How To Prove A California Unlawful Discrimination Claim

In California, a claim of Unlawful Discrimination is defined as:
This tort may occur when one party knowingly takes an action that causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred.
It simply means:
Unfair treatment based on race, gender, sexual orientation, or any other demographic feature.
There are 4 elements of the claim:
- Element 1. The plaintiff was a member of a protected class. The plaintiff belongs to a group of people who are legally protected from discrimination, such as based on race, gender, age, or disability, meaning they should not face unfair treatment because of their membership in that group.
Facts that might support this element look like:
* The plaintiff is a 45-year-old Hispanic woman, which places her in a protected class based on both age and ethnicity.
* The plaintiff has a disability that substantially limits one or more major life activities, qualifying her for protection under disability discrimination laws.
* The plaintiff identifies as a member of the LGBTQ+ community, which is recognized as a protected class under various anti-discrimination statutes.
* The plaintiff is a practicing Muslim, which places her in a protected class based on religion under federal and state discrimination laws.
* The plaintiff is a veteran, and as such, is protected from discrimination based on military status under applicable laws. - Element 2. The plaintiff was qualified for the position they sought. The plaintiff had the necessary skills, experience, and qualifications for the job they applied for, showing they were capable of performing the required tasks effectively.
Facts that might support this element look like:
* The plaintiff holds a relevant degree in the field required for the position they applied for.
* The plaintiff has over five years of experience in a similar role, demonstrating their capability to perform the job duties.
* The plaintiff received positive performance reviews in previous positions, indicating their competence and qualifications.
* The plaintiff completed all necessary training and certifications required for the position prior to applying.
* The plaintiff was one of the top candidates in the interview process, as noted by the hiring committee. - Element 3. The plaintiff suffered an adverse employment action, such as termination, demotion, or denial of an available job. The plaintiff experienced a negative change in their job situation, like being fired, getting a lower position, or being passed over for a job, which is a key part of proving they faced unfair treatment based on discrimination.
Facts that might support this element look like:
* The plaintiff was terminated from their position without prior warning or a performance review.
* The plaintiff was demoted despite consistently meeting or exceeding performance expectations.
* The plaintiff was denied a promotion that was awarded to a less qualified candidate.
* The plaintiff’s job responsibilities were significantly reduced, impacting their role and salary.
* The plaintiff received a negative performance evaluation that was inconsistent with feedback from peers and supervisors. - Element 4. The circumstances suggested a discriminatory motive. The situation indicated that unfair treatment was likely based on a person’s race, gender, or another protected characteristic, suggesting that discrimination played a role in how they were treated compared to others.
Facts that might support this element look like:
* The employer consistently overlooked qualified candidates from a specific demographic group for promotions, favoring less qualified individuals from a different group.
* During performance reviews, the supervisor made derogatory comments about employees’ cultural backgrounds, indicating a bias against certain groups.
* The company implemented a policy that disproportionately affected employees of a particular race, without a legitimate business justification.
* Employees from minority backgrounds reported a pattern of being assigned less desirable tasks compared to their counterparts.
* The hiring manager expressed a preference for candidates who fit a certain cultural stereotype during the recruitment process.
(See Cucuzza v. City of Santa Clara, 104 Cal. App. 4th 1031, 128.Cal. Rptr. 2d 660 (Cal. Court of Appeals 2002).)
If you’re in court without a lawyer and plan to assert a Claim of Unlawful Discrimination, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
Prove Your CA Unlawful Discrimination Claim
U.S. Civil Cases Only