After the complaint is filed, it will be reviewed and preliminary information will be gathered to determine whether the Labor Commissioner has jurisdiction over the issues raised. If it is determined that the Labor Commissioner has jurisdiction, the complaint will be accepted for investigation.
The following definitions are from the University of California – Anti-Discrimination Policy. Discrimination is defined as an Unfavorable Action taken because of an individual's actual or perceived Protected Category. Here are additional definitions as it relates to discrimination: Unfavorable Action.
Discrimination is the unfair or prejudicial treatment of people and groups based on characteristics such as race, gender, age, or sexual orientation.
Compare your work, conduct and treatment to that of those outside of your protected class as much as possible. Provide proof that others of similar qualifications have been given better opportunities, projects that are more favorable and superior treatment.
For discrimination complaints related to housing, employment, or business establishments, you may contact the California Department of Fair Employment and Housing (DFEH) at 800-884-1684 (voice), 800-700-2320 (TTY). You may also visit the DFEH page for additional information.
The way in which that can be done and proven is generally through circumstantial evidence showing that you are a member of a protected class, that you were denied a promotion, for example, and that the reason that your employer gave for why it denied you that promotion, was actually just a pretext for discrimination.
To prove discrimination in the workplace, wrongful termination or workplace retaliation in California, you may need to present evidence that: You have been treated unjustly based on one of your protected characteristics. You are qualified, capable and honest and performed your job satisfactorily.
Your chances of winning a discrimination case are much higher if you have the evidence and documentation to support your claim of discrimination. Such evidence could be direct or circumstantial.