California has some of the strongest, most comprehensive laws in the country to protect employees from discrimination based on protected characteristics like gender, race, religion, age, national origin and disability.
Under the state’s Fair Employment and Housing Act (FEHA), no employer with at least five employees can discriminate either against applicants or current employees based on any of these characteristics or retaliate against them if they report discrimination.
According to the California Civil Rights Department, discrimination can include everything from how an employer advertises an open position to decisions related to “hiring, transferring, promoting, terminating, or separating employees” to working conditions, compensation and more.
If you believe you’ve been the victim of illegal workplace discrimination, it’s important to ensure that you have a strong case – even if the discrimination seems obvious to you. Here are four things to do.
1. Document everything
The more paper and/or electronic records you have, the better. Save all emails, text messages, voice mails and other evidence. Take photos if appropriate.
If you don’t have this kind of evidence, make notes of any incident, with the time and date specified. Note the names of any witnesses or anyone you told about an incident.
2. Gather evidence
If the discrimination has led to a bad outcome – for example, termination – there may be other evidence that can support your claim. For example, if you were fired, get a copy of all documentation you’re given related to the termination. You also have a right to any counseling notes or documentation leading up to the termination such as a performance improvement plan (PIP).
3. Report the discrimination
The first step in filing a formal complaint is generally to go to your company’s human resources department. Provide them with your evidence (keeping copies of everything for yourself). Make a note of whom you spoke to and all communications (verbal and written) and actions from that department or whomever you reported the discrimination to.
4. Seek legal advice
If you don’t get a satisfactory response after reporting discrimination internally, that doesn’t have to be the end of the road. There are other avenues for filing a California employment discrimination claim and potentially even a lawsuit. Your best course of action is to get experienced guidance from a Long Beach employment discrimination lawyer to make sure you have a valid case and help protect your rights.
