Discrimination - Brightwood Law Group, PC

Workplace Discrimination in California: Know Your Rights

Introduction: The Right to a Fair and Equal Workplace Opportunity

Every employee in California deserves to be treated with fairness and respect, and to have employment opportunities based on their skills and qualifications, not on personal characteristics unrelated to their ability to perform their job. Workplace discrimination occurs when an employer unfairly or prejudicially treats an employee or job applicant based on such legally protected characteristics. This is not only unethical but also illegal under strong California and federal laws.

At Brightwood Law Group, PC, we are staunch advocates for employees who have faced unlawful discrimination. This page provides an overview of workplace discrimination, the categories of individuals protected by law, the different forms discrimination can take, and the steps you can take if you believe your rights have been violated. Our commitment is to help you understand these protections and fight for the justice you deserve.

What is Workplace Discrimination? Understanding the Different Forms

Workplace discrimination can be subtle or overt, but its impact is always significant. It can occur in any aspect of the employment relationship, including:

Hiring and recruitment
Compensation and benefits
Job assignments and duties
Promotions and demotions
Training and development opportunities
Disciplinary actions
Layoffs and termination
Any other term or condition of employment.

Unlawful discrimination can manifest in several primary forms:

Disparate Treatment: This is often what people first think of as discrimination. It occurs when an employer intentionally singles out an individual or group for less favorable treatment specifically because of their protected characteristic (e.g., refusing to hire someone because of their disability, gender, age, race, or firing an employee because they became pregnant).
Disparate Impact (Adverse Impact): Sometimes, an employer may have a policy or practice that appears neutral on its face but has a disproportionately negative effect on members of a protected class. Even if the employer does not intend to discriminate, such policies can be illegal if they are not job-related and consistent with business necessity.
Harassment (as a form of discrimination): Unlawful harassment is a form of discrimination that involves unwelcome conduct based on a protected characteristic. When this conduct is severe or pervasive enough to create an intimidating, hostile, or offensive working environment, it is considered a hostile work environment. (For more detailed information, please see our pages on Hostile Work Environment and Sexual Harassment).

Protected Characteristics in California: Who is Shielded from Discrimination?

California’s Fair Employment and Housing Act (FEHA) provides one of the nation’s most comprehensive lists of protected characteristics. It is illegal for an employer to discriminate against an employee or job applicant based on any of the following:

Race, Color
Ancestry, National Origin (including language use restrictions)
Religion, Creed (including religious dress and grooming practices)
Age (40 and over)
Disability (mental and physical, including HIV/AIDS)
Medical Condition (cancer-related or genetic characteristics)
Genetic Information
Marital Status
Sex, Gender, Gender Identity, Gender Expression (including transgender status)
Pregnancy, Childbirth, Breastfeeding, or Related Medical Conditions
Sexual Orientation
Military or Veteran Status

If you believe you have been treated unfairly at work due to one or more of these characteristics, you may have experienced unlawful discrimination.

Key Anti-Discrimination Laws Protecting California Employees

Employees in California are protected by a robust framework of state and federal laws:

California Fair Employment and Housing Act (FEHA): This is California’s primary civil rights law covering employment discrimination, harassment, and retaliation. FEHA applies to most employers with five or more employees (and to all employers for harassment claims). It also requires employers to provide reasonable accommodations for employees with disabilities and for religious practices.
Title VII of the Civil Rights Act of 1964: This landmark federal law prohibits discrimination by employers with 15 or more employees on the basis of race, color, religion, sex, or national origin. It also prohibits retaliation.
Age Discrimination in Employment Act (ADEA): This federal law protects individuals who are 40 years of age or older from employment discrimination based on age. It applies to employers with 20 or more employees.
Americans with Disabilities Act (ADA): This federal law prohibits discrimination against qualified individuals with disabilities and requires employers with 15 or more employees to provide reasonable accommodations.

These laws work together to provide a broad shield against discriminatory practices in the workplace.

