What is Discrimination at Work

Discrimination in the workplace refers to unequal treatment based on specific protected characteristics, rather than an individual’s skills or job performance. These characteristics include, but are not limited to:

• Race or color
• Gender, gender identity, or gender expression
• Sexual orientation
• Age (40 and older)
• Disability (physical or mental)
• Religion
• National origin
• Medical condition
• Military or veteran status
• Pregnancy

Examples of Discrimination at Work

Discrimination takes many shapes, each damaging in its own way. Common examples include:

• Hiring Bias: Rejecting qualified applicants due to their protected traits.
• Unequal Pay: Offering lower wages for identical work based on gender, race, or other factors.
• Promotion Denials: Blocking career advancement for specific groups.
• Harassment: Subjecting employees to offensive comments or actions tied to their identity.
• Retaliation: Penalizing individuals for reporting discrimination or aiding investigations.

Laws Protecting Your Rights at Work

Federal Protections

• Title VII of the Civil Rights Act: Applies to employers with 15 or more employees. It prohibits discrimination based on race, color, religion, sex, or national origin and is enforced by the Equal Employment Opportunity Commission (EEOC).

California Protections

• Fair Employment and Housing Act (FEHA): Covers employers with 5 or more employees, extending protections to sexual orientation, gender identity, military status, and beyond. It also bans retaliation for reporting discrimination, offering a broader shield than federal law.

California’s FEHA stands out as one of the nation’s strongest anti-discrimination statutes, providing employees with powerful tools to combat workplace bias.

How to Protect Yourself If You Experience Discrimination at Work

If you believe you are facing discrimination, taking prompt action is essential. Follow these steps:

1. Document All Incidents: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
2. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
3. Report to Your Employer: Submit a written complaint through your company’s internal process.
4. File a Formal Complaint: Contact the California Civil Rights Department (CRD) within 3 years of the incident or the EEOC within 300 days for federal claims. An attorney can help you with filing these claims.
5. Secure a Right to Sue: Obtain this document to pursue legal action, with guidance from an experienced attorney.

An experienced attorney can guide you through these steps, ensuring your rights are fully protected.

Act Now to Preserve Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.