Workplace discrimination can take many forms and may affect employees at every stage of employment, from hiring to termination. Both California and federal law prohibit employers from treating workers unfairly based on certain protected characteristics. Below are answers to some common questions about workplace discrimination and employee rights.
Frequently Asked Questions
What is Employment Discrimination?
Employment discrimination occurs when an employer treats an employee or job applicant unfairly because of a legally protected characteristic. Discrimination can happen during hiring, promotion decisions, pay practices, discipline, scheduling, or termination.
Which characteristics are protected under employment discrimination laws?
Federal and California laws protect employees from discrimination based on characteristics such as:
- Race or color
- Religion
- Sex or gender
- Sexual orientation
- National origin
- Pregnancy
- Age (40 and older)
- Disability or medical condition
- Military or veteran status
- Marital status
California law may provide broader protections than federal law in certain situations.
What are examples of workplace discrimination?
Discrimination may include:
- Refusing to hire a qualified applicant
- Unequal pay for similar work
- Denial of promotions or advancement opportunities
- Unfair discipline or termination
- Harassment based on a protected characteristic
- Excluding employees from meetings, projects, or benefits
- Retaliating against an employee for reporting misconduct
Not every unfair workplace action is unlawful discrimination, but patterns of unequal treatment may raise legal concerns.
What evidence can help support a discrimination claim?
Evidence in a workplace discrimination case may include:
- Emails, text messages, or written communications
- Performance reviews or disciplinary records
- Witness statements from coworkers
- Differences in treatment between employees
- Comments or actions showing bias or discriminatory intent
- Documentation of complaints made to management or human resources
Keeping detailed records of incidents and communications can be important when evaluating a potential claim.
What is retaliation in the workplace?
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity. Examples of protected activity may include:
- Reporting discrimination or harassment
- Participating in a workplace investigation
- Requesting a reasonable accommodation
- Taking protected medical or family leave
- Filing a complaint with a government agency
An employer generally cannot lawfully terminate, demote, discipline, or otherwise take adverse action against an employee for asserting their workplace rights.
What is considered a hostile work environment?
A hostile work environment may exist when workplace harassment becomes severe or pervasive and interferes with an employee’s ability to perform their job. Harassment may involve offensive comments, intimidation, unwanted conduct, or repeated discriminatory behavior tied to a protected characteristic. Occasional workplace conflicts or personality disagreements typically do not rise to the level of unlawful harassment.
What should I do if I believe I am experiencing workplace discrimination?
Employees who believe they are experiencing discrimination may want to:
- Document incidents, communications, and witness information
- Review their employer’s policies and complaint procedures
- Report concerns to human resources or management
- Preserve relevant emails, messages, or employment records
- Consult an employment attorney regarding their legal rights
In some cases, employees may also file complaints with agencies such as the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).
If you have questions about workplace discrimination, harassment, or retaliation, the attorneys at Chung & Reynolds are available to discuss your situation and help you understand your legal options. Please contact our office to schedule a consultation.
Disclaimer: The information contained on this website and in this article is for general information purposes only and is not intended to be, nor should it be interpreted as, legal advice or a substitute for legal counsel. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. While we strive to ensure the information is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of this information. Any reliance you place on such material is strictly at your own risk.