California Workplace Discrimination Attorney

Workplace discrimination occurs when an employer treats an employee or job applicant unfairly because of a characteristic protected by law.

California's Fair Employment and Housing Act (FEHA) provides some of the strongest workplace discrimination protections in the country and, in many situations, offers broader protections than federal law.

Discrimination may occur during virtually any stage of employment, including:

• Hiring
• Promotions
• Compensation decisions
• Job assignments
• Performance evaluations
• Discipline
• Layoffs
• Termination

California law also protects employees from retaliation when they report discrimination, participate in investigations, request accommodations, or exercise other protected workplace rights.

California's Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees or job applicants based on numerous protected characteristics, including race, national origin, age, disability, religion, sex, pregnancy, sexual orientation, gender identity, medical condition, and others.

While California law protects employees from many different forms of workplace discrimination, this page focuses on four of the most common discrimination claims handled by The

Kaufman Law Firm:

• Race discrimination
• National origin discrimination
• Disability discrimination
• Age discrimination

Each type of discrimination presents unique legal issues and may involve different evidence, employer obligations, and available remedies. Learn more about each practice area below.

California Racial Discrimination

Employees should never be treated differently because of their race, skin color, or perceived race. Yet racial discrimination continues to occur in workplaces throughout California, affecting hiring decisions, promotions, compensation, discipline, and termination.

Race discrimination may also involve racial harassment, offensive comments, unequal disciplinary practices, discriminatory workplace policies, or retaliation after an employee reports discriminatory treatment. Sometimes the discrimination is obvious, while in other cases it appears as a pattern of unequal treatment compared to similarly situated coworkers.

If you believe your employer has treated you unfairly because of your race, you may have legal rights under California and federal employment laws.

California National Origin Discrimination

National origin discrimination occurs when an employee is treated unfairly because of their ancestry, ethnicity, birthplace, accent, cultural background, or association with a particular nationality or ethnic group.

This type of discrimination can affect hiring decisions, promotions, compensation, job assignments, and termination. Employees may also experience harassment based on their accent, language, immigration status, or cultural traditions.

California law protects employees from discrimination based on national origin, and employers generally may not make employment decisions based on stereotypes or assumptions about a person's background.

California Disability Discrimination

Employees with physical or mental disabilities are protected against discrimination in the workplace and may be entitled to reasonable accommodations that allow them to perform the essential functions of their jobs.

Disability discrimination often occurs when employers refuse reasonable accommodations, fail to engage in the interactive process, retaliate against employees who request accommodations, or terminate employees because of a disability or medical condition.

California law provides some of the strongest workplace protections in the country for employees with disabilities. Understanding those rights can be essential when an employer fails to meet its legal obligations.

California Age Discrimination

Employees who are 40 years of age or older are protected from age discrimination under both California and federal law.

Age discrimination may involve refusing to hire older applicants, denying promotions, forcing employees into retirement, replacing experienced workers with younger employees, or terminating workers because of assumptions about age rather than job performance.

Older employees deserve to be evaluated based on their qualifications, experience, and performance—not stereotypes about age. When employers make employment decisions based on age rather than merit, they may be violating California employment laws.

Although these terms are often used together, harassment and discrimination are not the same.

Discrimination generally involves employment decisions, such as hiring, promotions, pay, discipline, or termination, based on a protected characteristic.

Harassment involves unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create a hostile, intimidating, or offensive work environment.

In many cases, employees experience both discrimination and harassment.

Employees who report discrimination should not have to fear losing their job or being punished for speaking up.

California law protects employees who:

• Report workplace discrimination
• File complaints with Human Resources
• Participate in workplace investigations
• Cooperate with government agencies
• Oppose discriminatory practices
• Exercise other protected workplace rights

Retaliation can include termination, demotion, reduced hours, undesirable transfers, negative performance reviews, or other adverse employment actions.

Not every act of discrimination is obvious. Sometimes it develops gradually or appears as a pattern over time.

Common warning signs include:

• Being denied promotions despite strong qualifications
• Unequal disciplinary action
• Lower pay than similarly situated coworkers
• Offensive comments or discriminatory "jokes"
• Being excluded from meetings or advancement opportunities
• Different workplace rules for different employees
• Sudden negative performance reviews without explanation
• Termination shortly after reporting discrimination

If something doesn't feel right, it's worth speaking with an employment attorney about your legal options.

Workplace discrimination claims often depend on documentation and timing.

Evidence may include:

• Emails
• Text messages
• Performance evaluations
• HR complaints
• Witness statements
• Payroll records
• Personnel files
• Employee handbooks
• Disciplinary records
• Written policies
• Termination paperwork

Employees should preserve documents they lawfully possess but should not remove confidential company information.

If an employer unlawfully discriminates against an employee, California law may provide several potential remedies depending on the facts of the case.

These may include:

• Lost wages
• Lost benefits
• Front pay
• Emotional distress damages
• Reinstatement
• Attorney's fees where authorized by law
• Punitive damages in appropriate cases

Every claim is different, and the available remedies depend on the evidence and applicable law.

Employment discrimination claims are subject to important filing deadlines.
In many situations, employees must first file an administrative complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit.

Because these deadlines vary depending on the circumstances, employees should seek legal guidance as soon as possible after experiencing discrimination.

For more than two decades, The Kaufman Law Firm has represented California employees facing workplace discrimination and other employment law violations.

Our firm provides:

• Personalized legal representation
• Clear communication
• Thorough case evaluation
• Experienced employment law advocacy
• Strategic guidance tailored to your situation
• Free case evaluations