California Workplace Discrimination Examples

Discrimination, in any form, is painful to experience. When those experiences occur in the workplace, it can make life even more difficult. It creates an unwelcoming environment for those who are simply trying to earn a living for themselves and their families. Whether confronted with discriminatory acts, verbiage, or treatment, no employer should allow these behaviors to infiltrate the culture of their employees.

Understanding what workplace discrimination is and how it manifests itself can help you hold employers who allow such behaviors to persist accountable.

Those who face discrimination in the workplace deserve to have their rights protected by a legal professional who will fight tirelessly for them. If you have experienced signs of discrimination while at work, then you should engage the help of an experienced employment attorney. Unfortunately, there are many examples of workplace discrimination in California.

Common Examples of Workplace Discrimination in CA

The California Fair Employment and Housing Act protects employees from discrimination in their place of work. Specifically, workers cannot be discriminated against based on their protected classes, such as national origin, sex, gender, and race, among many others.

Workplace discrimination can take many different forms. A few of the most common examples are below:

• Disability discrimination – If an employer refuses to accommodate the physical or mental disabilities of their employees, this would be considered workplace disability discrimination. It can also be a sign of disability discrimination if the employer does not have the proper equipment or facilities to accommodate disabled persons.
• Age discrimination – Age discrimination is another common example of workplace discrimination. It can be seen in the hiring process, promotions, compensation, and privileges and benefits offered to employees. If an employee over 40 is not awarded the same opportunities because of their age, then they may have a case for age discrimination.
• Race discrimination – If opportunities are withheld from an employee because of their race or ethnicity, that is racial discrimination. Also, if you overhear racial remarks or comments, then that is a significant sign of racial discrimination.
• Gender discrimination – Employers are prohibited from displaying discrimination on the basis of gender while in the workplace. If there is unequal pay among employees who have the same job title and similar experiences and qualifications but are different genders, that may be a sign of gender discrimination.
• Sexual orientation discrimination – Employees are protected from having to face discrimination on the basis of their sexual orientation. If an employee is fired right after their employer finds out their sexual orientation, that could be a sign of discrimination.

There are several other types of workplace discrimination, but these are some of the most common. If you have experienced any of these examples, you should consult an attorney who can analyze the situation and determine if you have a case for discrimination.

Understanding the California Workplace Discrimination Laws

The California Fair Employment and Housing Act has specific definitions for workplace discrimination. Employees who are members of a protected class are entitled to work in a place of business that is free from derogatory, humiliating, or harmful words and actions by their colleagues and employers. Protected classes include:

• Race
• Religion
• Color
• National origin
• Ancestry
• Physical disability
• Mental disability
• Medical condition
• Genetic information
• Marital status
• Sex
• Gender
• Gender identity
• Gender expression
• Pregnancy
• Age (specifically, 40 or over)
• Sexual orientation

Discriminatory Acts

While it may seem easy enough to spot signs of discrimination in the workplace, it can often be hidden under the guise of a “joke” or an inadvertent action. There are, however, warning signs that you or a coworker may be the victim of discrimination. Examples include:

• A sudden change in job performance: If you are consistently performing at a high level for the company and receiving positive performance reviews, it feels good. However, if you suddenly find yourself receiving poor reviews and your work ethic or quality of work has not declined, it could be a sign that other factors are motivating the reviews.
• You are purposely excluded from meetings that pertain to your job: If, for instance, the head of your department calls for a meeting to discuss upcoming metrics, it would make sense that you should attend. In this example, you are a woman and are not invited to the meeting. You later notice that only male employees from your department attended the meeting. This could indicate discrimination.
• Your workload suddenly changes, or you are assigned additional duties beyond the scope of your assigned job: While most employers leave clauses in work agreements that say, “other duties as assigned,” they must be within reason, and you must be trained on how to complete the job. If your workload has increased beyond justification, or you are being asked to complete tasks that you are not trained to do without support, it could indicate discriminatory acts designed to hurt your job performance.
• Employees from various backgrounds are subjected to different rules: In a workplace, all employees should be treated fairly and equally. What is permissible for one is permissible for all. Favoritism or unequal rule enforcement can demonstrate a bias toward certain groups while causing harm to others.
• The employer is screening applications: If an employer has specific screening methodologies that appear to eliminate applicants with “ethnic” sounding names or to favor those fresh out of college over those with experience, these could be indicators of both ethnic and age discrimination.

These are just a few of the examples of workplace discrimination that can occur. However, the patterns are the same. An employer uses poor judgment and purposely alienates others based on some protected characteristic.

