Discrimination is the unequal treatment of employees based on race, gender, or other personal characteristics unrelated to job performance or qualifications. An employee may consistently arrive on time, exceed expectations, and contribute meaningfully to their team—yet still face unequal treatment.

Being overlooked for promotions, subjected to unfair criticism, or enduring racially charged comments are all potential indicators of workplace racial discrimination. Whether subtle or overt, these discriminatory practices are prohibited under California state laws.

Despite comprehensive anti-discrimination laws, racism and sexism can still occur within the workplace. To combat it, employees need to identify, and address any unfair treatment they notice at their job. It is an employer’s obligation to create a respectful environment and promote fair treatment.

Examples of Discrimination in the Workplace

• Albert, an employee with autism informs his manager that he needs a quiet workspace and written instructions to perform tasks effectively. These reasonable accommodations are required under the Americans with Disabilities Act (ADA). Instead of providing support, the employer dismisses the request and assigns him to a loud, high-traffic area. Albert is later written up for performance issues directly related to the lack of accommodation. This is disability discrimination and a failure to provide reasonable accommodations as required by law.
• A restaurant chain in a diverse city consistently hires only employees of Italian descent, while applicants of other racial or ethnic backgrounds are routinely rejected despite having equal or superior qualifications. Internal communications later reveal that management believes a “certain look” better fits the brand image. This practice may constitute unlawful racial discrimination in hiring under both California and federal laws.
• A 62-year-old employee is laid off during a company restructuring, while younger employees in similar, or even less critical, roles are retained. When asked why, management vaguely cites a need for “new ideas” and claims the position is being eliminated. However, a few weeks later, the same role is reposted under a new title and filled by a younger worker in their 30s. This pattern may indicate the layoff was based on age discrimination rather than legitimate business reasons.

The workplace examples described above are similar to real-life cases, and are both hurtful and unlawful, and that could impact mental and physical health of employees. Discrimination can be a major detriment to an employee’s mental health and can affect their ability to perform their job duties.

A mean comment alone is not enough to constitute discriminatory practices. To be considered discrimination, the unfair treatment must be based on a legally protected category. Protected categories are outlined under federal and California law, and include the following:

Protected Characteristics

• Disability Status
• Race or National Origin
• Genetic Information
• Religion
• Sexual Orientation
• Gender identity
• Military Status
• Marital Status
• Age

Signs of a Discriminatory Workplace

Identifying discrimination within the work environment can be challenging; however, there are several key indicators that may signal the presence of a discriminatory work environment. Below are signs that may indicate discriminatory behavior or unlawful harassment within the workplace:

• Holding employees from different backgrounds to inconsistent performance standards
• Tolerating racial, sexual, or otherwise derogatory comments in the workplace
• Promotions or advancement opportunities disproportionately favoring one race or gender
• Disparities in discipline or punishment for similar infractions among different groups
• Retaliation against employees who report discrimination or support affected colleagues
• Dress code or grooming policies that disproportionately impact certain ethnic or religious groups
• Assignment of employees of specific backgrounds to less favorable shifts

How To Prove Discrimination At Work

How to Know When a Worker Faces Discrimination

It’s critical to notice how people within a protected class are treated in comparison to those outside the protected class. To show that discrimination occurred in a workplace, an employee must show the following:

1. They are part of a protected class.
2. They were meeting the reasonable expectations for the job.
3. The employer implemented an unfair and significant change to the conditions of employment.
4. The employer treated a worker unfairly as opposed to a worker or a different race, or gender identity.

Collecting Evidence

Proving discrimination at work can be difficult if an employee feels unsafe or worried about their position. To prove discrimination occurred, employees should collect written communication and comments, especially from decision makers. It’s also important to find witnesses who can back up any discrimination claims, or who have also experienced workplace discrimination themselves.

An employee who faced racial discrimination must show not only that they were treated differently, but also show the treatment was a result of their racial group; they must show that their race was used as a criterion for a punishment or reward.

How to Handle Workplace Discrimination

If an employee is the victim of race discrimination or sex discrimination, it’s best to file a formal complaint with the human resources department. It’s critical for any complaints to be in writing, such as text or email. This will allow the worker to document the instance and, if necessary, build a legal case. To prevent further discrimination, employees can also file a claim with the Equal Employment Opportunity Commission (EEOC). Workers should talk to an employment lawyer if discrimination continues after the formal complaint or if an employee experiences retaliation after the complaint(such as a demotion or pay cut).

Learn more about proving workplace discrimination.

Can you Sue For Racial Discrimination at Work? – FAQ

How to Report Racism at Work: Employees have a few options when reporting racism. They should always start by reporting it internally. If extra steps are needed, they can file a complaint with the Equal Employment Opportunity Commission or consult with an employment lawyer to pursue legal options.

Signs of Racism at Work: Signs of racism in the workplace can be both overt and subtle. Some common indicators include:

• Unequal treatment in hiring, promotions, or discipline based on race.
• Offensive or racially charged remarks, jokes, or stereotypes are being tolerated or ignored by management.
• Isolation or exclusion of employees from certain racial backgrounds from meetings, projects, or social events.
• Disparities in workload or performance expectations are applied unevenly along racial lines.
• Retaliation or dismissal of complaints related to racial discrimination.

Is Race a Protected Class? Yes, race is a protected class. The Civil Rights Act protects minority groups from unfair treatment and prevents discrimination in the workplace. This act is also designed to provide equal pay for equally qualified employees.

Can you Sue for Racial Discrimination at Work? It is well within an employee’s rights to sue their employer. Discrimination based on race or any other characteristic is against the law. Any worker who feels they are the victim of racial discrimination should contact Lawyers for Justice, PC. They are a group of top-rated employment lawyers who have won millions for their clients in employment discrimination cases.