Workplace discrimination can be subtle or overt, but it often follows recognizable patterns. Recognizing the signs early can help you protect your career and your legal rights under California's Fair Employment and Housing Act (FEHA).
The Azizi Firm has represented employees throughout California who have experienced various forms of workplace discrimination. We know what to look for and how to build a strong case.
Common signs include: being passed over for promotions despite strong qualifications while less-qualified coworkers outside your protected class advance; receiving disproportionately negative performance reviews after years of positive evaluations; being excluded from important meetings, projects, or training opportunities; hearing derogatory comments or 'jokes' about your race, age, gender, religion, or other protected characteristics; being assigned less desirable work or shifts than similarly situated coworkers; and a sudden change in how management treats you after they learn of a protected characteristic (such as a pregnancy or disability). These patterns, especially when documented, can be powerful evidence of discrimination.
California's Fair Employment and Housing Act (FEHA) protects against discrimination based on: race, color, national origin, ancestry, religion, creed, age (40 and over), disability (physical and mental), sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, genetic information, pregnancy, military or veteran status, and political affiliation. This is broader than federal law and covers employers with 5 or more employees (compared to 15 under federal law). California also prohibits discrimination based on an employee's association with someone in a protected class.
Not all unfair treatment is illegal discrimination. For treatment to be illegal, it must be based on a protected characteristic like race, gender, age, disability, or another category protected by law. A boss who treats everyone poorly is not necessarily discriminating — but a boss who treats employees differently based on their race, gender, or other protected characteristics may be. Key factors to consider: Are you being treated differently than similarly situated coworkers outside your protected class? Is there a pattern of adverse treatment targeting people who share your protected characteristic? Did the negative treatment begin after your employer learned of your protected status? An employment lawyer can help you evaluate whether your situation constitutes actionable discrimination.
Document everything in writing. Keep a detailed journal with dates, times, locations, people present, and a description of each discriminatory incident. Save emails, text messages, and any written communications that demonstrate bias. Keep copies of performance reviews, pay stubs, and personnel file documents. Note who witnessed discriminatory incidents. Save any evidence of your qualifications and achievements. If you report discrimination internally, document to whom you reported it, when, and what response you received. Do not store this documentation only on your work computer — keep copies on personal devices or email accounts. This documentation is critical for building a discrimination case.
Yes, failure to provide reasonable accommodation for a known disability can constitute unlawful discrimination under California's FEHA and the federal Americans with Disabilities Act (ADA). Employers are required to engage in an interactive process with employees to determine reasonable accommodations. These accommodations may include modified work schedules, ergonomic equipment, job restructuring, reassignment to a vacant position, or modifications to workplace policies. The employer is not required to provide accommodations that would cause undue hardship, but the burden of proving undue hardship is high. If you requested an accommodation and your employer refused without engaging in the interactive process, you may have a valid discrimination claim.
No, pregnancy discrimination is explicitly illegal under California law. The California Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations for pregnancy-related conditions, including time off for prenatal care, modified work duties, and pregnancy disability leave (PDL) of up to 4 months. Employers cannot fire, demote, or otherwise discriminate against an employee because she is pregnant, has a pregnancy-related condition, or requests pregnancy accommodations. California law also provides protections for lactation accommodation. If you've experienced adverse treatment related to pregnancy, you may have a strong discrimination claim.
Age discrimination occurs when an employee aged 40 or older is treated unfavorably because of their age. Common signs include: being replaced by a significantly younger worker; being excluded from training opportunities offered to younger employees; hearing age-related comments about being 'over the hill,' 'set in your ways,' or the company needing 'fresh blood'; being pressured to retire; being laid off as part of a reduction in force that disproportionately affects older workers; or being passed over for promotion in favor of younger, less experienced candidates. California's FEHA provides stronger age discrimination protections than federal law, and age discrimination claims must be taken seriously.
If you are experiencing workplace discrimination, contact The Azizi Firm for a free consultation. We represent employees throughout California and will fight to protect your rights.
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