Workplace discrimination remains a persistent issue in many organizations, despite advancements in societal attitudes and legal frameworks. Such discrimination not only undermines employee morale, but also hampers overall productivity and tarnishes company reputations.
Understanding the various forms of workplace discrimination is crucial for fostering an inclusive and equitable work environment. Let’s dive in with this Freeburg & Granieri APC guide.
Despite decades of progress in civil rights and employment law, workplace discrimination remains deeply rooted. Why? Because prejudice often wears a suit and tie.
It shows up subtly—in who gets promoted, who’s included in meetings, and even who gets invited for coffee. Implicit biases, outdated systems, and poor accountability keep the cycle spinning.
Think about it—how can a team thrive when some members feel invisible, unheard, or unsafe? Discrimination stunts professional growth, fuels stress, and deteriorates mental health.
Over time, it poisons the workplace culture and leads to high turnover, legal battles, and a damaged brand reputation.
If you've experienced unfair treatment, you might wonder—is this legal? That’s where legal expertise comes in. Unfair treatment is not always illegal treatment, but it might be.
At Freeburg and Granieri APC, you don’t just get a lawyer, you get an advocate. Our experienced civil litigators in Pasadena, CA, are dedicated to ensuring you’re treated with the dignity you deserve.
Understanding the legal framework helps you spot the red flags early.
Not all unfair treatment is illegal. For behavior to be legally defined as discrimination, it must be based on a protected characteristic and result in an adverse employment action—like termination, demotion, or harassment.
California law protect employees from discrimination based on:
Discrimination doesn’t always announce itself—it hides behind policies, behaviors, and excuses. Here’s a breakdown of the most common and legally recognized types of workplace discrimination.
Racial and ethnic discrimination involves treating individuals unfavorably because of their race or personal characteristics associated with race. This form of discrimination can manifest in various workplace scenarios, leading to significant disparities and injustices.
Employers may consciously or unconsciously favor candidates of certain races during hiring or promotion processes. This bias can result in a lack of diversity within the organization and deny qualified individuals opportunities solely based on their race.
Assigning tasks based on ethnic stereotypes, such as assuming certain groups are better suited for specific roles, perpetuates discrimination.
Discriminating against employees due to their accent or native language can marginalize non-native speakers. Unless language proficiency is a legitimate job requirement, such practices are unjust and can violate anti-discrimination laws.
Gender and sex discrimination involve treating individuals unfavorably because of their gender or sex. This form of discrimination can create significant barriers to equality and professional growth.
Women and men performing substantially similar work should receive equal pay. However, wage disparities persist, with women often earning less than their male counterparts. The California Equal Pay Act prohibits such discrepancies, emphasizing the need for equitable compensation practices.
Stereotyping roles based on gender, such as assuming women are better suited for administrative tasks, limits opportunities and reinforces outdated norms. Employees should be assigned roles based on skills and qualifications, not gender.
Unwelcome sexual advances, comments, or creating a hostile work environment constitute sex-based harassment.
Pregnancy discrimination involves treating a woman unfavorably due to pregnancy, childbirth, or pregnancy-related medical conditions.
Employers are required to provide reasonable accommodations to pregnant employees, such as modified duties or schedules. Failure to do so can jeopardize the health of both the mother and child and may constitute unlawful discrimination.
Employees taking legally entitled maternity leave should not face adverse actions upon return. Demotions, pay cuts, or unfavorable assignments as retaliation are illegal and undermine the purpose of maternity protections.
Terminating an employee due to pregnancy is a blatant violation of anti-discrimination laws. Such actions not only harm the individual but also expose the employer to legal consequences.
Age discrimination involves treating applicants or employees less favorably because of their age being 40 and older.
Assumptions like “they’re not tech-savvy” or “they won’t fit in with the team” often lead to exclusion. Or repeated questions like, “When are you going to retire?”
During layoffs, older employees are often the first to go—despite their experience.
Generalizations harm both the individual and the company.
Disability discrimination involves treating employees unfairly because of their physical or mental impairments.
Under California law, employers are required to provide reasonable accommodations to employees with disabilities, unless it causes undue hardship to the company.
