Understanding Employment Discrimination
Last Updated: 4/21/2026
What is Employment Discrimination?
Source: Cornell Law
Discrimination based on race, sex, sexual orientation, religion, national origin, physical disability, and age by employers. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.
Examples of Potentially Discriminatory Behavior
Being fired or discharged from a job without proper cause
Failure to provide accommodations for qualified individuals
Verbal or physical harassment
Requesting or disclosing medical information of employees
What Personal Characteristics are Protected?
Source: California Civil Rights Department
Race, color
Ancestry, national origin
Religion, creed
Age (40 and over)
Disability, mental and physical
Sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions)
Sexual orientation
Gender identity, gender expression
Medical condition
Genetic information
Marital status
Military or veteran status
Reproductive health decision-making
What Are Potential Actions an Employee Can Take?
File a complaint or a “charge of discrimination” with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged incident. They can be contacted online, over the phone, or in person.
Email: info@eeoc.gov
Phone: 1-800-669-4000
File a complaint with the California Civil Rights Department (CRD) within 3 years of the alleged incident for employment cases. The CRD is equipped with attorneys to determine if an employee’s case has reasonable cause to go to court.
Website: https://calcivilrights.ca.gov/
Email: contact.center@calcivilrights.ca.gov
Link to file a complaint: https://appsandads.calcivilrights.ca.gov/s/
Phone: 800-884-1684
Important Federal Laws and the Governing Commission
U.S. Equal Employment Opportunity Commission (EEOC) → This commission is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, childbirth, or related conditions, transgender status, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
Equal Pay Act → Protects against wage discrimination based on sex. If salaries are unequal between employees of different sexes who work substantially equal jobs, employers are required to equalize wages through raises, not by wage reductions.
Title VII of the Civil Rights Act of 1964 → Prohibits employment discrimination based on race, religion, national origin, color, sex, gender, gender identity, pregnancy, and sexual orientation
Americans with Disabilities Act → A civil rights law passed in 1990 that prohibits discrimination against individuals with disabilities in many areas of public life, including the workplace, schools, transportation, and much more.
Important California Laws
The Fair Employment and Housing Act (FEHA) → Prohibits harassment based on a protected category against an employee, an applicant, an unpaid intern or volunteer, or a contractor. Harassment is prohibited in all workplaces, even those with fewer than five employees.
This law is much more expansive than Title VII and provides even stronger protections
The California Family Rights Act (CFRA) → Allows eligible employees to take up to a total of 12 weeks of paid or unpaid job-protected leave during a period of 12 months. While on leave, employees keep the same employer-paid health benefits they had while working. Eligible employees can take the leave for one or more of the following reasons:
After an employee births, adopts, or fosters a child
To care for an immediate family member (spouse, child, or parent) who has a serious medical condition
When an employee is unable to work due to a serious health condition (SHC) as defined by
Any period of incapacity or treatment in connection with, or after, inpatient care
Any period of incapacity that requires an absence from work, school, or other regular daily activities, equal to or greater than 3 calendar days
Receiving ongoing treatment by or under the supervision of a health care provider for a chronic or long-term health condition that is incurable
Restorative dental or plastic surgery after an accident or injury
Family and Medical Leave Act (FMLA) → Requires private employers with 50 or more employees, and all government employers, to provide employees with 12 weeks of unpaid leave each year. To be eligible for this leave, an employee must fit into one or more of the following criteria:
Work for an employer to whom the FMLA applies
Have been employed by the employer for at least 12 months (or 1 year)
Have worked for at least 1,250 hours during the 12-month period right before the start of the leave
Be employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite
In addition, the situation must also fit into the following criteria:
You recently gave birth to a child and need to take care of your child.
You have an adopted or foster child.
You need to care for a spouse, son, daughter, or parent with a serious health condition.
You have a serious health condition* and need to take medical leave from work.
Serious health condition → An illness, injury, impairment, or physical or mental condition that involves one or more of the following reasons for absence:
An employee receives inpatient care.
Following inpatient care, the employee has a “period of incapacity,” meaning that they cannot complete their job, attend school, or take care of themself.
The employee receives follow-up treatment related to their inpatient care.
You have “qualifying exigencies” (things that must be taken care of urgently) because your spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a military operation.
Note: When returning from FMLA, the employee MUST be given their job back, or a job with similar responsibilities and benefits.
Disclaimer
This document is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult an employment attorney or legal aid organization. For additional questions, feel free to contact us at legalclinic@asuc.org.
Sources
DB101 California. (n.d.). Know your rights and responsibilities: California Family Rights Act (CFRA) and Paid Family Leave (PFL). Disability Benefits 101. Retrieved from https://ca.db101.org/ca/situations/workandbenefits/rights/program2c.htm
DB101 California. (n.d.). Know your rights and responsibilities: Family and Medical Leave Act (FMLA). Disability Benefits 101. Retrieved from https://ca.db101.org/ca/situations/workandbenefits/rights/program2b.htm
Civil Rights Department. (n.d.). Employment discrimination — who is protected. California Civil Rights Department. Retrieved from https://calcivilrights.ca.gov/employment/#whoBody
Civil Rights Department. (n.d.). Employment discrimination — what it looks like. California Civil Rights Department. Retrieved from https://calcivilrights.ca.gov/employment/#looksLikeBody
Legal Information Institute. (n.d.). Employment discrimination. Law.Cornell.Edu. Retrieved from https://www.law.cornell.edu/wex/employment_discrimination
U.S. Department of Labor. (n.d.). Equal pay for equal work. Retrieved from https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/internal/policies/equal-pay-for-equal-work
U.S. Equal Employment Opportunity Commission. (n.d.). Overview. EEOC.gov. Retrieved from https://www.eeoc.gov/overview
ADA National Network. (n.d.). What is the Americans with Disabilities Act (ADA)? Retrieved from https://adata.org/learn-about-ada