Workplace discrimination occurs when employers treat employees unfavorably because of protected characteristics rather than job performance and qualifications. Federal and state laws prohibit this discriminatory treatment, providing legal remedies for workers who suffer adverse employment actions based on who they are rather than how they work.
Protected Characteristics Under Employment Law
Title VII of the Civil Rights Act prohibits discrimination based on race, color, national origin, religion, and sex. The Age Discrimination in Employment Act protects workers 40 and older from age-based discrimination. The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities. Additional federal laws address genetic information discrimination and protect pregnant workers.
State laws often expand protections beyond federal coverage, adding categories like sexual orientation, gender identity, marital status, and political affiliation. State laws may also cover smaller employers that fall below federal thresholds. Understanding which laws apply to your situation helps identify all available claims.
Forms of Workplace Discrimination
Discrimination takes many forms in employment settings. Disparate treatment occurs when employers intentionally treat employees differently because of protected characteristics, such as refusing to promote qualified minority candidates. Disparate impact involves neutral policies that disproportionately affect protected groups without business justification.
Harassment based on protected characteristics creates hostile work environments when severe or pervasive enough to alter employment conditions. Failure to accommodate disabilities or religious practices also constitutes discrimination when employers don't provide reasonable accommodations that would allow employees to perform their jobs.
Building Your Discrimination Case
Employment discrimination cases typically rely on circumstantial evidence because employers rarely announce discriminatory motivations. Establishing a prima facie case requires showing you belong to a protected class, suffered an adverse employment action, were qualified for your position or performing adequately, and circumstances suggest discrimination.
Once you establish a prima facie case, employers must articulate legitimate reasons for their actions. Proving pretext becomes crucial, requiring evidence that the stated reasons are false and discrimination was the real motivation. Comparative evidence showing different treatment of similar employees outside your protected class often provides the strongest proof.
Administrative Requirements
Before filing discrimination lawsuits in federal court, you must file a charge with the Equal Employment Opportunity Commission and exhaust administrative procedures. EEOC charges must be filed within 180 or 300 days of the discriminatory act depending on your state. The EEOC investigates charges, attempts conciliation, and eventually issues right-to-sue letters permitting litigation.
State agencies provide parallel processes, sometimes with different deadlines and procedures. Consulting with an employment attorney early helps ensure you meet all filing requirements and preserve your claims.
Damages and Remedies
Successful discrimination plaintiffs may recover back pay for lost wages, front pay for future losses, compensatory damages for emotional distress, and in cases of intentional discrimination, punitive damages. Caps on compensatory and punitive damages under federal law depend on employer size, but state laws may provide additional remedies without caps.
Non-monetary relief including reinstatement, promotion, and policy changes may also be available. Prevailing plaintiffs typically recover attorney's fees, making it financially practical to pursue claims even when individual damages are modest.