A discrimination wrongful termination claim occurs when an employer terminates or refuses to hire an employee because of the employee’s actual or perceived protected characteristic. Below is a list of classes that are protected from discrimination under California law.

If you were fired after reporting or complaining about a wrongdoing or illegal conduct, or after standing up for your protected rights, this would also constitute wrongful termination.

If you were fired because you took time off work that you were legally entitled to take, such as for medical leave, family leave on military service or work injury, you would likely have a wrongful termination claim.

To win on a claim for wrongful termination based on discrimination, an employee must show that a discriminatory motive influenced the wrongful termination decision.  However, termination may still be illegal if it was motivated not only by discrimination, but by a combination of discriminatory and legitimate reasons.

Employers and supervisors rarely admit they had any discriminatory motives.  There can be many forms of evidence that show there is discrimination and has had some influence on the termination decision process, including:

State and federal laws offer protections to encourage employees to report wrongdoing and to stand up for their rights without fear of losing their jobs.  It is unlawful for companies to fire employees for engaging in any of the following protected conduct:

• Reporting about or reporting sexual harassment or other unlawful harassing conduct.
  
• Reporting labor code violations, such as unpaid wages, misclassification as independent contractors, etc.
  
• Complaining about or reporting unsafe working conditions.
  
• Requesting benefits to which an employee is entitled, such as overtime pay or medical leave.
  
• Reporting company violation of any laws to either an outside law enforcement agency or government authority, or to someone in the company with authority to correct the violation.
• Refusing an employer’s request to engage in illegal activity or do something that would violate a law.
  
• Timing of the wrongful termination decision, such as an employee being fired shortly after reporting an injury or while pregnant.
  
• Evidence of discrimination against other co-workers in the same protected category.
  
• Evidence that other employees outside the protected class received preferential treatment.
  
• Statistical evidence, for example, data showing the company’s older employees being terminated in greater numbers than younger employees.
  
• Weaknesses, inconsistencies, or contradictions in the employer’s supposed non-discriminatory reasons for the wrongful termination. For example, if the employer previously praised an employee’s communication skills and then terminated that employee on the grounds of poor communication, this may constitute evidence that poor communication was a mere pretext.
  
• Evidence that the employer violated its own company policy and procedures during the process of terminating an employee. The employer’s policy requiring a written warning and/or investigation before termination and the employer ignoring this requirement.