What should I do if I know I am being discriminated against?  

If you believe you’re experiencing discrimination but lack concrete evidence, take immediate action to protect your rights under California employment law. 

Start documenting everything. Create detailed written records of discriminatory incidents, including dates, times, locations, witnesses, and specific statements or actions. Note patterns of differential treatment compared to similarly situated employees. Save all work-related communications and performance evaluations. 

Report the discrimination internally if your employer has complaint procedures, unless you reasonably fear retaliation. Under FEHA, you’re protected from retaliation for opposing practices you reasonably believe are discriminatory, even if you’re ultimately wrong about the illegality. Your good faith belief in the unlawfulness is sufficient for protection. 

File a complaint with the California Civil Rights Department (CRD). You must exhaust administrative remedies before pursuing private litigation under FEHA. The CRD investigates discrimination complaints and this creates an official record of your allegations. 

Understand your retaliation protections. California law prohibits employers from retaliating against employees who oppose discriminatory practices or participate in discrimination proceedings. Under FEHA, retaliation claims require showing that your protected activity was a substantial motivating factor in any adverse employment action. 

Continue performing your job duties competently while gathering evidence. Poor performance can provide employers with legitimate, non-discriminatory reasons for adverse actions. 

Consult with an employment attorney who can evaluate your situation, advise on evidence gathering, and ensure you meet all procedural requirements and deadlines under California law.