How the Law Defines Discrimination
Our Burbank attorney uses both state and federal statutes when building a workplace discrimination claim. The California Fair Employment and Housing Act (FEHA) prohibits covered employers from discriminating against workers and applicants because of a protected characteristic. Under California. Government. Code § 12940, these protections apply throughout the employment relationship, from hiring through termination. Federal laws, including Title VII of the Civil Rights Act and the Americans with Disabilities Act, may add further protection.
FEHA protects workers from unfair treatment based on characteristics that include:
- Race or color
- National origin or ancestry
- Religion or creed
- Sex or pregnancy
- Gender identity or expression
- Sexual orientation
- Disability or medical condition
- Age (40 or older)
The law also considers marital or military status as a protected characteristic. An employee treated differently because of one of these traits may have a valid claim, and our lawyer could determine whether an unlawful motive shaped the decision.
What Forms Can Workplace Discrimination Take?
Discrimination can surface at nearly any point in employment. An employer may refuse to hire or promote a qualified worker because of who they are, while others single an employee out for discipline. Some make openly biased statements, while others rely on coded language or selective enforcement of policy.
A company may insist that a decision reflected restructuring or poor performance even when the surrounding facts show that bias played a role. A lawyer handling professional mistreatment claims could compare how your employer treated similar Burbank workers and determine whether its stated reason holds up against its records.
Schedule a Free Consultation