What Workplace Discrimination Actually Looks Like in California

When people hear “discrimination,” they often picture something loud or aggressive. However, in most workplaces, discrimination is subtle. It’s quiet, and it’s easy to miss. That doesn’t make it any less severe—or any less illegal. In California, workers are protected under the Fair Employment and Housing Act (FEHA) from discrimination based on protected characteristics like race, gender, disability, age, religion, sexual orientation, medical condition, marital status, national origin, military status, etc. But those protections only matter if workers can spot discrimination when it happens.

Subtle Doesn’t Mean Harmless

Discrimination can take many forms. Sometimes, it shows up when an employer still holds a salesperson’s quota to 12-month levels despite the employee missing several weeks due to injury. The company might claim it’s about fairness to the other employees, who all needed to hit the same numbers. Still, if the decision is tied to the employee’s injury or disability, it could be illegal.

In another example, someone may return from surgery (or have a significant procedure scheduled) and get passed over for a promotion without explanation. These are subtle acts but are not allowed under California law.

Failure to accommodate is another common issue. Employees with disabilities or medical conditions can ask for reasonable accommodations. Employers are required to engage in what the law calls an “interactive process.” That means they must talk with the employee and try to find a solution that works for both sides. If a wheelchair user asks to move to a ground-floor office, that’s likely reasonable. Asking the employer to build a new elevator to reach their office on the third floor? Probably not. The point is that the conversation has to happen. Ignoring or avoiding it is a violation.

What Else Counts as Discrimination?

Other signs can include shifting job duties after someone announces a pregnancy, cutting hours when someone requests time off for religious observance, or refusing to train older employees on new systems while promoting younger staff. These actions seem like business decisions at first glance. But when they consistently affect someone in a protected group, that’s a red flag.

Discrimination also doesn’t need to be intentional. If an employer’s policy hurts people from a protected group—even if it’s not on purpose—they can still be held accountable. That includes attendance policies that penalize time off for medical treatment or dress codes that don’t account for religious practices.

Under California law, it is also illegal to retaliate against someone who complains about discrimination, participates in an investigation, or stands up for their rights. This includes actions like demotion, termination, pay cuts, or negative performance reviews that follow a complaint.

If you think you’ve been mistreated at work, don’t ignore it. Sansanowicz Law Group, P.C. can help you understand your rights and determine what to do next. Contact us to take the next step.

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Leonard Sansanowicz

Leonard H. Sansanowicz is the principal attorney of Sansanowicz Law Group, P.C., whose practice is devoted to protecting the rights of California employees. He has spent his entire career prosecuting harassment, discrimination, defamation, whistleblower retaliation, wrongful termination, and wage and hour/wage theft claims, both individual and representative actions. His most rewarding and fulfilling work is obtaining justice for his clients.