San Diego Harassment & Discrimination Claims

Every person deserves to feel safe, respected, and valued in their workplace. Yet far too often, employees in San Diego experience unfair treatment, humiliation, or exclusion based on who they are rather than how they perform. At The Gould Firm, we believe that discrimination and harassment have no place in any workplace. Our San Diego employment attorneys are dedicated to protecting the rights of California workers under the Fair Employment and Housing Act (FEHA) and federal civil rights laws. Whether you’ve been denied promotions, subjected to offensive comments, or terminated for unfair reasons, our firm can help you understand your rights, take action, and recover justice. 

Understanding Workplace Discrimination in California 

California law provides stronger and broader protections against workplace discrimination than in almost any other state. Under the California Fair Employment and Housing Act (FEHA), it’s illegal for an employer to discriminate against an employee or job applicant based on any protected characteristic, including race, gender, age, disability, sexual orientation, religion, and more. 

Discrimination isn’t always blatant. It can show up in subtle ways; a pattern of denied promotions, unequal pay, or being pushed out of a position for reasons that “don’t add up.” Recognizing these patterns is the first step toward protecting your rights. Here are the most common forms of discrimination we see at The Gould Firm: 

1. Race and National Origin Discrimination 

Employees of color or those from diverse ethnic or national backgrounds may face unfair treatment, unequal pay, or exclusion from advancement opportunities. 

 
Examples include: 

• Being passed over for promotions in favor of less-qualified coworkers 
• Facing racial slurs, stereotypes, or coded comments 
• Being disciplined more harshly than others for the same conduct 

California law and federal law, under Title VII of the Civil Rights Act, strictly prohibit these practices. 

2. Gender and Pregnancy Discrimination 

Gender-based bias continues to be a widespread issue in workplaces across California. Women and gender-diverse employees may face unequal pay, harassment, or discrimination during or after pregnancy. Common examples include: 

• Being denied promotions due to pregnancy or caregiving responsibilities 
• Unequal pay for equal work 
• Being excluded from projects or leadership roles 
• Derogatory or sexualized comments in the workplace 

Under FEHA and the Pregnancy Disability Leave Law, employers must provide reasonable accommodations and cannot penalize employees for taking protected leave. 

3. Disability Discrimination 

California employers are legally required to engage in a good-faith interactive process and provide reasonable accommodations for employees with disabilities, whether physical, mental, or chronic health conditions. Examples of unlawful treatment include: 

• Refusing to provide modified duties or flexible schedules 
• Disclosing an employee’s medical information 
• Terminating or demoting someone after they request accommodation 

The Americans with Disabilities Act (ADA) and FEHA both provide robust protections for disabled employees. 

4. Age Discrimination 

Under both FEHA and the Age Discrimination in Employment Act (ADEA), employees aged 40 and older are protected from being sidelined, replaced by younger workers, or denied opportunities based on age. Examples of age discrimination include: 

• Being told you’re “overqualified” or “too experienced” 
• Being excluded from new training or technology opportunities 
• Facing layoffs that disproportionately target older employees 

Age bias is one of the most common and most misunderstood forms of workplace discrimination in California. 

5. Sexual Orientation and Gender Identity Discrimination 

California was one of the first states to extend full workplace protections to LGBTQ+ employees. Discrimination based on sexual orientation, gender identity, or gender expression is strictly prohibited. Examples include: 

• Being denied equal benefits for same-sex partners 
• Being misgendered, mocked, or subjected to offensive comments 
• Facing retaliation for transitioning at work 

At The Gould Firm, we stand proudly with LGBTQ+ workers who face mistreatment or retaliation. No one should have to hide who they are to feel safe at work. 

Signs of Harassment and Hostile Work Environment 

Harassment occurs when unwanted behavior based on a protected characteristic, such as race, gender, age, or disability, creates an intimidating, hostile, or offensive work environment. Unlike discrimination, which often involves employment decisions (such as hiring or firing), harassment focuses on how an employee is treated at work. 

Who Can Be a Harasser? 

Harassment doesn’t have to come from your boss. It can come from: 

• Supervisors or managers 
• Coworkers or subordinates 
• Clients, vendors, or customers 

Employers are legally required to prevent and correct harassment once they know, or should know, that it’s occurring. Failure to take immediate corrective action can make them liable under California law. 

Examples of Harassment and Hostile Work Environment 

• Repeated sexual comments or advances 
• Offensive jokes, slurs, or images about race, religion, or gender 
• Unwanted touching or physical intimidation 
• Mocking accents, disabilities, or personal appearance 
• Retaliation after rejecting advances or reporting harassment 

Even if the harassment isn’t physical, it can still be illegal if it’s severe or pervasive enough to interfere with your ability to do your job. 

How to File a Harassment or Discrimination Claim in California 

Standing up to discrimination or harassment takes courage, and having an experienced legal team makes all the difference. The Gould Firm guides clients through every step of the process, ensuring your rights are protected and deadlines are met. Here’s what to expect: 

1. Internal Reporting 

Whenever it’s safe to do so, report the issue to your HR department or supervisor. Employers are legally obligated to investigate and address your complaint. Keep copies of all communications and take detailed notes about each incident. 

2. Agency Complaints (DFEH or EEOC) 

If internal reporting doesn’t resolve the issue, or you fear retaliation, you can file a complaint with: 

• The California Civil Rights Department (formerly DFEH) 
• The Equal Employment Opportunity Commission (EEOC) 

Both agencies investigate claims and can issue a “Right to Sue” letter, which allows you to file a civil lawsuit if your employer fails to correct the problem. We recommend speaking with our team before filing any claim to ensure your rights are fully protected and to help you navigate the process safely. 

3. Filing a Lawsuit 

Once you receive a Right to Sue notice, The Gould Firm can file a lawsuit in California state or federal court on your behalf. This step allows you to seek: 

• Lost wages and benefits 
• Compensation for emotional distress 
• Punitive damages (in cases of extreme misconduct) 
• Attorneys’ fees and costs 

Our attorneys handle every stage from investigation to negotiation to trial, so you can focus on moving forward. 

4. Protection Against Retaliation 

California law strictly prohibits retaliation against employees who report or oppose discrimination or harassment. If your employer demotes, fires, or otherwise punishes you for speaking up, you may have an additional legal claim for retaliation, and we’ll fight to enforce it. 

Why The Gould Firm Wins When Employers Cross the Line 

At The Gould Firm, we’ve built our reputation on standing up for San Diego workers who’ve been silenced, ignored, or mistreated. Our results come from experience, dedication, and an unwavering belief that every worker deserves dignity and justice. Here’s what sets our firm apart: 

• Deep Experience in Discrimination and Harassment Cases: From high-profile harassment suits to subtle patterns of pay inequity, we’ve helped employees across industries recover meaningful compensation and accountability. 
• Compassionate, Confidential Representation: We understand how personal and painful these cases can be. Our team provides judgment-free support, protecting your privacy while pursuing justice aggressively. 
• Proven Results, Local Commitment: As a San Diego-based firm, we know the local courts, industries, and employer practices that shape employment disputes across Southern California. Our track record speaks for itself, from negotiated settlements to jury verdicts. 

Take the First Step Toward a Safer, Fairer Workplace 

If you’ve been harassed, discriminated against, or retaliated against at work, you don’t have to face it alone. California law is on your side, and The Gould Firm is ready to stand with you. Contact The Gould Firm today for a confidential consultation with an experienced San Diego employment discrimination and harassment attorney. We’ll explain your rights, help you gather evidence, and fight for the justice you deserve.