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Last Modified on Feb 24, 2026
You work hard for a living. You should not have to struggle with your employer to be treated fairly in the workplace. However, that is the unfortunate reality for many workers in San Diego. Workplace discrimination can happen anywhere and to anyone. If you are a working individual, you may have asked yourself: What should you do if you experience workplace discrimination in San Diego County?
What Is Workplace Discrimination?
Workplace discrimination is any discriminatory behavior that takes place at a person’s place of work. The term applies to situations that occur over the course of a regular workday as well as to more isolated incidents, such as unfair hiring, firing, or promotion practices. For an action or inaction to be considered unlawful discrimination, the behavior must be based on or related to a protected class.
The Civil Rights Act of 1964 laid the foundation for nondiscrimination laws in the United States. It prohibits employers from discriminating based on race, color, religion, sex, or country of origin. In California, workers are also protected from discrimination by the Fair Employment and Housing Act, which expands protected classes to include gender, age, disability, marital status, medical conditions, and sexual orientation, among others.
Workplace discrimination can take many different forms. The following are some of the most common discrimination bases seen in the workplace:
Given the wide variety of discrimination, it follows that discriminatory behavior is not one-size-fits-all. Discrimination can manifest as action or inaction, and it can be a single incident or a pattern of behavior. The following are some common examples of workplace discrimination.
- A promotion is given to an underqualified male candidate rather than a qualified female employee.
- An employer hires white candidates over better-qualified Black candidates.
- Older employees (over the age of 40) are subtly encouraged to quit through disincentivizing practices.
Workplace discrimination is quite common. In fact, 35% of workers over 45 report losing out on promotions to younger candidates. Furthermore, 18% of women workers report getting negative performance reviews because of maternity leave, and 61% of LGBTQ+ workers report having been verbally harassed at work.
What Can You Do if You Face Workplace Discrimination in San Diego?
If you are facing workplace discrimination, you do not need to accept the unfair treatment. You have the right to work without a hostile environment, and you have options to stand up for yourself.
Document Everything
Sometimes workplace discrimination can be hard to prove, especially when it occurs in subtle ways or involves patterns of behavior. It is important to document every incident that takes place to substantiate your claims. This can mean saving emails, text messages, written notes, or even voicemails. If the incidents involve verbal statements, you should note who said what and on what day.
Hire a Workplace Discrimination Lawyer
If you think you may have an actionable case of workplace discrimination, whether it is based on gender, age, sex, religion, race, or something else, you should hire a workplace discrimination lawyer as soon as you are able. Your attorney can review the facts of your case, as well as any evidence you have collected, and help you determine the most appropriate course of action.
Your lawyer can communicate with the employer on your behalf. Sometimes, all it takes to encourage an employer to follow the rules is a strongly worded letter on a lawyer’s letterhead. If you do need to file a formal workplace discrimination claim, your attorney can help you do that, as well. Finally, if the case ultimately goes to trial, an experienced lawyer can be the difference between a dismissal and a satisfactory settlement.
Go to Human Resources
If you are still working for the employer perpetrating the discrimination, it is likely a good idea to approach the human resources department and make them aware of the problem. Human resources departments exist mostly to protect employers, but they usually have protocols they are supposed to follow when they receive reports of discrimination. Ask your attorney if you should bring your case to human resources, if you have not already.
FAQs About What Should You Do If You Experience Workplace Discrimination in San Diego County
Is Discrimination Because of Pregnancy Legitimate?
Yes, discrimination because of pregnancy or breastfeeding is absolutely a legitimate complaint. Because pregnancy, maternity leave, and breastfeeding are all closely tied to being female or identifying as a woman, discrimination related to those things is considered a form of gender-based discrimination. An employer cannot discriminate against an employee for being pregnant, taking maternity leave, or needing to breastfeed or pump breastmilk.
Is My Workplace Discrimination Case Likely to Go to Trial?
No, a workplace discrimination case is not likely to go to trial. When a plaintiff has a legitimate case and supporting evidence, the most common outcome is for employers to settle the case out of court. If your case does happen to go to trial, the case will be heard at the San Diego Superior Court nearest to you.
How Much Does a Workplace Discrimination Lawyer Cost in San Diego County?
The cost to hire a workplace discrimination lawyer in San Diego County can vary significantly from case to case, depending on the complexity of the issue, the amount of time the lawyer might spend on the case, and individual attorneys’ rates and fee structures. However, most attorneys handling workplace discrimination cases work on a contingency basis, meaning they take a percentage of any settlement they secure rather than charging an up-front fee.
Is Gender Expression Protected Under Workplace Discrimination Laws in San Diego?
Yes, gender expression is protected under workplace discrimination laws in San Diego. The Fair Employment and Housing Act protects workers in California from discrimination based on their gender, gender identity, and gender expression. Therefore, employers cannot legally discriminate based on how someone expresses their gender identity. An experienced lawyer can help if you have been a victim of such discrimination.
Discriminated Against at Work? Contact Frank S. Clowney III
If you are facing workplace discrimination, you have options to pursue justice, and you don’t have to do it alone. Contact The Law Office of Frank S. Clowney III to discuss your case.
