Workplace discrimination is one of the most damaging issues employees can face. It occurs when someone is treated unfairly at work because of who they are, not how they perform. Discrimination in the workplace undermines careers, creates toxic environments, and violates state and federal laws designed to protect workers.
Employees in California and across the U.S. are protected from discrimination based on race, disability, gender, religion, sexual orientation, pregnancy, and other protected categories. Yet, despite these protections, many workers still experience bias that affects their pay, promotions, assignments, or even their continued employment.
This guide explains what workplace discrimination looks like, the different types recognized by law, your legal rights, and the steps you can take to protect yourself.
Workplace discrimination happens when an employer treats an employee or job applicant unfairly based on a protected characteristic rather than on merit. This unfair treatment can affect hiring, pay, promotions, benefits, discipline, and termination.
Examples of workplace discrimination include:
Refusing to hire someone because of their age, gender, or religion.
Paying men more than women for the same work.
Denying promotions to employees of a certain race or ethnicity.
Refusing to provide reasonable accommodations for a disability.
Terminating an employee after they disclose a pregnancy.
Both federal laws (such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act) and California state laws (such as the Fair Employment and Housing Act) prohibit workplace discrimination.
Fairness and equality: Every employee deserves equal opportunity and treatment.
Mental health and productivity: Discrimination fosters stress, anxiety, and depression.
Workplace culture: Toxic environments reduce morale, trust, and collaboration.
Employer accountability: Companies that fail to address discrimination risk lawsuits, fines, and reputational harm.
Race discrimination occurs when employees are treated unfairly because of their race, skin color, or ethnic background. Examples include:
Racial slurs or derogatory remarks.
Passing over qualified candidates of certain races for promotions.
Implementing policies that disproportionately harm specific racial groups.
Title VII of the Civil Rights Act of 1964 prohibits race-based discrimination in hiring, promotions, and all other aspects of employment.
Disability discrimination happens when employers mistreat workers due to a physical or mental impairment or fail to provide reasonable accommodations. Examples include:
Refusing to hire someone with a disability despite their qualifications.
Denying modified work schedules or assistive technology.
Excluding employees with disabilities from meetings or opportunities.
The Americans with Disabilities Act (ADA) and California’s FEHA protect disabled employees and require employers to make reasonable accommodations.
Gender discrimination is broader than sexual harassment. It occurs when employees are treated differently because of their gender, gender identity, or gender expression. Examples include:
Paying women less than men for the same job.
Blocking promotions for employees based on gender stereotypes.
Discriminating against transgender or non-binary employees.
This type of discrimination is prohibited under Title VII and California law, which also explicitly protect gender identity and expression.
Religious discrimination involves mistreatment due to a person’s religious beliefs or practices. Examples include:
Refusing to allow an employee time off for religious observances.
Forcing workers to participate in religious activities against their will.
Making derogatory comments about religious attire or customs.
Employers must provide reasonable accommodations for sincerely held religious practices unless doing so creates undue hardship.
Sexual orientation discrimination happens when employees are targeted because they are gay, lesbian, bisexual, or otherwise part of the LGBTQ+ community. Examples include:
Denying promotions to openly gay employees.
Creating a hostile environment with anti-LGBTQ+ jokes or comments.
Offering fewer opportunities for same-sex couples to receive benefits.
The U.S. Supreme Court has confirmed that discrimination based on sexual orientation is prohibited under Title VII. California law also provides strong protections.
Pregnancy discrimination occurs when employers treat pregnant employees or those who recently gave birth unfavorably. Examples include:
Refusing to hire or promote someone because they are pregnant.
Denying medical leave related to pregnancy or childbirth.
Forcing a woman to take leave against her will due to pregnancy.
The Pregnancy Discrimination Act and state laws protect employees against this unfair treatment.
Although not in your list, age discrimination is also common and protected under the Age Discrimination in Employment Act (ADEA). Examples include:
Pushing older workers into early retirement.
Favoring younger employees for training or promotions.
Making derogatory comments about older employees’ abilities.
National origin discrimination occurs when employees are treated unfairly because of their birthplace, ancestry, culture, or accent. Examples include:
Mocking an employee’s accent.
Refusing to hire workers of a certain national origin.
Enforcing policies that disproportionately impact immigrant workers.
Discrimination may be direct and obvious, but often it is subtle. Warning signs include:
Being consistently passed over for promotions despite strong qualifications.
Pay discrepancies between employees doing the same job.
Harsh discipline applied to certain groups but not others.
Hostile remarks or jokes tied to protected characteristics.
Employees facing discrimination have important rights under federal and state law, including:
The right to a workplace free from discrimination.
The right to request accommodations for disabilities or religious practices.
The right to file a complaint with the EEOC or California Civil Rights Department.
The right to pursue legal remedies such as back pay, reinstatement, and damages.
Document everything – Keep records of incidents, emails, and conversations.
Review company policies – Follow internal complaint procedures.
Report the discrimination – Notify HR or management in writing.
File a formal complaint – With the EEOC or California Civil Rights Department if internal reports go unanswered.
Consult an employment lawyer – An attorney can evaluate your case, protect your rights, and help pursue justice.
Employers must:
Maintain anti-discrimination policies.
Train managers and staff.
Provide accommodations for disabilities and religious practices.
Investigate complaints promptly.
Take corrective action against violators.
Failure to meet these obligations can expose companies to lawsuits and financial penalties.
Prevention is key. Employers can:
Promote diversity and inclusion initiatives.
Offer regular training on discrimination and bias.
Encourage open reporting without fear of retaliation.
Ensure equal opportunities in pay, promotion, and benefits.
Workplace discrimination—whether based on race, disability, gender, religion, sexual orientation, pregnancy, or other protected categories—is unlawful and deeply harmful. You have the right to fair treatment and equal opportunity.
If you believe you’ve been discriminated against, do not stay silent. Speak to an experienced employment discrimination lawyer who can guide you through the legal process, hold your employer accountable, and fight for your rights.
Our firm proudly represents employees facing discrimination across Los Angeles County and the Inland Empire. Explore how we serve clients in your community:
