Have you experienced unfair treatment at work? Unfortunately, workplace discrimination is a serious issue that affects many employees. Furthermore, this type of discrimination can happen in either subtle or overt ways, both of which can impact your career, income, and well-being.
Thankfully, California has some of the strongest workplace protections in the country, and a San Diego workplace discrimination lawyer can help you pursue justice in the face of discrimination. At Omega Law Group Accident & Injury Attorneys, we have decades of experience.
Together, our lawyers have recovered millions of dollars in compensation for victims of workplace discrimination just like you. As your San Diego employment lawyer, we’re all about putting our clients first. Always! Let our family take care of your family.
Types of Workplace Discrimination
Workplace discrimination can take many forms, though they are all often tied to an employee’s protected status under state and federal law. California laws—specifically the Fair Employment and Housing Act (FEHA)—provide protections against discrimination.
This is based on a broad list of characteristics. Let’s take a look at the main types of workplace discrimination.
Discrimination Based on Race or Color
Employees cannot be treated unfavorably due to their race, color, or ethnicity. This protection extends beyond overt racial slurs or harassment. It also covers subtle actions such as exclusion from projects, denial of promotions, or unjust disciplinary actions motivated by racial bias.
Discrimination Based on National Origin or Ancestry
Treating employees differently because of their birthplace, cultural background, or accent is unlawful. This also includes discrimination against individuals due to their ethnicity or heritage, even if they were born in the United States.
Sex and Gender Discrimination
Discrimination because of a person’s sex, gender identity, or gender expression is prohibited. California law recognizes protections for transgender individuals, gender nonconforming employees, and individuals who do not identify strictly as male or female.
Age Discrimination
Employees who are 40 years or older are protected against discrimination based on their age. This includes denial of employment opportunities, forced early retirement, or unfair treatment compared to younger employees.
Disability Discrimination
Employers cannot discriminate against individuals with physical or mental disabilities. Under FEHA and the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to help disabled employees perform their job duties unless doing so would cause undue hardship.
Religion and Religious Practices
Employees have the right to religious freedom in the workplace. Discrimination includes refusal to accommodate religious holidays or practices, or treating employees unfavorably because of their religious beliefs.
Sexual Orientation Discrimination
Discrimination against employees because of their sexual orientation is illegal. This includes biased treatment of lesbian, gay, bisexual, or heterosexual employees.
Marital or Familial Status
California law protects employees from discrimination based on their marital status or whether they have children or dependents.
Pregnancy Discrimination
Pregnant employees must be treated fairly and given accommodations for pregnancy-related conditions. Denying employment or forcing leave because of pregnancy is unlawful.
Other Protected Categories
California law also protects employees from discrimination based on genetic information, military or veteran status, citizenship status, medical condition, and even political affiliation.
Common Forms of Workplace Discrimination
Discrimination may manifest in a variety of workplace behaviors and practices. These often include:
- Rejecting qualified applicants or terminating employees based on a protected trait
- Denying raises, bonuses, or promotions to certain employees due to discrimination
- Assigning less desirable tasks or fewer responsibilities unfairly
- Subjecting employees to offensive or hostile environments related to protected status
- Punishing employees who complain about discrimination or participate in investigations
(310) 526-8383California Laws Protecting Against Workplace Discrimination
The Fair Employment and Housing Act (FEHA) is the primary California law that protects employees from discrimination, harassment, and retaliation in the workplace. FEHA applies to employers with five or more employees, including small businesses and large companies.
FEHA goes beyond federal protections in several ways. For example, FEHA provides broader definitions of disability and requires employers to provide reasonable accommodations to employees with disabilities or pregnancy-related conditions.
It also explicitly prohibits discrimination based on gender identity and expression. In addition to FEHA, other California laws, such as the California Family Rights Act (CFRA) and the California Equal Pay Act, provide additional protections related to discrimination and workplace fairness.
Remedies and Damages Available
Victims of workplace discrimination in California may be entitled to a variety of remedies:
- Back pay: This is compensation for lost wages or benefits due to discrimination.
- Front pay: Future lost earnings may be possible if reinstatement is not possible.
- Compensatory damages: These are for emotional distress or pain and suffering.
- Punitive damages: Monetary penalties can punish willful or malicious discrimination.
- Reinstatement: This ensures you can return to the same or a comparable position.
- Injunctive relief: Court orders like this can stop discriminatory practices.
California law often provides for broader damages than federal law, including higher caps on compensatory and punitive damages.
(310) 526-8383Contact Our Workplace Discrimination Law Firm in San Diego Today
If you or someone you care about has been treated unfairly at work due to discrimination, you don’t have to deal with the aftermath on your own. It’s normal to feel overwhelmed—after all, facing workplace injustice can take a toll on your mental, emotional, and financial well-being.
However, you’re not expected to handle it all by yourself. That’s where Omega Law Group comes into the picture. Our San Diego workplace discrimination attorneys are ready to stand by your side, fight for your rights, and help you move forward.
You don’t have to wait to get support. The sooner you reach out to our San Diego workplace discrimination law firm, the sooner we can sit down with you, get to know the details of your experience, and start working toward accountability. Call now.
