Workplace Discrimination Attorneys

Workplace discrimination occurs when an employer takes an adverse action against you — such as firing, demoting, refusing to hire, or harassing you — because of a protected characteristic. California's FEHA (Gov. Code Section 12940) protects against discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age (40+), genetic information, military and veteran status, and reproductive health decision-making. New York's NYSHRL and NYCHRL cover similar categories, with the NYCHRL providing some of the broadest protections in the nation, including protections based on caregiver status, salary history inquiries, and height and weight. Federal Title VII, ADA, ADEA, and other statutes provide an additional layer of protection.

Direct evidence like a supervisor saying 'we need someone younger' is rare. Most discrimination cases rely on circumstantial evidence, which courts accept through frameworks like the McDonnell Douglas burden-shifting test. You can show: (1) you belong to a protected class; (2) you were qualified for the position or performing competently; (3) you suffered an adverse action; and (4) similarly situated employees outside your class were treated more favorably. Statistical patterns of biased hiring or promotion, inconsistent application of company policies, pretextual justifications that shift over time, and timing of adverse actions relative to protected activity all help establish discrimination. An experienced attorney can identify and build these evidentiary threads.

Disparate treatment is intentional discrimination — your employer treated you differently because of your protected characteristic. For example, a manager who consistently assigns female employees to lower-profile projects while giving male employees high-visibility assignments. Disparate impact, by contrast, involves a facially neutral policy or practice that disproportionately affects a protected group without a legitimate business justification. For instance, a height requirement that screens out a disproportionate number of women and Latino applicants when height is not genuinely necessary for the job. Both forms are illegal under FEHA, Title VII, the NYSHRL, and the NYCHRL, and both can result in significant damages.

Yes, and you do not need to quit or be fired to pursue a discrimination claim. You can file a complaint with the California Civil Rights Department (CRD), the New York State Division of Human Rights, the NYC Commission on Human Rights, or the federal EEOC while still employed. Both California and New York have strong anti-retaliation laws that prohibit your employer from punishing you for filing a complaint. Under FEHA and the NYCHRL, retaliation for opposing discrimination is itself an independent cause of action. Documenting ongoing discrimination while employed can actually strengthen your case because it provides real-time evidence.

In California, FEHA allows for compensatory damages (back pay, front pay, lost benefits), uncapped emotional distress damages, punitive damages when the employer acted with oppression, fraud, or malice, and attorney's fees and costs. There are no statutory caps. In New York, the NYCHRL similarly provides for uncapped compensatory damages, punitive damages, back pay, front pay, and attorney's fees — and it applies a more generous 'mixed-motive' standard than federal law. Under federal Title VII, compensatory and punitive damages are capped based on employer size (ranging from $50,000 to $300,000), which is why many plaintiffs prefer state law claims. Injunctive relief such as policy changes, mandatory training, and reinstatement may also be ordered.