination also occurs through harassment, which causes a hostile work environment. If you are continually subjected to slurs, derogatory jokes, or other offensive statements related to your identity, and your employer fails to address them, that is a grave legal infringement.

Protected or Covered Employees in California

California's employment discrimination laws offer some of the nation's broadest protections, extending coverage beyond full-time employees. In most cases, the Fair Employment and Housing Act (FEHA) safeguards job applicants, part-time employees, temporary employees, unpaid interns, and volunteers. If you are working for someone, even informally, it is highly probable you are covered.

FEHA covers private employers of five or more people and state and local government agencies, labor organizations, and employment agencies. This broad scope implies that even smaller firms cannot use their size as an excuse to treat others illegally. FEHA and other special laws, such as the California Whistleblower Protection Act, also protect employees in the public sector.

It is also necessary to know that under FEHA, supervisors, managers, and company agents are individually liable for harassment. Although the employer is the target in most discrimination cases, harassers with power are not exempt.

California courts also look beyond mere job titles. Many individuals are misclassified by employers as independent contractors, even though they should legally be considered employees. This misclassification often deprives workers of fundamental legal protections. For instance, if you are called a freelancer but your employer dictates your hours, equipment, and work, you may be legally considered an employee and thus entitled to anti-discrimination protection.

Protected Characteristics Under California and Federal Law

California and federal laws prevent employers from mistreating you due to who you are. These laws safeguard many personal attributes, or in legal terms, the protected characteristics, which employers are not allowed to use to make decisions about employment, termination, compensation, promotions, or other employment terms.

Title VII of the Civil Rights Act of 1964prohibits discrimination based on race, color, national origin, religion, and sex. This includes sexual orientation and gender identity, following recent interpretations by the U.S. Supreme Court. Other federal laws provide additional protections:

1. The Age Discrimination in Employment Act (ADEA) covers workers who are 40 years old and above.

2. The Americans with Disabilities Act (ADA) addresses people with physical or mental impairments who are restricted in their daily activities.

However, California law under the Fair Employment and Housing Act (FEHA) extends even further. In addition to all federally protected classes, FEHA also prohibits discrimination based on:

• Ancestry

• Gender expression

• Pregnancy, childbirth, or other related medical conditions

• Genetic information

• Marital status

• Military and veteran status

FEHA also mandates reasonable accommodation of religious beliefs and practices, such as flexible work schedules, exceptions to dress codes, or time off to observe religious holidays, unless the employer can demonstrate undue hardship.

California is the first state to extend protection. For example, the CROWN Act (Create a Respectful and Open Workplace for Natural Hair), enacted in 2019, prohibits discrimination based on race-related hairstyles (braids, locs, twists, and afros). This implies that your employer cannot implement grooming regulations that discriminate against Black employees or any other person who wears natural or cultural hairstyles.

You are covered by FEHA even when your employer has fewer than five employees, whereas most federal laws require 15 or more. The law of California also makes people personally liable for harassment, especially when they are in supervisory positions.

Forms of Discrimination in the Workplace in California

Workplace discrimination is not always overt, but it is always unlawful. California's Fair Employment and Housing Act (FEHA) protects you against unfair treatment at all employment levels, from seeking a job to negotiating salary or simply performing your daily duties. The following are the most common forms of discrimination experienced by employees in California:

Firing and Hiring Discrimination

There are numerous legitimate reasons why you may be refused a job or dismissed, but not based on your race, gender, age, religion, or other protected status. As an example, when a qualified Latina candidate is repeatedly overlooked in favor of less-experienced white applicants, this may be a sign of discriminatory hiring. Likewise, when an older employee is forced out of the job and a younger employee takes their place, it can indicate age discrimination as per the ADEA and FEHA.

Unequal Pay and Promotion Barriers

The California Equal Pay Act prohibits wage differences between employees of different sexes, races, or ethnicities who perform substantially similar work. If you are underpaid compared to a colleague of a different gender or race doing the same job, it is illegal. Discrimination can also manifest in promotion barriers. You may be overlooked for leadership positions not due to a lack of merit, but because of implicit bias or stereotyping. For instance, a mother returning from maternity leave might find her career trajectory stalled while less qualified colleagues advance.

Harassment and Hostile Work Environments

Discrimination does not only apply to employment or compensation. Continuous harassment, such as offensive jokes, slurs, or unwanted advances, may form an unlawful hostile work environment. You don't need to be the immediate victim to have a claim; you can also have a claim by witnessing repeated harassment that impacts your working capacity. California law makes not only the employer liable but also individual harassers.

Punishment for Reporting Discrimination

It is your right to speak up. Your employer cannot demote you, reduce your hours, or make you work in a hostile environment because you reported discriminatory treatment or took part in an investigation. All these are retaliatory acts, and both FEHA and federal law prohibit them, even when the initial allegation of discrimination is not established.