How to Handle Workplace Discrimination in California

If you experience workplace discrimination, it is important to document as much evidence as you can. This includes:

• Witness statements
• Emails
• Text messages
• Conversations
• Videos
• Photos

With this evidence, it is important to notify your employer of the disparities that are occurring. Before a civil claim can be filed, an employer must be given the opportunity to correct the situation. These conversations can be difficult, and employees may fear that they may be retaliated against. However, there are laws that protect against this type of behavior as well.

If an employer fails to address the concerns in an appropriate and thorough way, then they may face a civil claim by one or more employees. In any claim, it must be proven that the employer knew or should have known the discrimination was occurring. It must also be proven that they did not act immediately, thoroughly, or completely to address the concerns.

FAQs

What is a Real Example of Discrimination in the California Workplace?

A real example of discrimination in the workplace could be if an employee is discriminated against because of her pregnancy.

For example, assume an employee by the name of Jessica is five months pregnant. She has been with a bank for over ten years. She is suddenly fired after revealing her pregnancy or while on pregnancy leave.

What Are the Two Ways to Prove Discrimination?

The two ways to prove discrimination in the workplace are through direct evidence and circumstantial evidence. Direct evidence proves discrimination without presumptions or inferences. An example of direct evidence would be an email or written document.

Circumstantial evidence relies on inference to prove facts. Timing is one of the most common ways to show discrimination.

How Do You Know if You Are Being Discriminated Against at Work?

There are a multitude of ways to determine if you are being discriminated against at work. Some of the easier ways to spot discrimination is if you overhear offensive comments about your race, sex, religion, origin, or any other factors related to your identity.

Another way to determine if you are being discriminated against is if you are applying for a job or promotion and you are passed over for a less qualified or experienced candidate. If you believe you’ve faced discrimination, speak with an attorney immediately.

What Should You Do if Your Job Is Discriminating Against You?

If your job discriminates against you, you should immediately engage the help of a qualified attorney experienced in employer discrimination cases. An experienced attorney can review your case and provide you with the legal advice you need to resolve it.

It may be in your interest to pursue legal action against your employer. Filing a claim through the California state legal system can be complicated, but with the help of an attorney, the process can be easier.

Can I Be Discriminated Against During the Interview Process?

Yes, it is possible for interview candidates to experience discrimination during the interview process. Discrimination during this process can come in the form of inappropriate questions. If the employer or interviewer asks questions about your age, disability, or marital status, that can be considered inappropriate and could lead to a discrimination claim.

For example, if you are over 40 years of age and the interviewer asks you about your age and ability to adapt to technology, that could be a sign of discrimination.

What Is Considered Discrimination in the Workplace in California?

Any behavior, action, or words that are directed toward an employee or colleague based on a protected characteristic of the employee are considered discrimination. This includes both intentional and unintentional conduct, such as a job-related directive or a joke made in the breakroom. Saying it was a joke is not an acceptable defense.

What Are the New Labor Laws for 2022 in California?

There are several new labor laws for 2022. Included amongst them are additional phase-ins of the minimum wage, which is dictated in Senate Bill 3. This raises the minimum wage for large employers to $15 per hour and for smaller businesses to $14 per hour. A large business is defined as any company that employs 26 or more employees.

What Is the Minimum Wage in California?

Beginning on January 1, 2024, the minimum wage in California will increase from $15 per hour to $15.50 per hour for all employees. However, if the local city or county ordinance has determined a higher rate of pay, then employers are required to pay that higher rate to their employees.

What Constitutes Discrimination in California?

Discrimination is the purposeful mistreatment of others based on protected classifications such as:
– Race
– Ethnicity
– Sexual orientation
– Age (over 40)
– Identified gender
– Abilities or disabilities
Everyone has a right to be treated fairly and equally by employers, places of business, and in their daily lives. If you believe that you may have been discriminated against at work, you should consult an employment discrimination attorney.

Contact Employment Discrimination Attorneys in California

Anyone who faces discrimination in the workplace understands how difficult the situation can be. Discrimination can take many forms, and it could come from coworkers or your employer. Either way, your employer could be held accountable for the discriminatory actions displayed in the workplace. If you have experienced workplace discrimination, whether from your coworkers or from your employees directly, you should consider speaking with an attorney.

The Shirazi Law Firm, PC, has a legal team ready to provide the assistance you need to resolve your discrimination case in a timely manner. Our attorney can provide the necessary passion, dedication, and determination to get the answers and resolution you need. We have experience resolving discrimination cases for individuals across the state of California. Contact our office today to see how our legal team can assist you with your case.

If you or someone you know is the potential victim of employment discrimination, it is important to seek help to be sure that your rights are protected and that you are treated fairly through the reporting process. At the Shirazi Law Firm, P.C., our team of attorneys has the experience and knowledge to help you navigate your workplace discrimination claim. Contact us today.