Is It Unfair, or Is It Illegal? What Counts as an Employment Case

Unfortunately, people are treated unfairly at work relatively frequently. Under California labor laws, not all unfair treatment is considered illegal. To help you understand the difference between unfair and illegal treatment, we’ll discuss what counts as an employment case and what you should do if you think you have one on your hands.

What Makes Unfair Treatment Illegal?

People often equate general incivility and unpleasant work environments with illegal practices. However, California law doesn’t require employers and coworkers to be civil and courteous at all times. Managers can be abrasive, or colleagues can be unfriendly, and that doesn’t necessarily violate the law.

Unpleasant or unfair treatment at work only becomes unlawful if it involves discrimination or harassment based on protected characteristics. If a manager is abrasive toward you, that’s not necessarily illegal. If they single you out because you belong to a protected group or have exercised a legal right, that goes beyond what’s typically considered unfair and may constitute illegal behavior.

Protected Characteristics

Protected characteristics under federal law include things like:

• Race
• Sex
• National origin
• Sexual orientation
• Age
• Disability
• Genetic information

California employment law offers further protections regarding marital status, military status, medical conditions, and reproductive decision-making.

What’s Considered Discrimination?

Discrimination is the unfair treatment of an employee or job applicant based on a protected characteristic. Discrimination can also occur when employers retaliate against workers who have asserted their rights under federal or state law. Disparate treatment that is not based on a worker’s protected characteristic is not necessarily considered discrimination, even if it is obviously unfair.

Retaliation and Unfair Employment Practices

Employers cannot terminate employees or otherwise punish them in retaliation for asserting their rights. They can’t terminate employees for refusing to take part in illegal activities, nor can they punish them for seeking information on FMLA/CFRA or for reporting workplace-related discrimination or harassment. If you believe you’ve been fired in retaliation for asserting your rights, you should contact an employment lawyer right away.

Your Right Against a Hostile Work Environment

Harassment claims are often based on the establishment of a hostile work environment. This occurs when a person faces discrimination or harassment based on a protected characteristic that is so severe that it makes it difficult to work effectively. Affected workers may feel intimidated or threatened. Examples of a hostile work environment can include:

• Repeated insults aimed at people of a particular race, gender, or religion
• Targeting employees for discipline because they took protected actions
• Firing an employee because they asked about family medical leave

Just feeling that you’ve been treated poorly isn’t enough to create an employment case in the Golden State. The harassment must be severe, and it must be related to a protected characteristic or activity.

Prevalence of Illegal Discrimination and Retaliation

In FY2025, the Equal Employment Opportunity Commission recovered nearly $660 million for 17,680 victims of discrimination. Of those victims, 2,505 had their cases litigated in front of a jury, while 13,351 workers in the private sector and state and local government workplaces received pre-litigation settlements. Another 1,824 federal employees received compensation for discrimination or retaliation.

When to Hire an Employment Attorney

If you’ve been retaliated against for requesting to take medical or family leave or have experienced discrimination in the form of wrongful termination, reduction of work hours, or encouragement of harassment that has led to a hostile work environment, you should seek legal counsel right away. If you’re not sure whether your unfair treatment at work rises to the level of an employment case, contact our office to discuss the specifics of your situation.

FAQs

How Can I Prove I Am Being Targeted at Work?

You can prove you are being targeted at work by providing objective, chronological evidence that builds a clear record of specific incidents. Keep a detailed log of every incident, including the date, time, exact location, people involved, and what was said or done. Write down the names of any witnesses. You should also save any physical or digital proof available, such as copies of emails, chat messages, memos, or performance reviews that show unfair treatment.

What Are Unfair Employment Practices?

Unfair employment practices, known legally as unfair labor practices, are actions that employers take that break labor laws by hurting workers’ right to fair treatment. Examples can include punishing people who report illegal acts, firing workers for joining a union, or preventing staff from talking about their wages. Unions can also engage in unfair labor practices.

What Are the Four Types of Illegal Discrimination?

The four types of illegal discrimination are direct discrimination, indirect discrimination, harassment, and victimization. Direct discrimination involves treating someone worse than others because of a protected characteristic. Indirect discrimination involves applying a neutral rule or policy that unintentionally places a protected group at a disadvantage.

Harassment happens when someone creates a hostile work environment. Victimization occurs when a person is punished for reporting discrimination.

What Are Some Examples of Unfair Treatment at Work?

Some examples of unfair treatment at work include workplace favoritism, unequal pay for similar tasks, being passed over for promotions, and being discriminated against based on protected characteristics, such as race, age, sex, or disability. Unfair treatment becomes illegal when it targets a protected characteristic. Poor management may be unfair, but it doesn’t necessarily violate labor laws unless it’s tied to a protected class.

Hire an Employment Lawyer Today

If you’ve been experiencing unfair treatment at work that rises to the level of discrimination, you should hire an employment lawyer to help you take on your employer right away. Your attorney can help you with everything from filing your initial Equal Employment Opportunity Commission complaint to pursuing a legal claim before a jury.

The attentive legal team here at The Law Office of Briana Kim is ready to help you with your employment case. We understand employment laws and how to use them to get our clients the results they deserve. We’ve been in practice for years, and in that time, we’ve handled many different kinds of discrimination, harassment, and unfair labor practice cases. Contact us to schedule an initial consultation with an employment attorney today.

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Long Beach, CA 90802

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La Palma, CA 90623