Failure to Reasonably Accommodate Disability or Religion

Your employer must make reasonable accommodations to your disability, including a change in duties, a flexible schedule, or assistive equipment, unless this would impose an undue hardship. This is also the case with religious practices. Not allowing you to observe the Sabbath or refusing to grant prayer breaks may lead to a discrimination claim.

Constructive Discharge

Sometimes, the discrimination is unbearable to the extent that you must quit. When you find your working environment unbearable because of the continued harassment or retaliation, and your employer fails to correct the situation, you may have undergone constructive discharge, which is considered wrongful termination.

Identifying Discrimination in the Workplace

Discrimination at work does not always take the form of shouting. It is usually camouflaged in polite words, inconsistent policies, or seemingly small decisions. However, the fact that it is subtle does not make it legal or even harmless. Early identification of the signs can enable you to act before things get out of control.

Exclusion and Inequalities in Treatment

Are you excluded from meetings, training, or informal networking events? One of the first red flags is exclusion based on race, gender, age, or other protected characteristics. You may also feel that you are micromanaged worse than others or treated with different standards, even though you share similar roles and responsibilities. When your work is criticized and the mistakes of others are ignored, it may be a sign that you are being treated unequally based on bias.

Language and Evaluation Red Flags

It is not always what is said but how it is said. Be aware of coded language in performance reviews, such as not a culture fit or lacking leadership presence, particularly when no objective measures are used to justify such statements. Supervisors may also make casual remarks that may be stereotypical or assumptions, such as doubting your dedication due to your age, religion, or family status. Such patterns are essential.

Coded Behavior and Anonymous Complaints

You may overhear rumors of anonymous complaints or sense that colleagues are becoming remote. Discrimination may be indicated by office gossip, unexpected treatment change, or ambiguous criticism. Look out for behavioral changes following the revelation of a guarded secret like disability, pregnancy, or sexual orientation.

Retaliation After Speaking Up

You complained about harassment or unfair treatment, and it feels even worse. Perhaps your workload was reduced, your responsibilities altered, or your performance was now in question. It is not only unfair. According to California and federal law, it can be retaliation, which is unlawful. A toxic, targeted environment can be formed even by small changes.

What You Need to Prove Discrimination

It is not always easy to prove a case of discrimination in the workplace, but it can certainly be done when there is the proper evidence. It is essential to know what can be considered evidence, whether you are about to file a complaint or develop a legal case.

Direct Evidence

The most effective is direct evidence. Consider an email containing a racial slur, a manager saying you were not promoted due to your age, or a performance review that comments on your accent or appearance. Such statements are intentional and can be a game-changer in a legal claim. However, this evidence is uncommon because most employers know they should not be so direct.

Indirect or Circumstantial Evidence

Most discrimination cases rely on indirect evidence, including patterns of behavior. For instance, being consistently overlooked for promotions while less qualified colleagues advance, or noticing a change in treatment after disclosing a disability. If you are the only woman in your department and the only one micromanaged, such comparative evidence can expose bias by showing how others in comparable positions are treated differently.

Documentation Goes a Long Way

Always keep thorough records. Document dates, times, individuals involved, what occurred, and what was said. Identify and note any witnesses. Save all written communications, such as emails, text messages, and memos, on personal devices, not work gadgets. This paper trail establishes a clear chronology and provides credibility, especially if your employer attempts to deny the discrimination.

Watch for Changes in Performance Reviews or Job Duties

After complaining to HR, did you get demoted or placed on a performance improvement plan? Did your rave reviews become negative in a day? Such changes can help prove your case, particularly when they occur after you take some protected measures, such as seeking accommodations or complaining about harassment.

Third-Party or HR Records

When coworkers have made similar complaints or HR has documentation, it reinforces your experience. A tip by an anonymous person, previous disciplinary measures against the harasser, or a report by an outside agency all strengthen your allegation.

What to Do in Case of Discrimination

If you are experiencing workplace discrimination, do not ignore it. You have legal rights, and taking proactive steps to defend yourself is crucial. The sooner you act, the stronger your position will be

Begin with Documenting All Things

Document all incidents well. Write the date, time, place, what was said or done, and who was involved. Record any witnesses. Save emails, text messages, memos, and anything that can help you in your experience. Documentation reminds you and makes a timeline that is hard to ignore.

Report the Conduct In-House

Report the discrimination to your supervisor or HR department before acting outside. Follow the company complaint procedure, if it exists. Be straightforward and business-like in your communication. Describe what occurred, how it impacted you, and what you want resolved. Your report establishes a formal record of your complaint, even if the management does nothing about it.

Ask to be Accommodated, When Necessary

If you are discriminated against based on a disability or religious belief, you are entitled to seek reasonable accommodations. Write your request. The employer is obliged to participate in a good-faith interactive process, and refusal to do so without any legitimate reason might be an additional argument in your favor.

