Discrimination in the workplace is a serious issue that happens in far too many places of employment. Not only can it increase stress and reduce morale, but it can also have a long-term impact on your career. Discrimination can prevent you from receiving a promotion, getting a raise, or taking advantage of the opportunities offered to other employees. In some cases, it can also mean being fired — or not hired at all.

If you’ve been subjected to discrimination in the workplace, it’s essential to understand your legal rights. You may be entitled to hold your employer accountable for their wrongdoing and recover compensation for your damages.

What is Workplace Discrimination?

Workplace discrimination refers to any employment action that involves treating an employee with a protected characteristic less favorably than other employees. This type of conduct is prohibited under both federal and state law regarding every aspect of employment. Protected characteristics under California law include the following:

• Race
• Color
• National origin
• Disability, including mental and physical disabilities
• Ancestry
• Sex and gender
• Gender identity and gender expression
• Pregnancy, childbirth, and breastfeeding
• Sexual orientation
• Religion
• Age over 40
• Marital status
• Military or veteran status
• Medical condition or genetic information

Employees are also protected from workplace discrimination or retaliation for requesting family care leave, pregnancy disability leave, or leave to care for their own serious health condition.

Types of Workplace Discrimination

Discrimination in the workplace can take many forms. It may be subtle or overt. It can be committed by an employer, business owner, supervisor, management, a co-worker, or any other party involved with the company. Common forms of workplace discrimination include the following:

• Disparate treatment — Disparate treatment involves treating an employee differently because of their membership in a protected class. This wrongful treatment can occur at any stage of the employment process, including during the hiring, promoting, training, or terminating of an employee. An example of disparate treatment can include a female employee who was denied a promotion in favor of a male employee who was less qualified.
• Harassment — Harassment is a form of discrimination in the workplace that involves unwelcome conduct based on a protected characteristic. While isolated incidents usually don’t rise to the level of unlawful harassment, the conduct must be severe and pervasive enough to create a hostile work environment. Common examples of harassment can include (but are not limited to) offensive jokes, physical assault, intimidation, offensive pictures, and intimidation.
• Refusing to offer a reasonable accommodation — Employers have a legal duty to provide reasonable accommodation to employees with qualifying disabilities under the Americans with Disabilities Act, unless it would cause undue hardship to their business operations. Failure to do so may constitute workplace discrimination.
• Retaliation — Retaliation involves subjecting an employee to an adverse employment action for engaging in protected activity. Examples of protected activity can include filing a complaint for workplace discrimination, speaking out about safety violations, requesting a reasonable accommodation for a disability, or participating in an investigation related to employment discrimination.

If you were discriminated against in the workplace due to your membership in a protected class, it’s essential to document your case and the facts surrounding the adverse employment action. You will need to prove that you were qualified for the job and had the ability to carry out the tasks associated with the position. In addition, you must show that a similarly situated employee who was not a member of a protected class received preferential treatment. If the employer offers a nondiscriminatory reason, the court will assess whether it is legitimate or pretextual.

What are Your Legal Remedies for Discrimination in the Workplace?

If you were subjected to discrimination in the workplace, you might be entitled to pursue a legal remedy to recover the damages you suffered. You may be eligible to receive monetary damages for back pay in connection with your lost wages due to the adverse employment action, front pay for future lost earnings, attorney fees, court costs, and damages for emotional distress. An equitable remedy might also be available, such as reinstatement to your previous position or injunctive relief to stop the employer from implementing discriminatory practices. In cases where the employer’s conduct was particularly egregious, punitive damages may be available to punish the employer for their wrongful conduct.

Depending on the facts and circumstances surrounding the case, you may file a complaint with the California Civil Rights Department or the federal Equal Employment Opportunity Commission (EEOC). These options are available if you do not have an attorney to represent you. The applicable agency will investigate your complaint and may offer mediation to resolve the issue with your employer. If you are not satisfied with the outcome of the agency’s investigation, you can request a “right-to-sue” letter, which allows you to file a lawsuit. As the litigation process can be complex, it is crucial to have the counsel of a skillful attorney if you will be bringing a legal action in court.

Contact an Experienced California Employment Law Attorney

If you were discriminated against in the workplace because you are a member of a protected class, a knowledgeable employment law attorney can evaluate your case and discuss your legal options. The attorneys at Optimum Employment Lawyers provide trusted representation for workplace discrimination matters and a broad scope of employment issues. Contact us at (949) 391-2327 to schedule a consultation.