Employees who are part of a protected group may suspect discrimination, but hesitate to report it or seek justice because they are not sure how to prove discrimination at work. As an employee, you are protected by law against discrimination and from retaliatory action, and an experienced attorney can help you prove your case.

At Valerian Law, P.C., our team of attorneys helps workers who are experiencing unfair working conditions. We have the experience and resources to help you seek compensation and a proven record of success. Our approach to working with clients involves empathy, respect, and effective legal representation and advocacy.

What Is Workplace Discrimination?

Workplace discrimination is the unfair treatment of an employee or group of employees based on characteristics protected under California and federal laws. The California Civil Rights Department outlines specific traits that are protected.

• Race or ethnicity
• Nationality and ancestry
• Religious beliefs
• Sexual orientation
• Gender identity
• Age when an employee is 40 or older
• Cognitive or physical disability
• Pregnancy
• Health conditions

Unlawful discrimination may involve the hiring process, promotions, firing, or demotions. Any retaliation in response to reporting discrimination is also unlawful.

Understanding the Legal Basis for Discrimination

It can be frustrating when hard work is overshadowed by unfair treatment in the workplace. In addition to the California law that offers protections for employees, there are also federal laws in place to protect your rights as an employee or job applicant. In 2024, the Equal Employment Opportunity Commission received 88,531 new charges of discrimination.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or religion, and the Americans with Disabilities Act prohibits discrimination against qualified workers based on a disability.

Types of Evidence That Can Prove Discrimination

Two types of evidence can be used in a workplace discrimination case. Direct evidence and indirect or circumstantial evidence.

Some examples of direct evidence may be:

• Health records if you were assaulted at work or if you sought mental health care because of discrimination.
• Pay stubs. Income information can show unpaid wages, low pay for the same job, or pay that is below minimum wage.
• Emails or voicemails. Emails or voice messages with discriminatory language can show who is acting in a discriminatory or harassing manner.
• A written log of discrimination. Written details about discriminating actions that include the date, time, person, and location.
• A copy of your employment contract or employee handbook.

Indirect evidence may be a situation where all of the employees reporting to a certain supervisor are young, white men, which could indicate race or age discrimination, or an employee is terminated or demoted after announcing a pregnancy.

Factors Needed to Prove Discrimination in the Workplace

In order to prove your case, a few key elements typically need to be met. You must:

• Be a part of a protected group under California discrimination laws or federal law.
• Be qualified for the job. Proving discrimination involves showing that an employer’s decision was based on a protected characteristic, and not your ability to do the job.
• Have experienced a negative action at work. Discrimination can be blatant or subtle, such as being passed over for a promotion, decreased pay, or comments from a co-worker about your protected characteristic.
• Show someone outside of your protected class was favored over you, or it is clear that your treatment was related to a bias.
• Show that the adverse action is linked to your race, disability, pregnancy, health issue, or age if you are over 40.

Hire a Discrimination Lawyer

If you have experienced unfair treatment at work, you may have grounds for a discrimination claim and should hire a discrimination lawyer. An experienced discrimination attorney can help determine whether you have a case, help gather the documentation and proof needed to file a complaint, and take the necessary steps to obtain compensation for you.

The process may include:

• Interviewing supervisors, managers, and coworkers who could support your version of the discrimination incidents
• Reviewing company policies to identify possible violations or lack of enforcement of policies by management
• Using legal channels to request internal records
• Preparing for negotiations, mediation, or trial if necessary

Your attorney can help you get justice by seeking discrimination penalties against your employer.

FAQs

What Do I Do If I Feel Like I’m Being Discriminated Against at Work?

If you feel like you are being discriminated against at work, you should document incidents of discrimination, report the incidents internally to your HR department or with management, and file a complaint with the California Civil Rights Department or the EEOC. You may also want to seek legal help from a highly-respected employment law firm, such as Valerian Law, P.C.

What Is a Protected Disability?

Under the Americans with Disabilities Act, a physical or mental impairment that can limit a substantial number of daily life activities could be considered a protected disability. Some examples of protected disabilities include blindness, asthma, deafness, major depression, obsessive-compulsive disorder, and anxiety. Learning disabilities such as dyslexia and autism are also protected, and chronic conditions such as migraines and chronic fatigue syndrome could be covered.

How to Prove Retaliation at Work?

If an employer retaliates after you file charges for workplace discrimination, you can use detailed records of adverse actions, copies of communications, and witness testimony to prove it. An attorney can help establish a causal connection between the adverse action of the employer and your claim and help you file a complaint.

Can You File a Claim Against Someone for Being Racist at Work?

You may have grounds to file a legal claim against someone who is racist at work. State and federal laws provide legal protection against racism, but it still occurs. Over 34 % of discrimination charges filed with the EEOC are for race discrimination. It is important to document the incidents to provide evidence of the discrimination, report it to HR, and file an official claim with the EEOC before seeking legal action.

Contact a Discrimination Lawyer

Experiencing discrimination at work in California can be stressful, overwhelming, and affect your daily life. If you are unsure about reporting it, contact Valerian Law, P.C. We can guide you through the process, help build a strong case to prove the discrimination, and provide comprehensive support.