Discrimination occurs when an employer treats an employee or job applicant unfavorably because of a protected characteristic. This can sometimes be seen through an adverse employment action, such as being fired, demoted, or given reduced working hours, or as a pattern of subtle, systemic mistreatment or exclusion.
Types of Discrimination
- Race, National Origin, Color, or Ancestry: Employers cannot mistreat an employee because of their race, national origin, color, or ancestry. Such discrimination may take the form of offensive comments, racial slurs, stereotypes, biased decisions, or workplace policies that disproportionately harm employees of certain backgrounds.
- Gender and Sex: Such discrimination includes when employees are treated unfairly because of their sex, gender, gender identity, gender expression, pregnancy, or sexual orientation. This often involves issues like unequal pay and limited advancement opportunities.
- Pregnancy: California law protects employees from unfair treatment due to pregnancy, childbirth, or related medical conditions. Employers must provide reasonable accommodations to such employees (like breaks, modified duties, or leave) and cannot discriminate in hiring, firing, promotion, or terms of employment.
- Disability or Medical Condition: Employees with physical or mental disabilities or medical conditions are protected from discrimination and have the right to reasonable accommodations that allow them to perform their job duties. Disability discrimination may occur when an employer refuses accommodations, limits job opportunities, or takes adverse action because of a real or perceived disability or medical condition.
- Age Discrimination (40 and older): California law protects employees 40 years of age or older from age discrimination. This prevents “coded” ageism or forcing out older workers in favor of younger staff.
- Religion and Creed: Religious discrimination is prohibited. California law protects an employee’s right to practice their faith without discrimination, and employers must provide religious accommodations.
- Marital Status: Employers cannot discriminate against an employee based on their marital status, including being married, divorced, widowed, or single.
- Military or Veteran Status: Employees cannot be discriminated against based on their military or veteran status, past or present.
- Political Affiliation or Activities: California law protects employees from retaliation, discrimination, and mistreatment based on their political beliefs or political activities.
This is not a complete or exclusive list or discussion of your rights as a worker in California. It only represents some of the many basic rights California law protects for employees. California provides robust and extensive protections to workers, and discrimination claims are governed by state and federal laws, including the California Fair Employment & Housing Act (FEHA) and Title VII of the Civil Rights Act.
Discrimination claims are first filed with the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC) before an employee may pursue a lawsuit. Employees may then wait for an agency investigation, or request an immediate right to sue and proceed with a lawsuit.
Types of Compensation
If your claim is proven, and depending on its circumstances, you may be entitled to compensation, potentially including lost wages and benefits, future earnings, emotional distress damages, and attorneys’ fees. In cases involving “malice, oppression, or fraud,” punitive damages may also be available.
Talk to KV LAW, P.C. Today
If you are the victim of discrimination in the workplace, now is the right time to explore your legal options. Kris Vartanian can advise you of your rights, evaluate the extent of the discrimination you have faced, and help you pursue justice. You could be entitled to compensation, and a successful suit might also help you change the culture at your workplace. Instead of tackling these issues on your own, reach out to KV LAW, P.C. today to learn how we can help.