Common Examples of Workplace Discrimination

Discrimination can manifest in many ways. Some common examples include:

An employer consistently fails to interview or hire qualified applicants of a specific race or ethnic background.
Female employees are paid significantly less than their male counterparts for performing substantially similar work under similar conditions.
Older employees are disproportionately targeted for layoffs or are denied promotions in favor of younger, less experienced individuals.
An employer refuses to provide a reasonable accommodation (such as modified duties or assistive technology) to a qualified employee with a known disability.
An employee is demoted, denied opportunities, or terminated shortly after announcing her pregnancy or returning from maternity leave.
An employee is subjected to derogatory comments or unfair treatment based on their religious beliefs or sexual orientation.
A company’s seemingly neutral promotion policy results in very few women or minorities advancing to leadership positions.

What to Do If You Believe You Are Facing Workplace Discrimination

If you suspect you are a victim of workplace discrimination, it’s important to take careful steps:

Document Every Incident: Keep detailed, factual written records of any discriminatory actions, comments, policies, or treatment. Note dates, times, locations, the individuals involved, and any witnesses.
Review Your Company’s Policies: Check your employee handbook or company intranet for policies on anti-discrimination and procedures for making internal complaints.
Report the Discrimination Internally (If You Feel Safe and It’s Appropriate): Following your company’s procedures, consider reporting the discrimination to your supervisor (if they are not involved in the discrimination), Human Resources, or another designated company official. Keep copies of any written complaints and responses.
Preserve All Relevant Evidence: Save copies of your performance evaluations (especially if they show a history of good work before the discriminatory conduct began), emails, messages, and any other communications or documents that could support your claim.
Consult an Experienced Employment Attorney: Discrimination law is complex, and there are strict deadlines (statutes of limitations) for filing claims with administrative agencies like the California Department of Civil Rights (CRD) (formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC). Seeking legal advice from an attorney promptly is crucial to understand your rights and protect your ability to pursue a claim.

How Brightwood Law Group, PC Fights Against Workplace Discrimination

Brightwood Law Group, PC is steadfastly committed to promoting equality and achieving justice for employees who have been subjected to unlawful workplace discrimination. We understand the profound impact discrimination can have on your career, financial stability, and emotional well-being. Our approach includes:

Providing Confidential Consultations: We offer a safe and confidential environment to discuss your experiences and evaluate potential discrimination claims.
Advising You on Your Rights and Legal Options: We will clearly explain the laws that protect you and the avenues available for seeking redress.
Assisting with Administrative Claims: We can help you prepare and file a complaint with the California Department of Civil Rights or obtain a right to sue letter to file a complaint in court or arbitration.
Skilled Negotiation: We will diligently negotiate with your employer or their legal counsel to achieve a fair settlement that compensates you for the harm you’ve suffered.
Aggressive Litigation: When a just resolution cannot be reached through negotiation, our experienced attorneys are prepared to vigorously litigate your discrimination case in court.
Seeking Full Remedies: Our goal is to secure all available remedies for our clients, which may include lost wages and benefits, compensation for emotional distress, punitive damages (in appropriate cases), changes to company policies, and recovery of attorneys’ fees and costs.

Explore Specific Types of Workplace Discrimination

Workplace discrimination can manifest in many forms, often targeting specific protected characteristics. To learn more about your rights concerning particular types of discrimination, please visit our dedicated pages:

Pregnancy Discrimination
Age Discrimination
Race Discrimination
Religion Discrimination
Sexual Orientation Discrimination
Sexual Harassment (as a prevalent form of sex/gender discrimination)
Discrimination

Facing Unfair Treatment at Work? You Don’t Have to Tolerate Discrimination.

If you believe you have been a victim of workplace discrimination based on your race, gender, age, disability, religion, sexual orientation, pregnancy, or any other protected characteristic, it’s time to stand up for your rights. Contact Brightwood Law Group, PC today for a confidential consultation. Our dedicated employment discrimination attorneys are here to listen, advise, and fight for the justice and equality you deserve.

Call us at (310) 895-9075 or fill out our online contact form.