The workplace should be a place where you can focus on your work and career. However, discrimination can make that difficult and may affect your job, income and career.
Not all unfair treatments amount to discrimination. However, if your employer treated you differently because of a protected characteristic, evidence of that treatment may support a discrimination claim. Protected characteristics include race, sex, age, disability, religion and others. California’s Fair Employment and Housing Act protects these characteristics, including some that federal law doesn’t cover.
Evidence that may support a discrimination claim
Different types of evidence may help show what happened. They may also show if discrimination affected your employer’s decision. This includes:
- Keeping workplace communications: Save emails, text messages, performance reviews and other communications. Messages with discriminatory remarks may support your claim.
- Identifying witnesses: Co-workers, supervisors and others may have seen the discriminatory behavior. Write down who saw it and what they saw.
- Preserving performance and disciplinary records: Keep performance reviews, warnings, disciplinary notices and other employment records. These documents can help you compare your employer’s explanation with your work history.
- Documenting discriminatory incidents: Write down key events soon after they happen. Note what happened and how your employer responded. Also note how the event affected your job, pay, promotion or job status.
- Compare how your employer treated you: Look for evidence that shows different treatment. For example, another employee in a similar role may have made the same mistake or broken the same rule. If your employer treated that employee differently, the difference may support your claim.
Keep a timeline of important events. A timeline can help you spot a pattern over time. Keep your records in one place. An organized record can make it easier to explain your experience and provide relevant information when you seek legal guidance.
Legal steps after experiencing discrimination
If you believe you have experienced workplace discrimination in San Diego or elsewhere in California, discussing your situation with an employment lawyer can help you understand what evidence may support your claim and what steps you may be able to take.