What Makes Workplace Treatment Discriminatory?

Workplace discrimination occurs when an employer takes an adverse action against you because of a characteristic the law protects. California’s Fair Employment and Housing Act, or FEHA, generally applies to employers with five or more employees and prohibits discrimination in pay and other conditions of employment. Under California Government Code § 12940, the protected characteristics include:

• Race and color
• National origin or ancestry
• Religion
• Physical or mental disability
• Medical condition or genetic information
• Sex and gender identity
• Sexual orientation or age over 40
• Military or veteran status

Not every difficult experience is unlawful, because an employer may make a harsh decision for a lawful reason. In Los Angeles, what qualifies as discrimination depends on evidence connecting the adverse action to your protected status. Protection may also apply when an employer acts on a mistaken belief about your identity, or when a neutral policy disproportionately harms a protected group without a sufficient business reason. These distinctions are why a valid claim requires more than proof that a workplace decision simply felt unfair.

Common Forms of Discrimination and Retaliation

Discrimination reaches beyond termination. It may appear when an employer refuses to hire a qualified applicant or pays one worker less than comparable coworkers, and it can include denying a reasonable accommodation for a disability. Harassment tied to a protected characteristic can also violate California law when the conduct creates an abusive working environment, whether it comes from a supervisor or a coworker.

The law further prohibits retaliation against workers who report discrimination or request an accommodation, so a firing or demotion that follows a complaint may itself be unlawful. Discrimination that qualifies for a claim in Los Angeles often becomes clearer when similarly situated employees outside the protected group receive better treatment. A single stray comment rarely settles the question, while a consistent pattern usually carries far more weight.

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