Workplace discrimination is illegal under both federal and California law, but proving it can be challenging. If you believe you have experienced workplace discrimination, it is essential to understand what constitutes illegal conduct and how to build a strong case. Contact our Orange County workplace discrimination attorneys today. Call us at (949) 379-6250.

Proving Workplace Discrimination In California

What Is Workplace Discrimination?

In California, the Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees or job applicants based on protected characteristics such as race, gender, age (over 40), disability, religion, national origin, sexual orientation, and more. Discriminatory acts can include:

Denial of a promotion or raise
Unequal pay for the same work
Wrongful termination or demotion
Denial of reasonable accommodations for a disability or religion
Harassment based on a protected trait
Biased performance evaluations
Retaliation for complaining about discrimination

To prove discrimination, the employee must show that they were treated differently from others in similar situations due to a protected characteristic.

How to Prove Discrimination

Proving discrimination typically involves showing either direct evidence or circumstantial evidence.

Direct Evidence

Direct evidence includes explicit remarks, emails, or written documents showing bias. For example, if a supervisor says, “You’re too old for this role,” or “We’re looking for younger energy,” this can be strong evidence of age discrimination in Orange County. However, such direct admissions are rare.

Circumstantial Evidence

Most discrimination claims rely on circumstantial evidence. Under California law, the McDonnell Douglas burden-shifting test is commonly used. It involves three steps:

Prima Facie Case: You must first show you belong to a protected class, were qualified for the job or position, suffered an adverse employment action (like firing or demotion), and that someone outside your protected class was treated more favorably.
Employer’s Justification: The employer must then provide a legitimate, non-discriminatory reason for the action taken.
Pretext: Finally, you must show that the employer’s stated reason is a pretext—a cover for discrimination. Evidence might include a pattern of biased behavior, sudden policy changes, or inconsistencies in how policies are applied.

Evidence to Support Your Claim

To strengthen your case, gather as much documentation as possible. Useful evidence includes:

Emails, text messages, or voicemails containing biased language
Witness statements from coworkers
Performance reviews and disciplinary records
Comparisons with how similarly situated employees were treated
Notes from meetings or conversations with management
A timeline of events leading up to the adverse action

Keeping detailed, written records of what happened and when can significantly increase your chances of success.

How an Orange County Workplace Discrimination Lawyer Can Help

Discrimination should never be tolerated. If you suspect your employer acted unfairly based on who you are, legal help is available to protect your rights and hold them accountable. Since proving discrimination can be complex, hiring an experienced Orange County Employment Law Attorney significantly increases your chances of success. They can assess your situation, help you gather evidence, and file a complaint with the Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). If necessary, your workplace discrimination lawyer in Orange County can represent you in a lawsuit seeking compensation for lost wages, emotional distress, and possibly punitive damages. Contact us to discuss your legal options today.