Age, Race, and Gender Discrimination

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Age, Race, and Gender Workplace Discrimination

What is Workplace Discrimination?

  • Complete Details

    There are many kinds of types of work discrimination based on protected characteristics under state and federal law. In California, the most common that give rise to legal claims are:


    Gender/sex

    Pregnancy

    Age

    Race/national origin

    Disability

    Religion

    Sexual orientation

    Marital status

  • Am I being discriminated at work?

    Generally speaking, employers are free to compensate, hire, promote, and fire “at-will” employees in whatever manner they believe is best for their business. However, employers may not base such decisions on age, gender, medical condition/disability (which includes pregnancy), race, ethnicity, nationality, religion, or sexual orientation.


    When employers base their decisions upon one of these criteria (or use a criteria as a factor in the decision) and those in a “protected” class are harmed from such decisions, such actions will likely be deemed illegal under federal and/or state laws, and the employees harmed will have a legal cause of action against their employer.

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Frequently Asked Questions (FAQs)

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  • What Is Racial Discrimination?

    Race discrimination is differential treatment based on skin color or race. Examples of race discrimination include:


    • Not being hired or not being promoted because of your race
    • Termination due to your race, including termination after your employer makes racial comments about your racial group
    • Bad performance reviews motivated by hostility to your race
    • Negative comments about your racial group
  • What Is National Origin Discrimination?

    National origin discrimination is differential treatment based on an individual's country of origin in interviewing, hiring, hours pay, or any other aspect of employment. Evidence of a national origin discrimination claim can include something as simple as treating an employee or job applicant differently based on his or her accent.


    It is also illegal for employers to discriminate against employees based on their citizenship or immigration status. Employers are prohibited from basing hiring, firing, promotion and recruitment decisions on an employee's immigration status or whether he or she is a citizen, unless government contracts or regulations require a U.S. citizen for the position.

  • Does federal age discrimination law protect me if I'm younger than 40?

    No. The Age Discrimination in Employment Act (ADEA) protects only employees and job applicants who are 40 or older. Your state's laws, however, may supplement federal law.

  • Is there a time limit for filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) under Title VII?

    Yes. Title VII imposes time limits for bringing a charge of discrimination. Usually, a claim must be filed within 180 days of the alleged act of discrimination; however, some states' laws set out a time limit of 300 days,

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