What is employment discrimination?

Employment discrimination occurs when an employer treats an employee or job applicant unfairly based on a protected characteristic. In California—including the Bay Area and Silicon Valley—employees are protected under the Fair Employment and Housing Act (FEHA), which applies to hiring, firing, pay, promotions, and workplace conditions.

What are the main types of workplace discrimination?

Race Discrimination

Race discrimination involves unequal treatment based on race or racial characteristics.

Common examples:

  • Being denied a job or promotion due to race
  • Unequal pay for employees of different races
  • Racial harassment, slurs, or stereotypes in the workplace
  • Disparate discipline targeting certain racial groups

Bay Area context: Claims often arise in tech, healthcare, and service industries where diversity issues intersect with promotion and pay practices.

National Origin Discrimination

This includes discrimination based on birthplace, ethnicity, accent, or cultural background.

Common examples:

  • Hiring decisions based on accent or perceived immigration status
  • Harassment tied to ethnicity or cultural identity
  • Unlawful “English-only” workplace rules
  • Bias against employees associated with certain ethnic groups

Silicon Valley context: Frequently seen in multinational workplaces where employees face bias tied to accent or origin.

Religion Discrimination

Employers must not discriminate based on religion and must provide reasonable accommodations.

Common examples:

  • Denying religious dress or grooming practices
  • Refusing schedule adjustments for religious observances
  • Workplace harassment based on religion
  • Failure to accommodate sincerely held beliefs

Sex, Gender, and Gender Identity Discrimination

California law broadly protects employees based on sex, gender, gender identity, and gender expression.

Common examples:

  • Unequal pay based on gender
  • Denial of promotions due to gender bias
  • Misgendering or refusal to respect gender identity
  • Different workplace standards for men, women, or nonbinary employees

Silicon Valley context: Gender discrimination claims often involve pay equity, leadership opportunities, and workplace culture in tech companies.

Pregnancy Discrimination

Employees are protected from discrimination related to pregnancy, childbirth, or related conditions.

Common examples:

  • Termination or demotion after announcing pregnancy
  • Denial of pregnancy disability leave
  • Refusal to provide reasonable accommodations
  • Retaliation for requesting accommodations

Disability Discrimination

Employers must not discriminate against employees with physical or mental disabilities and must provide reasonable accommodations.

Common examples:

  • Refusal to hire qualified candidates with disabilities
  • Failure to engage in the interactive process
  • Denial of accommodations (remote work, modified duties, leave)
  • Harassment based on disability

Bay Area context: Disability claims frequently involve failure to accommodate in fast-paced tech and startup environments.

Age Discrimination (40+)

Employees aged 40 and older are protected from workplace discrimination.

Common examples:

  • Favoring younger workers in hiring or layoffs
  • Comments about being “too old” or not a “culture fit”
  • Denial of promotions or training opportunities
  • Forced exits targeting older employees

Silicon Valley context: Age discrimination is a growing issue in tech, where older workers may be pushed out in favor of younger hires.

What remedies are available for workplace discrimination in California?

If you’ve experienced workplace discrimination in the Bay Area or Silicon Valley, you may be entitled to:

  • Back pay and lost benefits
  • Front pay (future lost earnings)
  • Emotional distress damages
  • Punitive damages in serious cases
  • Attorney’s fees and costs
  • Reinstatement or job placement
  • Changes to employer policies and practices

What should I do if I experience workplace discrimination?

  • Document incidents, emails, and performance reviews
  • Report internally where appropriate
  • Speak with a California employment attorney
  • File a complaint with the California Civil Rights Department (CRD)

Speak with a Szeto-Wong Law Employment Discrimination Attorney

If you work in Silicon Valley or the greater Bay Area and believe you’ve been discriminated against, legal guidance can make a significant difference. Our firm represents employees across industries, from tech startups to large corporations, and is committed to protecting your rights.

Schedule a Confidential Consultation