Types of Discrimination in the Workplace

You know something feels off at work. You can’t quite put a name to it, though. The reality is that it could be discrimination. California law identifies numerous types of discrimination in the workplace, and not all of them involve obvious slurs or bias. Knowing where those lines are drawn allows you to respond strategically instead of reacting emotionally.

Protected Characteristics Under California Law

Discrimination claims depend on whether the unfair treatment is tied to a legally protected characteristic. Federal and state laws protect California workers. Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) provide a federal baseline for discrimination protection. California’s Fair Employment and Housing Act (FEHA) expands on federal protections to protect more groups of people and provide more legal recourse. Currently, protected characteristics in California include:

• Race
• Color
• National origin
• Ancestry
• Religion
• Sex
• Gender identity and gender expression
• Sexual orientation
• Age (40+)
• Disability (physical and mental)
• Medical condition
• Genetic information
• Marital status
• Military or veteran status
• Pregnancy, childbirth, and related conditions
• Hairstyle and texture associated with race (CROWN Act protections)

Workplace discrimination occurs when an employee is treated differently because of their membership in a protected category.

Race and National Origin Discrimination

When unequal treatment is based on race, ethnicity, language, accent, or perceived origin, it’s discrimination. This includes racial stereotyping and cultural bias that influence workplace decision-making. An example of this type of discrimination in the workplace is only choosing to hire applicants of a particular race or avoiding hiring applicants who are of a specific ethnicity.

Sex, Gender, and Sexual Orientation Discrimination

Employees have the right to be evaluated based on performance rather than gender, gender identity, or sexual orientation. California law protects LGBTQ+ employees explicitly. It’s common for this type of discrimination to be connected with sexual harassment claims.

Age Discrimination

California workers over 40 are protected from age discrimination. Age discrimination often arises in hiring, promotion, and layoff decisions. A company may avoid hiring older adults. It may target older workers when making layoff decisions. Management could force or pressure older workers to quit or retire early.

Disability and Medical Condition Discrimination

Employers cannot treat employees differently based on their physical or mental disabilities. Employers are legally responsible for taking an active and engaged role in the interactive process. It is their duty to make reasonable accommodations for the employee.

Religious Discrimination

Discrimination based on religion is commonly seen through intolerance or a refusal to accommodate. Employers must reasonably accommodate religious practices. Conflicts may arise between religious tenets and company policies, such as grooming requirements, dress code, or scheduling issues.

Pregnancy and Family-Related Discrimination

Several federal laws protect workers who are pregnant or need to take time off to take care of immediate family members. The Pregnancy Discrimination Act (PDA), Pregnant Workers Fairness Act (PWFA), and FMLA protect against discriminatory actions. California also enacted specific protections for families with the California Pregnancy Disability Leave (PDL). These protections extend beyond the pregnancy to care-related activities, such as breastfeeding.

Less Obvious Types of Workplace Discrimination

Discrimination isn’t always overt or obvious. This is why speaking with a lawyer is so important. You may feel like something is “off” while at work. A lawyer can help identify signs of discrimination. With an attorney's guidance, employees can gather evidence and prepare a civil claim.

Disparate Impact

A company policy could seem neutral on its surface. However, when the policy was applied, it had a discriminatory effect. The policy disproportionately harms a protected group. There may not have been discriminatory intent when making the policy. However, an issue arises when company leadership is made aware of the discriminatory impact and does nothing to address it.

Harassment as Discrimination

Harassment and discrimination are distinct legal claims, but they often overlap. Workplace harassment is a separate legal claim, but it can overlap with discrimination.

Where Discrimination Occurs in the Employment Relationship

Employees rarely experience one defining and clear incident of workplace discrimination. More often, discrimination happens more subtly and over an extended period of time. Discriminatory actions can happen throughout the employment relationship.

During the hiring process, discriminatory decisions can be made about who to hire and who to reject. Background screening policies could have a discriminatory effect on who passes and is moved to the next round of hiring. Compensation decisions can reflect discrimination by having pay rates based on a protected characteristic. Denied benefits and subjective performance reviews often reflect bias.

Speak With a Lawyer

Workplace discrimination does not always manifest as obvious hostility. It can be embedded in policies, masked as performance issues, or hidden behind restructuring decisions. Knowing the various types of discrimination in the workplace empowers you to evaluate whether your employer’s conduct crosses a legal boundary. ADZ Law represents California employees in discrimination claims.

If you suspect unlawful treatment, reach out to ADZ Law for a confidential case evaluation.