How to Prove Workplace Discrimination in California? Key Steps

Being discriminated against in the workplace can be a heartbreaking situation to find yourself in. It can reveal your employer’s true character and make you think differently about the workplace you may have been comfortable in before this happened. Seeking accountability and damages is not an unreasonable reaction in the face of such behavior, but it’s vital that you understand exactly how to prove workplace discrimination in California. A good lawyer can help you.

Throughout this ordeal, you want to consult an experienced workplace discrimination attorney who can help you navigate the process and move forward with your case. Having someone by your side who understands California workplace discrimination laws and has experience leading workplace discrimination cases like yours can make quite a difference to your case. It might even mean the difference between success and failure.

Workplace Discrimination in California

Workplace discrimination is common throughout California, despite the state’s workers’ rights and labor laws. Data gathered in 2024 by the Equal Employment Opportunity Commission (EEOC) shows over 2,500 incidents of workplace retaliation in the wake of discrimination cases throughout the state. Discrimination can take many different forms, and you may want to recognize as many of those forms as possible.

How to Prove Workplace Discrimination in California

When it comes to proving workplace discrimination in California, you need to be able to demonstrate multiple facts regarding your case. If you can’t prove any one of these steps, your case may be over before it even begins. These steps include:

• Establishing membership in a protected class. California’s labor laws make it illegal for anyone to discriminate against you because of your race, religion, age, gender identity, sexual orientation, disability, pregnancy, or national origin. To move forward with a case, you need to show that you belong to one of these protected groups.
• Showing your qualifications. You need to be able to prove that you were good at your job and met your employer’s basic qualifications for that job. California is an at-will employment state, which means your employer can fire you whenever they wish, so long as the reason is legal. Firing you or refusing to promote you on the basis of discrimination is an illegal reason.
• Proving adverse action. You have to show that you endured a recent negative change in your workplace. This can be a termination, a demotion, a pay cut, a reassignment, a failure to promote, or even bad reviews.
• Connecting action. Finally, you need to prove that the adverse action you suffered was directly connected to your membership in a protected class.

Throughout every step, you need to gather as much evidence as you can find that supports your claim. You can never have too much evidence, especially when your career may be at stake. Your discrimination lawyer can help you gather this evidence and build up your case.

Seek Help if Necessary

As you work through your case, you may start to realize that this entire situation is affecting you more than you may have thought. There’s nothing wrong with asking for help when you need it. A local mental health support group like NAMI Orange County or the Brainspotting Group may be just what you need to start working through the more painful parts of your case. Having someone to talk to in a judgment-free zone can often make a world of difference.

Hire a Workplace Discrimination Lawyer

You may be overwhelmed with your current situation, which is why it is so important to hire a workplace discrimination lawyer. The right lawyer can take charge of your case, present you with a plan, and help you overcome any potential setbacks. Briana Kim, PC, has spent her career aiding undervalued and mistreated employees with their employment law cases. She can bring guidance, determination, and empathy to your case while giving you the chance to succeed.

FAQs

Should I File a Complaint With the CRD?

Yes, you should file a complaint with the California Civil Rights Department (CRD). They are the ones who can investigate independently and provide you with a notice that allows you to pursue legal action. You can’t do that until they investigate. If you want to take this higher, you should contact the EEOC and lodge a complaint with them. Your lawyer can help you prepare the complaint.

What Are the Different Types of Discrimination?

There are four different types of discrimination, which include:

• Direct discrimination. Treating someone differently because of their protected class.
• Indirect discrimination. Applying a policy that negatively affects only a certain group. This includes making every employee work weekends, which may conflict with some workers’ religious beliefs.
• Harassment. Unwanted, offensive behavior related to someone’s protected class. This can include jokes, bullying, and offensive comments.
• Retaliation. Treating someone differently because they spoke up. This can include firing, demotion, and other negative actions.

What Is the Burden of Proof for Workplace Discrimination?

The burden of proof for workplace discrimination lies entirely with the employee, since they are the one who is claiming they were discriminated against. They need to prove their membership in a protected class, their qualifications for their job, the adverse action that occurred, and how it was the direct result of their membership in a protected class. If proven, the burden of proof shifts to the employer to show a legitimate reason for the action.

Are Employment Discrimination Cases Hard to Win?

Yes, employment discrimination cases can be hard to win. Employees have a lot to prove, and that can be easier said than done. Employers may be willing to fight back hard to avoid a public scandal, and their seemingly legitimate business explanations may be enough to weaken your case. That’s why hiring a lawyer is so important. They can gather the right evidence to help your case.

Consult with a Workplace Discrimination Lawyer Today

It can be hard to find out that your employer isn’t who you thought they were. Discrimination can be insulting, painful, and illogical. Initially, you may not know how to protect your own interests, which is why you should consider seeing a lawyer. Briana Kim, PC, has considerable experience with cases just like yours. Contact us to speak to someone on our team about the ways we can assist you.