Are You Being Treated Differently at Work? It Might Be Discrimination

You’re a high performer. You hit your goals, meet your deadlines, and bring value to your team. But lately, something feels off. Your manager excludes you from meetings. You’re passed over for opportunities that others with less experience are offered. You’re being micromanaged or ignored—sometimes both.

You may be wondering, “Is this just bad management… or is it discrimination?”

At TONG LAW, we help professionals and C-Suite and mid-level executives in Oakland, Sacramento, and throughout California assess whether what they’re experiencing at work amounts to illegal employment discrimination—and if so, what can be done about it.

What is Workplace Discrimination?

Workplace discrimination occurs when an employer treats an employee or job applicant unfairly based on a protected characteristic under state or federal law. Discrimination doesn’t have to be blatant. In many cases, it’s subtle, systemic, or disguised as “business decisions.”

In California, it is illegal to discriminate based on:

• Race or color
• Gender, gender identity, or gender expression
• Sexual orientation
• Age (40 and older)
• National origin
• Religion or creed
• Disability (physical or mental)
• Medical condition or genetic information
• Marital status
• Pregnancy, childbirth, or related conditions
• Military or veteran status

If your employer takes negative action against you—or treats you less favorably than colleagues—because of any of these characteristics, it may be unlawful discrimination.

How Discrimination Shows Up at Work

Discrimination doesn’t always take the form of overt slurs or threats. It’s often layered, inconsistent, and difficult to prove without legal insight.

Common signs of workplace discrimination include:

• Being passed over for promotions despite qualifications
• Receiving unjustified poor performance reviews
• Being excluded from projects, meetings, or client-facing work
• Unequal pay compared to peers in similar roles
• Facing discipline for behavior that others get away with
• Feeling targeted after disclosing a medical condition or requesting leave
• Colleagues making offhand “jokes” or comments about your ethnic background, age, or gender identity

You may also notice a pattern: certain employees seem to advance, while others—often those from underrepresented and marginalized groups—remain stagnant or face higher scrutiny.

If you’ve experienced any of this, it’s worth speaking with a California employment discrimination attorney to determine whether your treatment crosses legal lines.

Discrimination vs. Unfairness: What’s the Difference?

Not every form of mistreatment is illegal. A manager playing favorites or being abrasive doesn’t automatically give rise to a lawsuit. But when that behavior is tied to a protected class—or disproportionately affects one—it may qualify as discrimination under:

• California Fair Employment and Housing Act (FEHA)
• Title VII of the Civil Rights Act of 1964
• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)

The key is whether the conduct is motivated by bias—intentional or not—and whether it has a tangible impact on your employment.

What Should You Do If You Suspect Discrimination?

1. Document Everything

Keep a detailed record of what’s happening, including:

• Emails, messages, or verbal comments
• Who was involved, when, and what was said or done
• Notes from performance reviews or meetings
• Pay stubs or bonus/incentive documentation

Well-organized documentation can make or break a discrimination case.

2. Review Your Employee Handbook

Check your employer’s anti-discrimination and complaint policies. Follow any procedures outlined, especially if you plan to escalate the issue internally.

3. File a Complaint Internally—If Safe to Do So

Reporting your concerns to HR or upper management can create a record of your complaint, which can later protect you from retaliation. Remember to document your reporting.

If you don’t feel safe or confident doing this alone, a workplace discrimination lawyer near you can help guide the process or handle communication on your behalf.

What If HR Doesn’t Help or Retaliation Occurs?

Sadly, many professionals fear backlash if they speak up—and those fears are often valid. Retaliation for reporting discrimination is illegal, yet common. It can take the form of:

• Demotion or job reassignment
• Increased scrutiny or surveillance
• Sudden poor performance ratings
• Social or professional exclusion
• Termination

If you’ve experienced retaliation after asserting your rights, you may have an additional legal claim under both California and federal law.

How Do You Prove Workplace Discrimination?

Discrimination claims often involve subtle patterns and complex facts. You don’t need a smoking gun—but you do need evidence and a legal strategy.

At TONG LAW, we analyze:

• Patterns in your employer’s decision-making
• Comparators: how similarly situated colleagues are treated
• Timing: whether negative actions followed protected activity
• Internal inconsistencies in your employer’s stated reasons

We also work with investigators and expert witnesses when needed to help you build a persuasive case.

What Remedies Are Available?

If you’ve been discriminated against, you may be entitled to:

• Back pay and lost benefits
• Reinstatement or front pay if reinstatement isn’t practical
• Compensation for emotional distress
• Punitive damages in cases of intentional misconduct
• Attorneys’ fees and costs

Each case is different, and outcomes depend on the specific facts and legal violations involved. But you don’t have to accept injustice without recourse.

Why Choose TONG LAW?

If you’re searching for a workplace discrimination lawyer near me, you need someone who understands both the law and the complex dynamics of white-collar work environments.

At TONG LAW, we represent employees—not employers. We never file lawsuits against employees, and we do not tolerate illegal employment practices—period.

We serve clients in:

• Oakland
• San Francisco
• Sacramento
• Across the Bay Area and throughout  California

Our approach is strategic, confidential, and focused on preserving your reputation, protecting your rights, and helping you move forward on your terms.

You Deserve to Be Treated Fairly at Work

If you believe you’re being discriminated against at work, don’t wait. Contact TONG LAW today for a confidential consultation with an experienced employment discrimination lawyer near you.