Types of Discrimination in the Workplace in California (2024)

In California, workplace discrimination is a severe problem that impacts workers in a variety of industries. Many employees continue to experience discrimination based on criteria unrelated to their performance on the job, even in spite of legislation intended to shield them from unjust treatment. To guarantee a just and equal work environment, it is crucial for both employers and employees to understand the types of discrimination in the workplace in California.

Protected Classes in California

According to California law, workers are shielded from unlawful discrimination by employers on the grounds of:

• Color and race
• National origin and ancestry
• Faith and belief systems
• Age (over 40)
• Physical and mental disabilities
• Gender and sex
• Sexual orientation
• Gender expression and identity
• Health status
• Genetic data
• Status as a married couple
• Veteran or military

Racial Discrimination

Discrimination based on race and color refers to when an employee is treated unfairly due to their race, skin tone, or racialized traits like facial features or hair type. An employee’s race or color cannot be used by an employer as a factor in hiring, terminating, promoting, or making any other employment-related decisions. For example, an employer cannot reject a qualified applicant based only on the candidate’s race.

Age-Based Discrimination

When an employee or job applicant is given less favorable treatment due to their age, this is known as age discrimination. It is prohibited to discriminate against someone 40 years of age or older under both federal law (the Age Discrimination in Employment Act) and California law (FEHA). This covers all facets of working, including hiring, promoting, assigning tasks, training, benefits, and layoffs.

More covert forms of age discrimination occur when staff members over 40 are passed over for promotions in favor of more youthful staff members, even if the older employees are more qualified. Jokes or remarks about employee’s ages may also be made in the workplace.

Gender Discrimination

When an employee is treated unfairly because of their gender, gender identity, or sexual orientation, it is considered gender and sex discrimination. Transgender people and those who don’t fit into stereotypical gender roles are protected by FEHA.

Unwanted sexual advances or asking for favors of a sexual nature are considered forms of sexual harassment, which is a type of sex discrimination.

Furthermore, the Equal Pay Act of California prohibits gender-based pay discrimination by requiring equal compensation for employees of different sexes who perform substantially identical work.

Disability Discrimination

When a qualified person with a disability is treated unfairly by their employer due to their impairment, this is known as disability discrimination. Employers must make reasonable accommodations for disabled workers unless doing so would place an unreasonable burden on the company.

Adjusting work schedules or making changes to the workspace, such as adding ramps or supplying special equipment, could be considered reasonable accommodations.

Religious Discrimination

When someone is treated unfairly by their employer due to their religious convictions or practices, this is known as religious discrimination. This encompasses both conventional organized faiths and true religious, moral, or ethical convictions.

Unless doing so would result in undue hardship, employers are expected to reasonably accommodate an employee’s religious practices. This could include granting permission for religious attire or grooming customs, enabling flexible scheduling to celebrate religious festivals, or offering a private area for worship.

National Origin Discrimination

When an employee is treated unfairly due to their national origin, ethnicity, accent, or because they are thought to be a member of a specific ethnic group, this is known as national origin discrimination. For instance, if an English-only policy is implemented at work and is not essential to the smooth operation of the company, it may be deemed discriminatory.

Sexual Orientation Discrimination

When a worker or job applicant is treated unfairly due to their actual or perceived sexual orientation, this is known as sexual orientation discrimination. Sexual orientation discrimination can take many different forms, such as being wrongfully fired, passed over for promotions, or subjected to harassment. Regardless of their sexual orientation, companies should promote an inclusive workplace where all workers feel valued and comfortable.

Pregnancy Discrimination

When a woman is treated unfairly due to her pregnancy, delivery, or a medical condition associated with these events, this is known as pregnancy discrimination. Employers are not allowed to discriminate against pregnant workers in any capacity.

Employers must also grant up to four months of job-protected leave to workers who are disabled due to pregnancy, delivery, or related medical problems. Furthermore, qualified workers may take up to 12 weeks of leave to spend time bonding with a new child.

FAQs

Q: What Is Considered Discrimination in the Workplace in California?

A: Discrimination in the workplace in California happens when an employee is treated unfairly or unequally based on protected characteristics like race, gender, pregnancy, age, religion, sexual orientation, or national origin. This can include actions such as wrongful termination, demotion, being denied a promotion, harassment, or creating a hostile work environment.

Q: How Do I Prove Discrimination at Work in California?

A: To prove discrimination as a California worker, you need to show that you were treated differently at work because of a protected trait, like race, gender, or age. This means gathering proof such as emails, performance reviews, accounts from witnesses, and records of treatment that aren’t consistent. Timing can also be very important. It can help your case if you can show that these things happened after you performed a protected activity, like making a complaint.

Q: What Is the New Discrimination Law in California?

A: The Fair Employment and Housing Act (FEHA) recently gave workers more rights. One big change is that the law now covers discriminatory pay practices. This means that all workers, regardless of their gender, race, or culture, must be paid the same for doing essentially the same work. This makes equal pay protections even stronger.

Q: How Do You Win a Discrimination Case at Work?

A: In order to win a discrimination case at work, you must show strong proof of actions that unfairly targeted your protected trait, as well as proof that the employer’s reasons for the actions were not valid. An attorney can help you gather evidence, understand complicated employment laws, and stand up for you in court.

Contact The Law Office of Frank S. Clowney III

If you have been discriminated against at work, The Law Office of Frank S. Clowney III can help. Contact us today to get started.