Workplace discrimination interferes with people’s jobs and livelihoods. It can be pernicious, pervasive and difficult to prove on your own. If you have experienced unfair treatment in your workplace or during hiring, had reasonable accommodations denied by your employer, or have been subjected to retaliation, our employment discrimination lawyers in California can prove your case on your behalf and help you recover lost wages and other compensation that you’re owed.
Learn who suffers from employment discrimination, what discrimination can look like, and what you may be legally owed if your employer has practiced discrimination against employees, job applicants, union members and other workers.
Employment discrimination refers to unequal or unfair treatment of workers based on protected characteristics, such as race, sex, age, color, religion and disability. You may have experienced employment discrimination if your workplace subjected you to any of the following:
Workplace discrimination is not always obvious. In many cases, it appears through patterns of behavior rather than overt acts. Employees may be treated differently, excluded, or penalized in subtle ways that are difficult to identify without legal guidance.
Here are some common signs of employment discrimination to watch out for:
Protected characteristics form the basis of employment antidiscrimination laws. Federal law prohibits employment discrimination based on race, sex, age, national origin and other traits. However, California law extends these protections.
You do not actually have to have a protected characteristic for these laws to apply. If an employer assumed you had a protected characteristic and treated you unfairly based on that assumption, you may have been a victim of employment discrimination.
| Protected Characteristics | |
| Federal Law (Equal Employment Opportunity Commission) | State Law (Civil Rights Department, State of California) |
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Antidiscrimination laws apply to all business practices, which include:
Organizations that can be held accountable for employment discrimination include most private employers, state and local governments, educational institutions, unions and staffing agencies.
Workers may get fired after announcing a pregnancy, requesting reasonable accommodation or returning from medical leave. Discrimination can also occur when older or disabled workers are disproportionately targeted for layoffs. In many cases, employers attempt to justify discriminatory terminations by citing alleged performance issues or policy violations.
Qualified workers may be passed over for hiring or promotions due to biases based on gender, race, age, disability or other characteristics. Discriminatory practices may include unequal standards or use of criteria that unfairly exclude certain job applicants and employees.
Employees may be subjected to intimidating, offensive, or abusive conduct by supervisors or coworkers based on protected characteristics. This may include racist jokes or slurs, sexually suggestive behavior, unwanted physical contact, mockery, intimidation, or repeated actions that interfere with an employee’s ability to perform their job, such as undermining or sabotaging work responsibilities.
Employers sometimes fail to provide reasonable accommodations to employees with disabilities, pregnancy-related conditions or sincerely held religious beliefs, often by improperly claiming that these accommodations create “undue hardship.” Reasonable accommodations include disability aids, bathroom breaks, flexible schedule, and time off for medical appointments or religious observances.
Employers may unlawfully retaliate against employees for exercising their rights under antidiscrimination laws. Protected activities include filing or participating in a discrimination or harassment complaint, serving as a witness in a legal or internal investigation, opposing discriminatory practices, or requesting or discussing wage information to identify discriminatory pay practices. Retaliation may take the form of termination, demotion, discipline, reduced hours, or other adverse employment actions.
Layoff or firing practices may be illegal if they disproportionately affect certain workers based on protected characteristics, such as age or disability. Even fairly neutral criteria may be considered discriminatory if they result in firing primarily workers with protected characteristics during reductions or restructuring.
The first step to pursuing a claim against your employer for discrimination is to file a claim with either the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). This filing must be done before filing a lawsuit against your employer. However, you can still consult with an employment discrimination attorney at this phase of the process.
Filing with the CRD or the EEOC first is a mandatory part of the process. You will be granted a “right to sue” letter if either 1) the CRD investigates and declines to pursue a lawsuit on your behalf or 2) the EEOC investigates and is unable to settle with your employer regarding your claim.
You will generally need to submit the following information: facts and records about the incident, name and contact information of the person or organization who committed discrimination, copies of documents or evidence related to your complaint, and names and contact information of any witnesses to the incident. An employment attorney can help you gather this information.
Employees experiencing discrimination have three years from the date of the alleged incident to file with the CRD. The EEOC generally enforces a 180-calendar day deadline for employment discrimination claims.
The sooner you file with the CRD or EEOC, the better. Once you receive your Right-to-Sue letter from either the CRD or EEOC, you have 90 days to file in a federal court and one year to file an independent lawsuit against your employer in a California state court.
Employers frequently deny claims of discrimination and claim that certain decisions were made for legitimate business reasons, such as attendance, performance issues, policy violations or restructuring needs. In some cases, employers may claim that reasonable accommodations create undue hardship. They may claim that conduct from managers, supervisors or other employees did not rise to the level of unlawful discrimination.
These defenses are common. Experienced employment attorneys know how to build your case and prevent employers from successfully denying your allegations of discrimination.
In California employment discrimination cases, employees who prevail in employment discrimination cases may be entitled to recover:
Courts may also order non-monetary remedies, such as reinstatement, hiring, promotion, policy changes, workplace training, or the provision of reasonable accommodations.
In cases brought under Title VII (a federal law), combined compensatory and punitive damages are subject to statutory caps based on employer size:
These statutory caps do not apply to claims brought under California’s Fair Employment and Housing Act (FEHA).
Employees who believe they are experiencing workplace discrimination should consider the following steps:
Our employment discrimination attorneys can help you evaluate your case, gather evidence, file with the appropriate enforcement office, and, if necessary, pursue a lawsuit after obtaining a Right-to-Sue notice. A confidential consultation can help you understand your legal rights, potential claims, and possible recovery.
If you have experienced unfair treatment, a hostile work environment, had reasonable accommodations denied, or other discriminatory practices in the workplace, complete our form to request a free consultation from our employment discrimination attorneys.