When people are at work, they expect to be treated with professionalism and respect. However, if you find yourself wondering, “Am I being discriminated against at work in California?” you may be experiencing adverse treatment. However, an unfair decision by an employer is not necessarily illegal discrimination. In California, employers are generally prohibited from making employment decisions because of a worker’s protected characteristic.
Whether you’re in West Covina or elsewhere in the San Gabriel Valley, you might encounter discrimination in workplaces spanning professional offices by the I-10, shops around Plaza West Covina, or even near the Eastland Center’s eastward growth. Learning how California’s Fair Employment and Housing Act, or FEHA, works can help employees understand when illegal discrimination is at play versus another type of workplace conflict.
FEHA Description of Workplace Discrimination
California’s Fair Employment and Housing Act, primarily found in Government Code sections 12900 through 12996, stands as one of the main workplace discrimination laws in the state. California Government Code § 12940 states it is unlawful for covered employers to discriminate against an employee or applicant due to a protected characteristic. FEHA applies to most employers with five or more workers.
California law protects workers from discrimination or harassment based on the following protected classes:
- Race
- Age
- Disability
- Sexual orientation
- Gender
- Military status
- Political affiliation
- National origin
- Religion
- Marital status
- Medical status/decisions
With 2,174 complaints, disability was the most commonly mentioned protected ground in California Rights Department employment complaints in 2024. There were 1,190 references to race and 1,257 to sex/gender. In most cases, the key issue becomes whether the employer intentionally considered a protected characteristic when taking an adverse employment action against an employee.
Signs of Discrimination at Work
Employers know that discrimination is illegal. Therefore, it is unlikely that they are going to make clear claims of doing so. In some workplace discrimination cases, the signs of discrimination come from how employees in similar positions are treated.
For instance, a manager with years of positive reviews from their employer may continuously be denied promotions while less-experienced employees not in the manager’s protected class are promoted. Some signs that can point to discrimination include:
- A worker is given a negative performance review that seems to contradict their past job performance.
- An employer receives a lower wage than other employees with similar job responsibilities or is denied a bonus when other employees receive one.
- A worker is not given the opportunity to advance after they disclose a protected characteristic.
- A workplace environment allows for repeated discriminatory comments.
- A worker is disciplined for behavior that other employees are allowed to get away with.
Additionally, if this is a pattern for others in your protected class, but not others, this can point to discrimination. For instance, if every employee who has announced a pregnancy was later fired, this can point to discrimination, even if the employer cited other reasons for doing so.
Proving Workplace Discrimination
Many employment discrimination claims rest on evidence that the employer’s stated reason for its action is not what actually motivated the decision.
Emails, performance reviews, pay records, internal communications, promotion practices, and disciplinary actions can assist in identifying a timeline of events. Similarly-situated employees can provide a point of comparison. For instance, proof that an employer fired one employee but allowed similarly situated coworkers to engage in the same conduct can call into question the employer’s explanation for their actions.
Filing a Discrimination Claim
The California Civil Rights Department (CRD) enforces California’s FEHA. Generally, a complaint alleging employment discrimination must be filed within three years of the discriminatory act. However, employees who wish to file a claim can obtain a right-to-sue notice by filing their complaint with CRD.
Possible remedies include past lost earnings, future lost earnings, reinstatement to a job, promotion, emotional distress damages, and punitive damages. Attorney’s fees and costs may also be recovered.
Why Hire GUZMÁN & TOKAR LLP?
GUZMÁN & TOKAR LLP exclusively represents employees with workplace-related issues in California courts and during pre-litigation negotiations with employers. Our firm prides itself on helping employees with claims brought under FEHA. We also represent workers for wage and hour claims and wrongful termination cases.
When you hire a workplace discrimination lawyer from GUZMÁN & TOKAR LLP to represent you, you receive the legal assistance that you need to pursue your case. We can review your employment records, evaluate potential claims under California law, and go over your legal options. We can assess what damages you may be owed based on how your employer’s unlawful conduct affected you financially and professionally.
FAQs
Can Workplace Discrimination Happen Even if My Supervisor Is in the Same Protected Class as Me?
Yes, workplace discrimination can still happen even if your supervisor is in the same protected class as you. Typically, a court would look to the facts and evidence rather than rule out discrimination based on a presumptive similarity between an employee and supervisor. A California workplace discrimination attorney can help look at the facts to see if you have a legitimate claim, regardless of whether your employer is in the same protected class or not.
Is Favoritism at Work Considered Workplace Discrimination?
Favoritism in general is not considered discrimination. However, treating someone more or less favorably due to their protected status is illegal. If you believe your employer is treating someone more favorably because of their race, gender, age, etc., that may be illegal discrimination.
For example, if a supervisor only favors younger employees for promotions and raises, this may help support an age discrimination claim by an older employee who has been passed over.
Does California Protect Remote Employees From Discrimination?
Yes, California protects remote employees from discrimination. If your employment relationship otherwise falls under California law, you may be protected from discrimination by working from home.
Additionally, harassment may occur over email, text messages, video conferencing programs, or by the decision to place you in a work-from-home position. An employee working in another state for a California employer may still allow California some jurisdiction.
Can My Employer Discriminate Against Me During a Layoff?
Generally speaking, it is not considered an employer discriminating against you if you were let go due to layoffs. However, your employer cannot base the decision to lay you off on being a part of a protected class. For example, if your employer claims the layoff was due to restructuring, but most employees over 50 were laid off, the employer may have to explain their reasoning and show that they did not use age as a factor.
Hire a Workplace Discrimination Lawyer With FEHA Experience
If you believe you have been discriminated against at work, contact GUZMÁN & TOKAR LLP for superior legal assistance.
