Workplace Discrimination

Workplace discrimination occurs when an employee or job applicant receives less favorable treatment because of a “protected characteristic” they have. Protected characteristics include:

  • Race, Color, National Origin, Ancestry

  • Gender, Gender Identity, Gender Expression

  • Religion 

  • Age

  • Physical Disability

  • Mental Disability

  • Medical Condition

  • Genetic Information

  • Marital Status

  • Sex

  • Pregnancy

  • Sexual Orientation

  • Military or Veteran Status

Additionally, California state law protects workers from being discriminated against for the following protected categories: 

  • mental or visual disability

  • Medical condition

  • HIV/AIDS

  • Ancestry

  • Arrest record

  • Marital status

  • Military status

  • Sexual orientation

  • Gender identity or expression

  • Political activities/affiliation

  • Genetic information.

Discrimination in the workplace can take many forms, including, but not limited to, the following:

  • Disparate Treatment: Targeting and specifically purposeful treatment of an individual or group of individuals based on characteristics falling under the legally protected classes.  Examples include: favoritism, demotion, denial of promotion or raises, harassment based on protected characteristics.

  • Disparate Impact: A neutral policy that primarily impacts employees in a protected class, either positively or negatively. 

  • Failure to Accommodate: Where companies fail to provide reasonable accommodations for employees with disabilities, religious preferences, or breastfeeding women.

  • Discrimination in Hiring: Where companies base hiring decisions on characteristics falling under legally protected classes, including, but not limited to, the following: advertising jobs based on protected classifications, refusing to give applications to people under protected classes, refusing to hire based on stereotypes, judge job referrals on the basis of protected classes, and inquire about the nature or severity of disabilities during the hiring process.

  • Failure to Take Action: Where a company fails to prevent or stop colleagues or other employees from engaging in harassment, bullying, or discriminatory behavior.

  • Retaliatory Termination: Where a company terminates an employee for filing a discrimination lawsuit or reports about discrimination in the workplace.

  • Maternity Leave: Where companies fail to provide the legal minimum of maternity leave.

What to do if you are subject to discrimination in the workplace

If you are the victim of discrimination in the workplace, the first step is to notify your employer.  Be sure to review your employee handbook to see what policies and procedures your company has regarding workplace discrimination and the appropriate person to contact regarding your complaint.  If the offender is your supervisor, you will need to tell the offender’s supervisor or your company’s human resources department.  It is important to communicate in writing – preferably on company email – in order to establish that you made a complaint and the company knows about the discriminatory behavior.  Be sure to document when you told the offender to stop and when you reported the discrimination to the supervisor or human resources.  Also be sure to document any responses you receive from your company regarding the results of any investigation related to your discrimination claim. If the discrimination has been ongoing for a while, it is not too late, and it is still important to put your employer on notice.  

In the event that you have told your company, but the discrimination continues, you should immediately consult with an experienced attorney to discuss any legal actions you can take against your employer.  At this point, it is also important that you start documenting and collecting information about any discriminatory actions against you by your employer.  This includes emails and other written testimony that support your claims.  Also, other employees that have are witnesses to discriminatory remarks or discriminatory actions are extremely helpful.

The next step will be to file a complaint with the EEOC and FDEH.  Typically, they will issue you with a right to sue after an investigation.  Once you have received your right to sue letter, you may file a lawsuit.

Victims of discrimination may be eligible to receive compensation for lost wages and emotional suffering.  The attorneys at Employment Lawyers are experienced in workplace discrimination cases and are here to help you.