File a Complaint with the CRD or EEOC

You may file an external complaint if internal efforts fail or retaliation occurs. You can do so with California's Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). You are not required to file with both; either agency may cross-file your claim as appropriate. Generally, CRD claims must be filed within three years, while EEOC claims have a 180-300 day deadline, depending on the specifics of your case.

Expect Retaliation

When you report, and your employer reduces your hours, demotes you, or makes your workplace hostile, that is retaliation. The California law is on your side. Retaliation can be a strong part of your discrimination case, particularly when it comes shortly after your complaint or request for accommodation.

California Discrimination Complaint Filing

The first official action you can take to make your employer responsible is filing a complaint. Depending on your case, you may go through the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). Still, these two agencies defend similar rights, and they frequently collaborate.

Selecting the Proper Agency, whether CRD or EEOC

If the discrimination occurred in California and the state laws, such as the Fair Employment and Housing Act (FEHA), were broken, submit the CRD. You may file with the EEOC if your case is covered by federal protection, such as Title VII or the Americans with Disabilities Act. You are not required to file with both- when you file with one, it automatically cross-files with the other, where appropriate.

Filing Process Step by Step

The CRD has an online intake system that is easy to navigate and even a mobile application that can help you through the process. You will begin with a pre-complaint inquiry. After the review, an intake officer can call you to obtain additional information. If the CRD accepts your complaint, they will draw it up to be signed by you and then serve it to your employer.

EEOC also provides an online public portal to start an intake process, schedule an interview, and monitor your case.

Mediation, Investigation, or Right to Sue

Once the complaint is filed, the agency may offer voluntary mediation to help both parties resolve the issue. The agency will launch a formal investigation if mediation fails or is refused. They may then attempt to settle the case or file a lawsuit on your behalf if they find evidence of discrimination.

You may request a Right to Sue letter and go to court instead of the investigation. By using this letter, you can sue your employer yourself.

Obey Deadlines

Under California law, you generally must file with the CRD within three years of the discriminatory act. For EEOC cases, the statute of limitations is typically 180 days, extended to 300 days if a state or local agency (like the CRD) also enforces anti-discrimination law. These deadlines are strict, and missing them can jeopardize your case.

When to Go to Court

Sometimes, the agency process will not deliver the results you deserve. You can file a lawsuit when your claim is denied or not settled. This path is more complicated but provides an opportunity to discover, test, and receive compensation. Consult an employment lawyer before this choice.

What Damages Can You Recover in a Discrimination Claim?

If you have been a victim of workplace discrimination in California, the law not only allows you to feel vindicated morally, but you might also be entitled to monetary compensation and other significant remedies. The amount you may recover depends on the facts of your case, the injury you have sustained, and whether your employer acted with malice or reckless indifference to your rights.

Back Pay and Lost Benefits

Back pay is one of the most popular solutions. This will be the wages you lost due to the discrimination, either through wrongful termination, demotion, or not being promoted. You can also recover lost benefits such as health coverage, retirement contributions, or bonuses you would have received if the act of discrimination had not occurred.

Emotional Distress and Reputational Harm

Discrimination is not only harmful to your pocket, but it can also be emotionally traumatizing. California courts award emotional distress damages, which pay you back for anxiety, depression, humiliation, or harm to your professional reputation. These losses can be significant if you prove that the discrimination interfered with your personal life or mental well-being.

Punitive Damages

If your employer's actions were particularly outrageous, e.g., deliberate discrimination, cover-up, or retaliation, you might also be entitled to punitive damages. These are meant to penalize the employer and to make a statement to others. Although infrequent, punitive damages may be much larger than compensatory damages when outrageous conduct occurs.

Promotion or Reinstatement

In some cases, you may ask the court to order your reinstatement to your former job or promotion to the position you were unjustly denied. While not always feasible, these remedies can be highly effective in restoring your career path.

Legal Costs and Attorney Fees

California law also entitles you to recover your attorney fees and costs if you win. This essential provision allows you access to justice even when you cannot afford to hire a lawyer in advance.

Real-World Settlements

The settlements on discrimination depend on the facts. To illustrate, the average settlement of disability discrimination cases in California ranges between $75,000 and $500,000, depending on the lost wages, emotional distress, and employer conduct. Similar ranges can be obtained in race, gender, or age-based discrimination claims, particularly when there are documented retaliation or hostile work environments.

Find a California Employment Discrimination Lawyer Near Me

Workplace discrimination is against the law. So, if you are harassed due to your race, gender, disability, age, religion, or any other protected characteristic, both California and federal laws protect you. These rights are available to every employee regardless of their job title, pay, or length of employment.

A skilled California employment discrimination lawyer can explain your legal rights, gather compelling evidence, and pursue justice. A lawyer can act on your behalf whether you file a complaint with the Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC), or seek a settlement or a lawsuit.

You can initiate a complaint through the CRD's online portal, file with the EEOC, or directly consult with a legal professional. Contact Stop Unpaid Wages in California today at 424-781-8411 for a free consultation with an employment lawyer.