What Are the Remedies for Employment Discrimination? 

Employment discrimination is not only unfair; it is illegal under both state and federal laws. If your employer discriminated against you based on a protected characteristic, you may have the right to seek compensation from them. 

Learn about the legal remedies for employment discrimination. Then speak with an employment discrimination attorney in California about your options. 

Do You Have an Employment Discrimination Case? 

The Civil Rights Act of 1964 protects employees against discrimination based on race, color, religion, sex, and national origin at the federal level. If you work in California, you have additional protections under the Fair Employment and Housing Act. 

In California, public and private employers with five or more employees are prohibited from discriminating against job applicants and workers based on these protected classes:

• Race/color
• Religion
• Ancestry/national origin
• Age (40 and over)
• Sex and gender
• Sexual orientation
• Gender identity/expression
• Disability (mental and physical) 
• Medical condition
• Genetic information
• Military or veteran status
• Marital status
• Reproductive health decision making 

An employer is prohibited from using any of these protected characteristics as a basis for unfair treatment. You may have a discrimination case if you can prove that your employer exhibited adverse treatment based on any of the above characteristics. Such treatment may include:

• Passing you over for a promotion or a new employment position
• Demoting or terminating your employment
• Paying you less money than other workers in similar positions
• Denying reasonable accommodations
• Creating a hostile work environment 
• Harassing you with slurs, offensive remarks, or derogatory jokes

Potential Legal Remedies for Employment Discrimination

If you experienced workplace discrimination, your first step is generally to report the behavior internally to your employer or human resources department. If the issue is not resolved internally, you may then decide to file a discrimination claim with the California Civil Rights Department (CRD).

The CRD would either choose to investigate the complaint and mediate or dismiss the issue, or issue you a Right to Sue notice that would enable you to take legal action against your employer. 

Through a lawsuit, you could seek legal remedies to make up for the impact the discriminatory behavior has had on you. Here are a few remedies for employment discrimination that may be applicable in your case: 

• Reinstatement: If the discriminatory behavior involved termination or moving you to a less desirable position, one potential remedy may be reinstatement to your previous position. 
• Back pay: Back pay would cover the wages you lost due to your termination or being moved to a lower-paying position for a discriminatory reason. You may be eligible to seek your lost wages, bonuses, and other benefits that were withheld. 
• Front pay: Front pay may be applicable when a return to work is not feasible. It could compensate you for future lost wages and benefits you would otherwise have received had the discriminatory behavior not occurred. Returning to the same position may not be feasible if the workplace relationship is excessively hostile, the position has been eliminated, or discrimination remains likely if you were to return. 
• Injunctive relief: This can include any other necessary measures to prevent future discriminatory behavior, such as mandatory anti-discrimination training, disciplinary action, or revisions to anti-discrimination policies. 
• Compensatory damages: You may also be eligible for additional compensation to make you “whole” after the discriminatory treatment, such as emotional damages. 

In rare cases, punitive damages (known as exemplary damages in California) may be awarded in employment discrimination cases. You would need to provide clear and convincing evidence that your employer engaged in malice, oppression, or fraud. The standard of proof is high, and these damages are generally reserved for egregious cases rather than simply negligent or accidental misconduct. 

The specific remedies for employment discrimination that you may be eligible for depend on the details of the allegations against your employer. An employment attorney can provide more personalized guidance about what compensation you may be able to seek through a legal case. 

Penalties for Employers Who Discriminate After Filing a Workers’ Compensation Claim 

Workplace discrimination is illegal, and employers who engage in discriminatory behavior may also face legal penalties. 

For example, California Labor Code Section 132a states that any employer who discriminates against an employee after filing a workers’ compensation claim may face:

• Fines of up to $10,000
• Increased workers’ compensation benefits for the employee
• Payment of back wages to the employee
• Reinstatement of the employee to their previous position 

How Do You Prove Employment Discrimination?

A successful employment discrimination case hinges on evidence that your employer discriminated against you based on a protected characteristic. You would need to tie the discriminatory behavior directly to that characteristic.

Discrimination cases often rely on circumstantial evidence, such as:

• Emails or text messages that demonstrate the discriminatory treatment
• Performance reviews that show you were meeting your job expectations
• Pay stubs showing your different pay rate compared to employees not of the same protected class
• Witness testimonies from coworkers who saw the disparate treatment 

An employment attorney can help you build a case before filing a complaint through the CRD. 

Consult a California Employment Lawyer Today

You do not have to accept discriminatory treatment in the workplace. You have the legal right to report this behavior and seek remedies to make up for the impact your adverse treatment has had on your life. 

D.Law represents California workers through the discrimination claims process. We can explain more about remedies for employment discrimination and determine whether you may have a case. We can then represent you through the process and collect evidence to prove employment discrimination.

Contact us today at 818-275-5799 to request a consultation.