Discrimination

A woman wearing a blue hijab in a professional setting with three people in the background engaged in conversation.

Workers face many forms of discrimination on the job. Discrimination can be overt, such as withholding non-monetary benefits based on an employee’s sexual orientation; or subtle, such as a pattern of steering more lucrative work assignments to male workers to the detriment of equally-qualified female workers.

While federal, state and local protections for each form vary, Stilz Law represents individuals and classes of employees victimized by discrimination on the basis of the following:

  • Race and Color: Discrimination based on race or skin color includes unfair treatment, racial slurs, or biased hiring and promotion decisions.

  • Ancestry and National Origin: Employers cannot treat employees unfairly due to their ancestry, birthplace, cultural background, or language.

  • Sexual Orientation: Protection extends to employees regardless of their sexual orientation, including heterosexual, homosexual, or bisexual individuals.

  • Gender Identity and Expression: Employees are safeguarded against discrimination for their gender identity, including transgender or non-binary identities, as well as how they express their gender.

  • Sex: Protection covers discrimination based on gender, including unequal pay and gender-based job assignments.

  • Pregnancy, Childbirth, and Related Medical Conditions: Employers must provide accommodations and cannot discriminate against employees due to pregnancy, childbirth, or related conditions.

  • Religion: Employees have the right to practice their faith without discrimination, and employers must provide reasonable accommodations for religious observances.

  • Disability: Individuals with physical or mental disabilities are protected, and employers must provide reasonable accommodations.

  • Age (for persons 40 and older): Age-based discrimination is prohibited, particularly in hiring, promotions, and layoffs.

  • Military or Veteran Status: Employers cannot discriminate against employees due to past or present military service.

  • Status as a Victim of Domestic Violence, Assault, or Stalking: Employees facing such challenges have protections, including leave for court proceedings and workplace accommodations.

  • Genetic Information: Employers cannot use genetic test results or family medical history to make employment decisions.

  • Political Affiliation or Activities: Employees are protected from retaliation or discrimination based on political beliefs or participation in political activities.

  • Medical or Health Conditions: Employers must accommodate employees with medical conditions, including chronic illnesses or temporary impairments.

  • Marital Status: Employees cannot be treated unfairly due to being single, married, divorced, or widowed.

‍In California, discrimination claims are filed with the Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. Employees can either request an immediate right to sue or wait for an agency investigation.

‍Discrimination claims are governed by federal and state laws, including Title VII of the Civil Rights Act and the Fair Employment and Housing Act (FEHA). FEHA offers broader protections, covering companies with five or more employees, compared to 15 under federal law. Discrimination can occur in hiring, promotions, termination, compensation, and workplace policies. Employers can also be held liable for discrimination based on perceived characteristics.

‍Retaliation for reporting discrimination is illegal, and employees may pursue claims if they experience adverse treatment. Proving discrimination often involves identifying subtle signs like sudden job performance concerns, exclusion from opportunities, or unfair rule enforcement.

‍If discrimination is proven, employees may recover damages such as lost wages, benefits, emotional distress compensation, and attorney fees. Legal assistance is crucial in navigating claims, and experienced attorneys can help secure justice for victims.