Job requirements that exclude disabled individuals without justification may constitute discrimination.
Disability-based harassment in the workplace includes offensive comments, jokes, or actions targeting an employee's disability. This creates a hostile work environment, which can significantly impact an employee's well-being and their ability to perform their job.
Religious discrimination occurs when an employee is treated unfairly because of their religious beliefs or practices.
Such discrimination can manifest in various forms, from direct exclusion to refusal to accommodate religious observances.
Employers are generally required to accommodate employees' religious dress practices, such as wearing religious head scarves or turbans.
Employees may require time off for religious holidays or prayer time during work hours. Employers must reasonably accommodate these needs unless it would cause significant disruption to business operations.
Harassment due to religious beliefs—such as offensive comments or exclusion from group activities based on religion—creates an intolerable work environment. Such behavior is prohibited and can lead to serious legal consequences for employers.
Discrimination based on sexual orientation or gender identity involves treating employees unfairly because of their sexual preferences or gender identity.
While progress has been made, LGBTQ+ employees still face significant challenges in the workplace.
Historically, same-sex couples have been denied the same benefits and treatment as heterosexual couples in the workplace.
However, following the legalization of same-sex marriage, companies are required to extend the same benefits to all employees regardless of sexual orientation.
Transgender employees often face discrimination due to their gender identity, particularly in areas such as restroom access, dress codes, and gender-specific job roles. Such treatment not only violates their rights but can also create a hostile work environment.
The Supreme Court's landmark ruling in Bostock v. Clayton County extended protections to employees discriminated against because of their sexual orientation or gender identity.
This ruling ensures that LGBTQ+ employees are entitled to the same protections against discrimination as other protected groups.
Retaliation occurs when an employer punishes an employee for reporting discrimination or participating in an investigation.
Such actions are illegal under various employment laws and can result in serious consequences for the employer.
Employees who report discrimination or other workplace violations are protected from retaliation, including demotion, termination, or reduced hours.
Whistleblower protections encourage employees to report discrimination without fear of retaliation, ensuring the integrity of workplace investigations.
Employees should be aware of their company's reporting procedures and ensure that they document any incidents of retaliation. Complaints of illegal conduct should always be made in writing so there is clear documented evidence that a complaint was made - sending a complaint via email is always the best option.
Additionally, they should seek legal counsel at Freeburg and Granieri APC if retaliation occurs to ensure that their rights are protected and that they receive appropriate compensation.
Recognizing the signs is the first step toward justice.
It may feel wrong, but is it illegal? Knowing the law helps you act with confidence.
Always report concerns internally—but understand their limits. HR’s job should be to stop illegal conduct in the workplace if they are aware of it. But not all HR departments work for the benefit of the employees or know the laws themselves. If you are going to complain, make sure it is in writing!
If you experience discrimination, it's essential to act promptly to protect your rights and address the situation effectively. Here are key steps to take:
Keep detailed records of any incidents of discrimination, including dates, times, locations, and descriptions of the events. This documentation will serve as crucial evidence if you decide to file a complaint or lawsuit.
Report the issue to your HR department or a trusted supervisor as soon as possible and in writing. Employers are required to investigate discrimination complaints and take appropriate action to resolve the issue.
At Freeburg and Granieri APC, our experienced attorneys are dedicated to helping employees facing workplace discrimination. With decades of legal experience, we provide personalized and compassionate representation for cases involving racial, gender, age, and disability discrimination.
If you’ve been discriminated against at work, contact Freeburg and Granieri APC today for a free consultation. Our team is here to support you every step of the way, ensuring your case is handled with the utmost care and expertise.
Schedule a consultation today and take the first step toward securing your rights.
Workplace discrimination in any form is unlawful and harmful to both individuals and organizations. It's essential to recognize the various types of discrimination and take proactive steps to address them.
By understanding your rights and seeking legal counsel at Freeburg & Granieri APC when necessary, you can help ensure a fair, equitable, and supportive workplace for all employees.
Our clients become friends, confidants, and repeat customers. Former clients are our best referral source.
Do not be a commodity, find an attorney who treats your legal issue with the care it deserves.
