What Are Your Rights After Experiencing Workplace Discrimination?

What Are Your Rights After Experiencing Workplace Discrimination?

Going to work every day is hard enough without the added weight of unfair treatment. When you are singled out because of who you are can leave you feeling isolated in an environment where you should be receiving support from management and colleagues. Many employees suffer in silence, fearing retaliation or simply not knowing if what they are experiencing is illegal. At the Law Offices of Jeannette A. Vaccaro PC, we understand the heavy toll this takes on your career and emotional well-being. We want you to know that you are not powerless. California law provides robust protections for workers. Understanding these rights is the first step toward reclaiming your dignity and your career.

If you’re facing discrimination as an employee, here’s what you should know:   

• You are protected: California law prohibits discrimination based on race, gender, disability and many other characteristics.
• Documentation is key: Keeping detailed records of incidents is crucial for building a case.
• Retaliation is illegal: Your employer cannot fire or punish you for reporting discrimination.
• There are time limits: You have specific deadlines to file complaints with state agencies or in court.

What Classes Are Protected Under California Law?

Discrimination isn’t just about a boss being “mean.” To be legally actionable, the mistreatment must be based on a protected characteristic. California’s Fair Employment and Housing Act (FEHA) offers some of the strongest protections in the country, covering a wider range of classes than federal law alone.

Under California law, it is illegal for an employer to discriminate against you based on:

• Race, color and ancestry: This includes discrimination based on physical traits associated with race, such as hair texture.
• Disability: Mental and physical disabilities are both protected, and employers must provide reasonable accommodations.
• Sex and gender: This includes pregnancy, childbirth, breastfeeding and related medical conditions.
• Sexual orientation and gender expression: You have the right to be your authentic self at work.
• Medical condition and genetic information: Employers cannot make decisions based on your health history or genetic markers.

How do I know if I am experiencing unlawful discrimination?

Recognizing discrimination can be difficult because it isn’t always obvious. While it can take the form of slurs or offensive comments, it is often more subtle and systemic. Unlawful discrimination occurs when an employer carries out an “adverse employment action” against you motivated by one of the protected characteristics listed above.

Adverse employment actions can include:

• Termination or firing: Being let go without a valid performance-based reason.
• Demotion or failure to promote: Watching less qualified individuals advance while you remain stagnant.
• Denial of benefits or training: Being excluded from opportunities that could help your career growth.
• Hostile work environment: Being subjected to severe or pervasive harassment that makes it impossible to do your job.

If you suspect that any of these actions were taken because of your protected status, you may have grounds for a legal claim.

What evidence helps build a discrimination case?

If you believe you are being discriminated against, gathering evidence is beneficial. This documentation contextualizes your claim and can help your attorney demonstrate that the treatment you faced was unlawful.

Here are steps you can take to strengthen your potential case:

• Keep a detailed journal: Write down every incident of discrimination, including dates, times, locations, what was said or done and who witnessed it.
• Save written communications: Preserve emails, text messages, memos or performance reviews that demonstrate unfair treatment or contradict your employer’s stated reasons for their actions.
• Review the employee handbook: Familiarize yourself with your company’s policies on discrimination and harassment to see if they were violated.
• Report the behavior: Follow your company’s internal procedures to report the discrimination to HR or a supervisor in writing. This creates a record that the company was aware of the issue.

What legal remedies are available to victims?

If your claim is successful, you may be entitled to various forms of compensation and corrective action. Potential remedies in a discrimination lawsuit may include:

• Back pay and front pay: Compensation for the wages and benefits you lost, and potentially future wages you would have earned.
• Reinstatement: Getting your job back if you were wrongfully terminated.
• Emotional distress damages: Compensation for the pain, suffering and anxiety caused by the discrimination.
• Punitive damages: In cases involving especially malicious conduct, the court may decide to award additional damages as punishment and to deter future misconduct.
• Policy changes: Court orders requiring the employer to change their practices or provide training to prevent future discrimination.

Let Us Fight for Your Rights

Facing a powerful employer can be intimidating, but you do not have to do it alone. At the Law Offices of Jeannette A. Vaccaro PC, we are dedicated to shedding light on injustices and helping clients move beyond these troubling times. If you believe your rights have been violated, contact us today for a free case evaluation. Let us help you navigate the legal system and fight for the justice you deserve.