Understanding Workplace Discrimination: A Guide for Employers and Employees

Workplace discrimination can have serious consequences, impacting employees through wrongful termination, harassment, or retaliation for reporting misconduct. Both federal and state laws provide strong protections against workplace discrimination, and it is essential for employees to know their rights and for employers to understand their legal obligations. At the Law Offices of Paul Cheng & Associates (PPRCLaw), we are dedicated to helping businesses and employees navigate employment law to promote a fair and lawful workplace.

Workplace Discrimination Laws: Rights and Responsibilities

Federal and California state laws prohibit discrimination based on various protected characteristics, including:

Race
Religion
Color
National origin
Gender
Gender identity
Gender expression
Sex
Sexual orientation
Physical disability
Mental disability
Medical condition
Age (40 and older)
Military or veteran status

Employees who experience workplace discrimination have legal rights and options to pursue justice. Employers, on the other hand, must ensure compliance with these laws to avoid costly litigation and reputational damage.

Reporting Workplace Discrimination in California

Before initiating a lawsuit against an employer for discrimination, employees must follow specific legal procedures. The first step is filing a formal charge with the Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH). This agency is responsible for investigating discrimination complaints and determining if legal violations occurred. Employees may also file a simultaneous complaint with the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing anti-discrimination laws.

Options for Proceeding with a Complaint

There are two primary ways to obtain the right to sue from these agencies:

Immediate Right to Sue Notice – Employees may request an immediate right to sue notice without undergoing a CRD or EEOC investigation. However, this means the complaint will not be investigated before litigation begins.
Agency Investigation Before Litigation – Alternatively, employees can allow CRD or EEOC to investigate their complaint. If the agency finds no violation, the employee will still receive a right to sue notice and can proceed with litigation.

Filing a charge with the CRD or EEOC has strict deadlines, making it essential to consult with an experienced employment discrimination attorney to ensure compliance with these requirements.

Filing a Workplace Discrimination Lawsuit

Once an employee obtains a right to sue notice, they can file a lawsuit in the California Superior Court in the county where the discrimination occurred. The legal process includes:

Filing the Complaint – A formal lawsuit is initiated, and the employer is served with an official complaint.
Employer’s Response – The employer has the opportunity to respond to the allegations.
Litigation and Trial – If the case is not resolved through settlement negotiations, it proceeds to trial, where evidence and arguments are presented before a judge or jury.
Judgment and Compensation – The court determines whether discrimination occurred and, if so, the amount of damages the employee is entitled to receive.

Employers often seek to settle cases before they reach trial due to the financial risks and unpredictability of a court verdict.

Key Elements of a Workplace Discrimination Claim

Under federal law, Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment practices, including hiring and termination, when based on a protected characteristic. California’s Fair Employment and Housing Act (FEHA) provides even broader protections by covering more protected classes and applying to companies with as few as five employees.

Both laws prohibit discrimination in:

Compensation
Training
Hiring and employment practices
Termination
Promotions
Benefits
Providing reasonable accommodations

Employees must prove that they belong to a protected class and that their employer took adverse action against them due to their membership in that class. Additionally, even perceived discrimination—where an employer acts on incorrect assumptions about an employee’s identity—may still constitute a legal violation.

Protection Against Retaliation

Employees may hesitate to report workplace discrimination due to fear of retaliation. However, both federal and state laws prohibit employers from taking adverse actions against employees who file discrimination complaints. Retaliation may include termination, demotion, or other negative employment actions. Employers who retaliate against employees can face severe legal consequences.

Identifying and Proving Workplace Discrimination

Discrimination can be difficult to prove because employers often attempt to conceal unlawful conduct. However, signs of workplace discrimination may include:

Sudden negative performance evaluations
Being passed up for promotions despite being qualified
Unexplained changes in job duties
Unequal enforcement of workplace policies
Exclusion from meetings or professional opportunities

Employees who successfully prove discrimination may be entitled to various damages, including:

Back pay with interest
Lost wages due to denied promotions or raises
Pension and health insurance benefits
Emotional distress compensation
Pain and suffering damages
Attorney and legal fees

Additionally, in egregious cases, employees may be awarded punitive damages to punish the employer for particularly severe misconduct.

Final Thoughts: Ensuring Compliance and Protecting Employee Rights

For employees, understanding your rights is the first step toward seeking justice. For employers, implementing strong anti-discrimination policies and providing proper training can prevent legal disputes and foster a fair workplace.

If you have experienced workplace discrimination or need guidance on employment law compliance, the Law Offices of Paul P. Cheng & Associates is here to help. Contact our firm today for experienced legal counsel tailored to your specific situation.