Discrimination, an age-old issue, continues to affect the modern workplace, with over half of US employees reporting personal experience or observation of discrimination1. Under the California Fair Employment and Housing Act (FEHA), discrimination against protected classes is illegal, yet cases persist. Unfair treatment based on factors like race, sexual orientation, or age remains prevalent. This article delves into the realm of California discrimination law, shedding light on your rights and the actions you can take for recourse.

Defining Employment Discrimination

To navigate the intricacies of workplace dynamics, awareness of your rights is paramount. As per the Equal Employment Opportunity Commission, discrimination involves unequal treatment rooted in personal attributes rather than merit2. This encompasses bias against individuals due to gender, religion, disability, and more.

The Role of FEHA

The FEHA law prohibits employers from engaging in discriminatory practices within the workplace3. Discrimination takes various forms, with direct and indirect manifestations. Direct discrimination involves overt mistreatment of individuals due to their protected attributes, while indirect discrimination arises from policies impacting specific groups negatively.

Recognizing Signs of Discrimination

Unearthing instances of workplace discrimination can be challenging, as employers often avoid creating tangible evidence. However, there are telltale signs to watch for:

• Exclusion of jobseekers based on protected attributes;

• Abrupt alterations in performance reviews;

• Shifts in work responsibilities and heightened workload;

• Unequal access to pay or benefits;

• Denial of promotions linked to protected characteristics.

Understanding FEHA: Your Shield Against Discrimination

FEHA stands as a sentinel against discriminatory practices within the workplace3. Discrimination assumes various forms, ranging from direct, evident bias to indirect policies that disproportionately affect specific groups.

Identifying Discrimination: Signs to Watch For

Identifying instances of workplace discrimination can be challenging, as employers often circumvent tangible evidence. However, certain signs may indicate discriminatory practices:

• Exclusion: Jobseekers face exclusion based on protected attributes;

• Performance Reviews: Unexplained alterations in performance review patterns;

• Workload Shifts: Changes in work responsibilities and increased workload;

• Pay Disparities: Unequal access to pay or benefits opportunities;

• Promotion Denials: Denial of promotions linked to protected characteristics.

Safeguarding Protected Classes in California

FEHA extends protection against discrimination linked to attributes such as race, gender identity, and political beliefs4. Age, disability, and marital status also enjoy legal safeguards. These protections encompass all groups, ensuring equity within workplaces. Federal laws, including the Civil Rights Act of 1964, complement these provisions.

Equal Treatment for Job Applicants

Discrimination laws extend to job applicants, prohibiting improper questions during interviews. Employers transgress regulations by inquiring about protected attributes. Applicants can be asked about essential job-related tasks, but non-essential medical or psychological exams are impermissible if not universally required.

Taking Action Against Discrimination

If you suspect discrimination, several proactive steps can be taken:

1. Documentation: Maintain meticulous records of discriminatory incidents;

2. Company Code of Conduct: Familiarize yourself with your company’s conduct guidelines;

3. Protection from Retaliation: Understand anti-retaliation measures to safeguard your claims;

4. Timely Claims: Be aware of time-bound claims to preserve your legal rights.

Filing an Employment Discrimination Lawsuit: Navigating the Process

To initiate a lawsuit, file a complaint with California’s Department of Fair Employment and Housing (DFEH). Exhaust administrative channels before pursuing legal action. Obtaining a right-to-sue notice from DFEH is crucial before proceeding. Skilled legal representation, such as Fraigun Law Group, is invaluable for navigating this intricate journey.

Comparing California Discrimination Laws: Key Points

Aspect	California State Law	Federal Law
Protected Attributes	Race, gender identity, religion, disability, age, marital status, and more	Varies based on federal laws and regulations
Scope of Protection	Extensive coverage for various protected attributes	Offers protection against discrimination on multiple grounds
Remedies Available	Compensation, punitive damages, reinstatement, injunctive relief	Similar remedies under federal law
Legal Enforcement	Enforced by California Department of Fair Employment and Housing (DFEH)	Enforced by Equal Employment Opportunity Commission (EEOC)
Time Limits	One year to file a lawsuit in state court	Varies based on federal law and type of claim

Video Guide 

In order for you to understand even more precisely all the subtleties and nuances, we have prepared a special video explanation for you. Enjoy watching it. 

Conclusion

Empower yourself with the knowledge to ensure fairness and equity within your workplace. Understanding California’s discrimination laws empowers you to protect your rights and seek appropriate remedies when needed.

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