Can I Be Denied a Job or Promotion in California Due to My Race, Gender, or Other Protected Characteristic in California?
California law prohibits employers from making employment decisions based on a person’s protected characteristics. This includes hiring, promotions, job assignments, and other terms of employment. If you’ve been denied a job or promotion because of your race, gender, age, disability, religion, or other legally protected trait, you may have a valid claim under California’s robust anti-discrimination laws.
Protected Characteristics Under California Law
The California Fair Employment and Housing Act (FEHA) protects individuals from employment discrimination based on:
- Race, color, or national origin
- Sex, gender, gender identity, or gender expression
- Age (40 and over)
- Disability or medical condition
- Religion or creed
- Marital status or sexual orientation
- Military or veteran status
- Pregnancy, childbirth, or related conditions
Examples of Discriminatory Hiring or Promotion Practices
Discrimination in hiring or promotion doesn’t always come with an obvious explanation. However, common examples include:
- Rejecting a qualified candidate because of their ethnic background
- Promoting less qualified individuals over more qualified candidates based on gender or age
- Making employment decisions based on stereotypes or biases
- Retaliating against employees who report discrimination or assert their rights
How to Prove Discrimination in Hiring or Promotion
To succeed in a discrimination claim, you typically need to prove the following:
- You were qualified for the job or promotion
- You were rejected or passed over
- Someone else was hired or promoted under suspicious circumstances
- Your protected characteristic was a factor in the decision
Evidence can include emails, written policies, witness statements, or patterns of behavior by the employer.
What Are Your Legal Options?
If you suspect you’ve been denied a job or promotion for discriminatory reasons, you can:
- File a complaint with the California Civil Rights Department (CRD)
- Request a “right to sue” letter to pursue your case in civil court
- Consult with an experienced California employment attorney to explore your options
Speak With a California Employment Lawyer
Being passed over for a job or promotion because of who you are—not what you’re capable of—is not just unfair, it’s illegal. If you believe discrimination played a role in your employer’s decision, a knowledgeable employment law attorney can help you fight back and seek justice under California law.