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What Is Employment Discrimination in California’s Law
All workers in the United States are protected from employment discrimination under federal law, which prohibits unfair treatment based on characteristics like race, religion, gender, age, and disability. In addition to these federal protections, California has its own state laws that offer broader coverage, often considered some of the strongest anti-discrimination protections in the country.
Discrimination occurs when someone is treated unfairly in the workplace because of a protected characteristic. This can affect hiring, pay, promotions, job assignments, or lead to wrongful termination or retaliation. Understanding how employment discrimination is defined is the first step in recognizing your rights and deciding when to seek legal help.
The Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA) is a cornerstone of California’s employment laws, designed to protect workers from discrimination, harassment, and retaliation in the workplace. It is a state-specific law that expands protections beyond those offered at the federal level.
Among the protections included in FEHA are safeguards against unfair treatment based on race, color, religion, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental or physical disability, medical condition, age (40 and over), pregnancy, and the denial of family and medical leave.
The law applies to a broad range of workers—including employees, applicants, independent contractors, and interns—and covers employers with five or more employees. It plays a key role in promoting fairness and dignity in California workplaces.
Recognizing Possible Signs of Workplace Discrimination
Discrimination in the workplace can take many forms, and it’s not always easy to recognize. You may start to feel that certain decisions or patterns — such as being passed over for promotions or treated differently than coworkers — don’t align with your performance or qualifications.
If you’re concerned that you may be experiencing unfair treatment, speaking with an employment attorney can help you better understand your rights and whether your experience might qualify as discrimination under California law.
Below are some examples of how discrimination may appear in the workplace.
Lack of Diversity
A lack of diversity in the workplace is not, on its own, evidence of discrimination — but it can sometimes signal deeper issues related to hiring practices or workplace culture. In environments where few employees share a common background or identity, individuals may feel isolated or unsupported.
If underrepresentation is accompanied by unequal treatment, exclusion from opportunities, or biased decision-making, it may be worth discussing your experience with an employment attorney to better understand whether your rights have been violated under California law.
Gender Bias
Gender bias occurs when an employee is treated differently based on their gender, which may involve disparities in scheduling, pay, work assignments, or promotion opportunities. In some workplaces, patterns of favoritism toward one gender over another — such as consistently assigning better shifts or advancement opportunities — may signal potential discrimination.
Under California law, gender is a protected characteristic, and unequal treatment based on gender may violate employment discrimination laws. If you’ve noticed patterns that raise concern, speaking with an employment attorney can help clarify your rights and whether further action may be appropriate.
Missed Promotions or Special Assignments
Being passed over for a promotion or high-profile assignment can be disappointing — and in some cases, it may raise concerns about workplace discrimination. If those decisions appear tied to characteristics like race, gender, age, or another protected trait rather than qualifications or performance, they may warrant a closer look.
Under both federal and California law, employers are prohibited from making employment decisions based on protected characteristics rather than merit. If you suspect a pattern of unfair treatment, an employment attorney can help assess whether your rights may have been violated.
Disciplinary Actions That Raise Concerns
Inconsistent or excessive disciplinary action may raise red flags — especially if an employee is penalized more harshly than others for similar behavior, or if the discipline appears tied to a protected characteristic like race, gender, age, or disability.
Federal and California laws prohibit employers from disciplining employees based on discriminatory factors rather than conduct or performance. If you’ve experienced discipline that seems unjustified or inconsistent with how others were treated, it may be worth speaking with an employment attorney to explore whether discrimination could be a factor.
How California Discrimination Employment Lawyers Can Help
Workplace discrimination can be difficult to recognize and even harder to confront. A California employment discrimination lawyer can help you make sense of your situation, explain how the law applies, and guide you through each step of the process, from documenting your experience to filing a formal complaint.
If legal action is appropriate, your attorney can help prepare your case and represent you in negotiations or in court. With knowledgeable legal support on your side, you’ll be better equipped to protect your rights and take action with confidence.
To get started, contact Colby Law Firm for a risk-free case evaluation at (818) 431-2570 or by using the form below.
Do You Have a Discrimination Case?
At Colby Law Firm, we help California workers understand their rights under employment discrimination laws, including Title VII and the Fair Employment and Housing Act (FEHA). Our team has experience handling a range of workplace discrimination matters and can help you assess whether your situation may qualify for legal action.
If you believe you’ve experienced discrimination on the job, you can submit your information for a free case evaluation. Our team will review your submission to determine whether it’s a matter we may be able to assist with.
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Colby Law Firm
Aaron Colby is a California employment lawyer who knows how to resolve disputes. After 15 years representing companies, he started Colby Law Firm to represent employees. Aaron’s perspective and experience from being “on the other side” gives him an edge. Aaron brings his practical, focused, and relentless approach to helping employees protect their rights.
Aaron Colby
Lead Attorney and Founder Colby Law