Workplace Discrimination
Workplace discrimination occurs when an employee is treated unfairly based on a protected characteristic such as race, gender, age, religion, disability, sexual orientation, or national origin. This type of treatment is prohibited under both federal and state law.
Title VII of the Civil Rights Act of 1964 is one of the primary federal laws that protects workers from discrimination. Over time, these protections have expanded through court decisions to include additional categories such as gender identity and sexual orientation. Other federal laws also protect against age discrimination, pregnancy discrimination, and disability discrimination.
In California, employees may have broader protections under state law, including additional protected categories and stronger workplace requirements for employers.
Common Types of Workplace Discrimination
There are many forms of workplace discrimination that may be unlawful, including:
Disability Discrimination
Treating an employee unfairly because of a physical or mental disability, or failing to provide reasonable accommodations when required.
Age Discrimination
Unfair treatment of workers who are age 40 or older.
Family and Medical Leave (FMLA) Violations
Discrimination or retaliation for taking protected leave to care for yourself or a family member.
Gender Identity and Sexual Orientation Discrimination
Unfair treatment based on gender identity, gender expression, or sexual orientation.
National Origin Discrimination
Discrimination based on where you were born, your accent, or your ethnicity.
Pregnancy Discrimination
Unlawful treatment related to pregnancy, childbirth, or related medical conditions, including failure to provide accommodations.
Racial Discrimination
Treating an employee differently because of race or ethnicity.
Religious Discrimination
Failing to accommodate religious practices or treating someone unfairly because of their beliefs.
Retaliation
Taking adverse action against an employee for reporting discrimination, participating in an investigation, or exercising legal rights.
Sexual Harassment
Unwelcome conduct of a sexual nature that creates a hostile work environment or affects employment.
What to Do If You Experience Discrimination
If you believe you are experiencing workplace discrimination, it’s important to document what is happening. Keep records of incidents, including dates, times, communications, and any witnesses. This information may be important if you decide to take legal action.
You may also consider reporting the issue internally or filing a complaint with a government agency such as the Equal Employment Opportunity Commission (EEOC) or a state agency.
How an Employment Law Attorney Can Help
Workplace discrimination claims can be complex and often require strong documentation and an understanding of both federal and state laws. An employment law attorney can help evaluate your situation, gather evidence, and determine whether you may have a valid claim.
If you believe your rights may have been violated, you can complete a Free Case Evaluation to have your situation reviewed and learn more about your legal options. Many employment law attorneys handle cases on a contingency fee basis, meaning there are typically no upfront costs.
