What Is Employment Discrimination Under California Law?
Employment discrimination is when an employer treats an employee or applicant unfairly because of a legally protected characteristic. Under California Government Code § 12940, the law specifically defines a protected characteristic as per the following:
- Race
- Religious creed
- Color
- National origin
- Ancestry
- Physical & mental disability
- Medical condition
- Genetic information
- Marital status
- Sex
- Gender
- Gender identity
- Gender expression
- Age
- Sexual orientation
- Military or veteran status
On top of the law, California has additional supplemental state laws that prevent any discriminatory acts in the workplace. While discriminatory acts are often subtle, it can happen anytime from the hiring process to training and to even the final working days of a company.
Should a worker believe they are being mistreated due to a protected characteristic, they should consult with a labor attorney for clarity.
Common Types of Workplace Discrimination in Oakland
Race and National Origin Discrimination
According to a California census, Oakland’s workforce includes employees from many racial and cultural backgrounds, most predominantly Hispanic, White and Black.
Unfortunately, racial discrimination remains a serious issue in California workplaces and beyond. For examples, the following actions are some of the most common causes of workplace discrimination claims:
- Racial slurs or offensive comments
- Unequal discipline to employee of different races
- Failure to promote minority employees
- Segregation of job duties
- Discriminatory hiring practices
- Hostile work environments
Disability Discrimination
One of the most common forms of discrimination, disability discrimination is when employers do not provide reasonable accommodations for employees with disabilities. For context, reasonable accommodations may include things like modified work schedules, providing ergonomic equipment, and remote work arrangements, etc.
As employers are required to engage in a “good faith interactive process” with employees seeking accommodations under Government Code § 12940(n), any refusal or significant delay of accommodations can make the employer liable for discrimination claims. An employer’s liability extends to any penalties and punishments to disabled employees for any disability-related issues.
Pregnancy Discrimination
California law provides significant protections for pregnant employees. Under Government Code § 12945, employers are prohibited from discriminating against employees because of pregnancy, childbirth, or related medical conditions. To some people’s surprise, pregnancy discrimination may involve:
- Cutting hours after pregnancy disclosures
- Refusing modified duties
- Denying pregnancy leave
- Pressuring employees to resign
- Demoting pregnant employees
- Retaliation after maternity leave requests
Furthermore, California employers with five or more employees are generally required to provide reasonable accommodations for pregnancy-related conditions, meaning a company’s size does not excuse them from not providing proper accommodations to pregnant workers.
Age Discrimination
California law protects employees who are age 40 and older from workplace discrimination under the state’s Fair Employment and Housing Act. Which means employers cannot terminate, demote, refuse to hire, or deny promotions because of their age. However, there have been instances of age discrimination either in the form of favoring younger workers, forcing older employees to retire, and even denying them career advancement opportunities.
Gender and Sexual Orientation Discrimination
Another common form of discrimination in the workplace, gender and sexual orientation discrimination is when employers discriminate based on sex, gender identity, gender expression, and sexual orientation.
Employers cannot discriminate regarding compensation, promotions, hiring, or workplace treatment based on a person’s gender or sexual orientation. Additionally, California prohibits harassment and hostile work environments based on any gender-based characteristics.
Oakland Industries Where Workplace Discrimination Commonly Occurs
Alameda County is one of Northern California’s largest employment centers. According to the U.S census and labor market data, more than 520,000 workers both live and work within Alameda County. With over half a million people, employment discrimination can happen in virtually any workplace. However, out of all of industries in Oakland, the following sectors see the most amount of discrimination claims:
- Healthcare Workers – Hospitals and healthcare facilities throughout Oakland employ thousands of workers who may face discrimination involving disabilities, pregnancy accommodations, scheduling disputes, or retaliation.
- Port and Warehouse Employees – Workers connected to the Port of Oakland and surrounding logistics industries may experience discriminatory discipline, retaliation, or unequal treatment involving injuries, disabilities, race, or age.
- Restaurant and Hospitality Employees – Restaurant and hospitality workers often face discrimination involving language barriers, immigration concerns, pregnancy accommodations, scheduling, and harassment.
- Technology and Corporate Employees – Oakland’s growing tech industry has also seen disputes involving gender discrimination, retaliation, unequal pay, and workplace bias.
What Compensation Can Employees Recover in a Discrimination Case?
Employees who successfully pursue employment discrimination claims may recover compensation for both financial and emotional harm. Potential damages may include:
- Lost wages
- Future lost earnings
- Emotional distress damages
- Loss of benefits
- Punitive damages
- Reinstatement in certain cases
On top of the recoverable out-of-pocket costs, California Government Code § 12965 allows prevailing employees to recover attorney’s fees and other relief in employment discrimination cases. In order to get a better understanding of what damages you can recover, a skilled labor lawyer can help calculate the damages and let you know what you can recover.
How Do Workers Prove Employment Discrimination?
Discrimination cases often depend on patterns of conduct rather than direct admissions. As such, victims of discrimination would need to gather evidence that reveals and proves an employer’s unlawful behavior. With that in mind, affected employees should gather evidence such as:
- Emails and text messages
- Performance reviews
- Witness testimony
- HR complaints
- Internal company policies
- Timing of disciplinary actions
- Payroll and promotion records
- Comparative treatment of employees
Furthermore, affected employees should preserve workplace communications and documentation whenever possible, especially if the company has a policy regarding the deletion of chat history and communication records.
When Does Employment Discrimination Turn into Wrongful Termination?
California is generally an at-will employment state under California Labor Code § 2922, meaning employers can terminate employees for almost any lawful reason. However, employers cannot terminate employees for unlawful reasons, including discrimination. If an employee is fired because of a protected characteristic or because they reported unlawful workplace conduct, the employer may be liable for wrongful termination.
Examples of wrongful termination tied to discrimination may include:
- Firing an employee after a pregnancy announcement
- Terminating an employee after disability accommodation requests
- Laying off older employees while retaining younger workers
- Firing employees who report racial harassment
Contact an Oakland Employment Discrimination Lawyer Today
No employee should have to tolerate unlawful discrimination or harassment in the workplace. If an employer has treated their employee unfairly because of a protected characteristic, they may be eligible to file a discrimination claim to recover damages for any suffered losses.
At Lawyers for Justice, P.C. the firm’s team of dedicated discrimination attorneys are prepared to help workers throughout the legal process and help them understand their rights. With decades of experience representing clients from all walks of life, the firm is confident that they can provide top-tier legal representation to those in need.
Call the firm at (818) JUSTICE or complete the contact form to learn more about your case today.
