Understanding Workplace Discrimination: What the Law Protects

At The Gould Firm, we believe everyone deserves a workplace where dignity, fairness, and respect are the standard, not the exception. It is not only deeply unfair but illegal when employees face bias, harassment, or unequal treatment simply because of who they are, how they look, or other personal attributes. That is why our mission is to hold employers and those who permit misconduct accountable, so that over time, we can help make San Diego and California workplaces safer, more inclusive, and more just for everyone. 

We understand how isolating and overwhelming it can feel when you're mistreated at work. Whether you're experiencing subtle bias or outright discrimination, it can affect your confidence, your livelihood, and your well-being. You’re not alone. We are here to help you understand your rights, recognize unlawful behavior, and take the necessary steps. If something doesn’t feel right, it’s worth speaking up, and we’re here to support you when you do. 

Who Is Protected & What Legal Protections Exist  

When it comes to workplace discrimination, there are both federal and California laws that protect employees, applicants, interns, and sometimes contractors. These laws define what kinds of unfair actions are illegal and set out your rights for recourse. 

Federal Protections 

• Title VII of the Civil Rights Act of 1964 prohibits discrimination by covered employers (typically 15 or more employees) based on race, color, religion, sex, or national origin. 
• Americans with Disabilities Act (ADA) protects qualified individuals with disabilities, requiring reasonable accommodations unless they would impose an undue hardship. 
• The Age Discrimination in Employment Act (ADEA) protects individuals 40 years of age or older. 
• The Genetic Information Nondiscrimination Act (GINA) bars discrimination based on genetic information. 
• The Pregnancy Discrimination Act treats pregnancy, childbirth, or related medical conditions as sex discrimination. 
• The Equal Pay Act mandates equal pay for men and women doing substantially equal work. 

These federal laws provide a baseline of protections and typically require filing a claim with the Equal Employment Opportunity Commission (EEOC) before suing in federal court. 

California Protections 

California’s laws often go further than federal protection. The primary state law is the Fair Employment and Housing Act (FEHA). FEHA covers employers with five or more employees and prohibits discrimination, harassment, and retaliation in employment based on: 

• Race, color, national origin, ancestry 
• Sex, gender, gender identity, gender expression, sexual orientation 
• Age (40 and above) 
• Disability (physical or mental), medical condition 
• Genetic information 
• Marital status, pregnancy, childbirth, related medical conditions 
• Religion, creed 
• Military or veteran status 
• Other protected traits under state law   

Under FEHA, it is illegal to discriminate in hiring, firing, promotion, compensation, training, working conditions, and any term or privilege of employment. Harassment that creates a hostile work environment is also illegal. California also requires employers to provide reasonable accommodations for disabilities or pregnancy-related medical conditions (unless that imposes undue hardship), and to engage in the interactive process with employees who request them. 

Furthermore, under California law, even small workplaces (fewer than five employees) are subject to harassment rules under FEHA.  

In many cases, FEHA provisions allow you to bypass EEOC requirements and proceed under state protections or file dual claims. 

Examples of Workplace Discrimination 

Workplace discrimination can take many forms, some obvious, others more subtle, but all can have a profound impact on your career and well-being. Here are some common examples we see: 

1. Unequal Treatment or Denial Based on Protected Traits 

When an employee applies for promotion, is qualified, but is passed over in favor of someone of a different gender, race, or age, especially when supervisors make statements about “culture fit,” “younger energy,” or “someone more like us.” That may constitute illegal discrimination under FEHA and Title VII. 

2. Harassment or Hostile Work Environment 

Harassing comments, slurs, jokes, or conduct directed at an employee’s protected trait, if frequent or severe enough to alter working conditions, may create a hostile environment. For example, repeated derogatory remarks about disability, accent, religious garb, or transgender identity. 

3. Refusal to Accommodate or Termination After Request 

An employee requests leave or a schedule adjustment because of a medical condition or disability. The employer denies the request without engaging in discussion or retaliating. That violates FEHA’s duty to accommodate and cannot be used as a reason for termination. 

4. Pay Disparities 

If employees of a protected class receive lower pay for substantially similar work, without a legitimate, nondiscriminatory justification, that is illegal under both federal and California equal pay laws. 

5. Pregnancy Discrimination 

An employer fires or demotes a woman because she is pregnant, because she requests leave, or because of pregnancy-related medical restrictions, even temporarily. That is prohibited under both FEHA and federal law. 

6. Retaliation 

One of the most common issues arises when an employee complains internally or externally about discrimination, harassment, wage violations, or safety hazards, only to be demoted, transferred, disciplined, or terminated in retaliation. That is illegal under both federal and California laws. 

7. Assignment of Less Favorable Duties Because of Bias 

If an employee is reassigned to less desirable tasks or excluded from opportunities because of their protected characteristics (for example, an older worker or a pregnant person), that can be discriminatory. 

8. Disparate Impact 

Even policies that appear neutral (such as requiring specific height, weight, or physical benchmarks) may illegally discriminate if they disproportionately exclude certain protected groups and are not job-justified. 

When you experience behavior like this, there is a high likelihood your rights may have been violated, and you may be able to take serious legal action. 

What Retaliation Means and Why It’s Illegal 

Retaliation occurs when your employer takes adverse action against you because you engage in protected activity such as reporting discrimination, participating in investigations, requesting accommodations, or filing complaints. Even if the initial claim was not decided in your favor, you cannot be punished for asserting your rights. 

Adverse actions include termination, demotion, reduced hours, pay cuts, exclusion from projects, negative evaluations, or threats. Because retaliation is so common, many discrimination cases turn on proving that retaliation rather than performance was the motivating factor. 

Under FEHA and federal law, retaliation claims typically carry the same procedural steps as discrimination claims, and remedies are similar. 

Remedies & Compensation Available After Discrimination Claims 

If your claim succeeds, you may be entitled to multiple forms of relief, depending on the facts and laws. Remedies may include: 

• Back pay (lost wages from the time of discrimination to resolution) 
• Front pay (future lost earnings if reinstatement isn’t feasible) 
• Reinstatement or hiring 
• Compensatory damages (emotional distress, humiliation, mental suffering) 
• Punitive damages (in cases of particularly malicious conduct) 
• Out-of-pocket expenses (medical, relocation, job search costs) 
• Policy or workplace change (training, revised policies, monitoring) 
• Attorney’s fees and costs 

Under FEHA, many of these remedies are available to correct past harm and deter future offenses. Because discrimination often leaves hidden scars and lost opportunities, the full value of a claim may go beyond immediate economic loss. 

Taking Action: Reach Out Before It’s Too Late 

If you suspect discriminatory behavior, however subtle or overt, don’t wait until it escalates. Reach out to The Gould Firm early so we can evaluate your case, preserve evidence, and advise you of your rights. 

We offer free consultations to listen to your story, explain possible legal paths, and help you decide whether and how to move forward. Even a simple conversation can provide clarity on your options. 

You deserve workplace safety, fairness, and respect. When others violate those rights, we are here to fight for you. Contact us today, and together let’s create accountability, protect your rights, and work toward better workplaces in San Diego and beyond.