Discrimination
In California, both federal and state laws protect workers from discrimination based on various characteristics, including race, religion, color, national origin, gender, gender identity and expression, sexual orientation, disability, medical condition, age (40 and older), and military or veteran status. These protections cover all aspects of employment, from hiring and compensation to termination and benefits.
Examples of discrimination may include sudden changes in job performance evaluations, passed over for promotions, changes in work duties, differential rule enforcement, or exclusion from meetings. Both federal law under Title VII of the Civil Rights Act and state law under the Fair Employment and Housing Act (FEHA) laws prohibit discrimination, with state law often providing more comprehensive protection.
It is important to document and report discrimination in the workplace with the employee’s supervisor or human resources department. Employees may also immediately file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). This step is necessary before filing a lawsuit because exhausts administrative remedies. After filing with these agencies, employees can either request an immediate right to sue or wait for the agency’s investigation to conclude. Once a right to sue notice is issued, an employee can file a lawsuit in California Superior Court.
Employees who report discrimination are protected from retaliation for reporting discrimination. If discrimination is proven, employees may be entitled to various damages, including back wages, lost benefits, emotional distress compensation, and attorney fees. The specific damages available depend on the nature and extent of the discrimination and its impact on the employee.
If you or someone you know is suffering from discrimination in the workplace, contact us immediately.
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