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Discrimination FAQ


What is discrimination in general?

The word "discrimination" relates to recognizing a difference between one thing and another. Illegal discrimination is unfair or unequal treatment of a person. It may result from ignorance, prejudice or bias. In California, §51 of the Civil Code provides in part: “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever."

What is employment discrimination?

Discrimination generally occurs when an employee is intentionally treated differently because of the employee's protected category, such as race, color, religion, national origin, disability, gender, pregnancy, sexual orientation or age; or because of the employer's system, such as its hiring process, has an adverse impact on people in the protected categories or classes.


What is sexual harassment?

Sexual harassment is any kind of sexual behavior that is unwelcome and/or inappropriate for the work place. (Sexual harassment can also be found in schools.) Sexual harassment can embrace verbal harassment (i.e. derogatory comments or dirty jokes under the right circumstances), visual harassment (i.e. derogatory or embarrassing posters, cartoons, drawing, etc.), physical harassment, and sexual favors (i.e. sexual advances, confrontation with sexual demands.) In the work place, sexual harassment can come from the owner, supervisor, manager, lead person, foreperson, co-worker and/or customer. It is any offensive conduct related to gender that a reasonable woman or man should not have to endure.


Are there laws that can protect me from discrimination in my place of employment?

Yes, there are many laws that do just that, and the number of lawsuits being filed is constantly increasing. According to a January, 2000 report from the United States Department of Justice Bureau of Justice Statistics, job bias lawsuits filed in U.S. District Courts soared from 6,936 in 1990 to 21,540 in 1998. Discrimination based on such factors as age, race, gender, religion, color, and national origin is strictly prohibited by both state and federal statutes.


What should I do if I feel I have been discriminated against based on an issue such as race, religion, age, gender, etc?

The first thing you should do is to consider whether it may be a simple misunderstanding that you can easily clear up yourself, or something more serious that will take an outsider to resolve for you. Discuss it with your employer; if you are not satisfied with the response you receive from either the person you feel is discriminating against you, or his/her superior, you will want to contact an attorney or file a complaint with the appropriate government agency. Do so as quickly as possible, as federal law and many states have strict time limits for seeking relief.


Are there protections for the physically and mentally handicapped?

Federal law (Americans with Disabilities Act, or ADA) makes it unlawful to discriminate against an otherwise qualified disabled person in a workplace. Workplace protection covers job application procedures, hiring, firing, advancement, compensation, training, recruitment, advertising, tenure, layoffs, leaves, fringe benefits, and so forth. In California, §54 of the Civil Code provides in part: "Individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places."

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