Recognizing Workplace Discrimination
Workplace discrimination occurs when an employer treats an employee differently based on a protected characteristic. Federal law protects employees from discrimination based on race, color, national origin, religion, sex, age (40+), disability, pregnancy, and genetic information. Many states and cities add additional protections including sexual orientation, gender identity, and marital status.
Discrimination can be overt (a supervisor making racial slurs) or subtle (passing over a qualified woman for promotion repeatedly). Both forms are actionable.
Types of Discrimination You Should Document
- Disparate treatment: Being treated worse than similarly situated employees outside your protected class (different discipline, denied promotions, reduced hours)
- Hostile work environment: Severe or pervasive harassment based on a protected characteristic that creates an abusive work environment
- Retaliation: Being punished for complaining about discrimination or participating in an investigation
- Disparate impact: A neutral policy that disproportionately harms a protected group without a valid business justification
How to Document Discrimination
Documentation is your most important asset. Start a personal log (not on company devices) as soon as you experience discriminatory treatment:
- Date, time, location, and exact words used or actions taken
- Names of all witnesses
- Whether the conduct was written, verbal, or physical
- Your response and the outcome
Preserve copies of relevant emails, performance reviews, disciplinary notices, and any communications you believe were discriminatory. Send copies to a personal email account or cloud storage. Once you are terminated or placed on leave, you may lose access to company systems instantly.
Reporting Internally: Do You Have To?
Many companies require employees to use internal reporting processes before legal action, and internal complaints also create a paper trail. Report to HR or a supervisor above the person engaging in discrimination, and follow up in writing to confirm what you reported and when.
Be aware: internal complaints sometimes result in retaliation. Retaliation for protected reporting is itself illegal — document any change in treatment after your complaint.
Filing an EEOC Charge
Before you can sue your employer for most federal discrimination claims, you must file a charge with the Equal Employment Opportunity Commission (EEOC). Key rules:
- The deadline is 180 days from the discriminatory act (or 300 days in states with a state civil rights agency, including most states)
- Filing is free; you can file online, by mail, or in person at an EEOC office
- The EEOC may investigate, attempt mediation, or issue a "right to sue" letter
- After receiving a right to sue, you have 90 days to file a lawsuit
Damages You Can Recover
- Back pay and front pay
- Compensatory damages (emotional distress, medical expenses related to the discrimination)
- Punitive damages for intentional discrimination (federal caps: $50,000–$300,000 depending on employer size)
- Reinstatement (if practical)
- Attorney fees in successful federal discrimination cases
Consulting an Employment Attorney
Employment discrimination law has procedural traps — missed EEOC deadlines permanently bar federal claims. Consult an attorney before the EEOC deadline to ensure you file correctly and preserve all options. Many employment attorneys offer free consultations and take cases on contingency, advancing costs and collecting only from a successful settlement or judgment.
Frequently Asked Questions
Can I be fired for filing an EEOC complaint?
Firing or otherwise retaliating against an employee for filing an EEOC charge is itself illegal under Title VII. Retaliation is one of the most commonly filed EEOC charges and gives rise to a separate claim on top of the underlying discrimination.
What if the discrimination was committed by a co-worker, not a manager?
Employers are liable for co-worker harassment when they knew or should have known about it and failed to take prompt corrective action. Report co-worker harassment to HR in writing to put the employer on notice.
Does my employer have to have a certain number of employees for federal discrimination law to apply?
Yes. Title VII, the ADA, and the ADEA apply to employers with 15 or more employees (20 for age discrimination). Smaller employers may still be covered by state or local laws — check your state's employment discrimination statute.
What is the statute of limitations for a discrimination lawsuit?
For federal claims, you must file an EEOC charge within 180 or 300 days of the discriminatory act. After receiving a right to sue letter, you have 90 days to file the lawsuit. State law claims may have different deadlines.