Being treated differently at work because of who you are is not only hurtful—it may be illegal. Federal and state laws protect employees from discrimination based on race, sex, age, disability, religion, and other protected characteristics. If you’ve experienced workplace discrimination, you may have grounds for a lawsuit against your employer.
Quick Answer
You may be able to sue your employer for discrimination if you were treated adversely because of a protected characteristic (race, sex, age, disability, religion, etc.) in hiring, firing, pay, promotions, or other employment terms. You’ll typically need to file a charge with the EEOC before suing. An employment attorney can evaluate your evidence and guide you through the process.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employer treats an employee or job applicant unfavorably because of a protected characteristic. It can happen in any aspect of employment:
- Hiring and recruiting
- Pay and benefits
- Job assignments and promotions
- Training opportunities
- Discipline and termination
- Any other term or condition of employment
Protected Characteristics Under Federal Law
| Protected Class | Federal Law | Applies To |
|---|---|---|
| Race, color, national origin | Title VII | Employers with 15+ employees |
| Sex (including pregnancy, sexual orientation, gender identity) | Title VII | Employers with 15+ employees |
| Religion | Title VII | Employers with 15+ employees |
| Age (40 and older) | ADEA | Employers with 20+ employees |
| Disability | ADA | Employers with 15+ employees |
| Genetic information | GINA | Employers with 15+ employees |
| Pregnancy, childbirth | Pregnancy Discrimination Act | Employers with 15+ employees |
State Law Protections
Many states provide additional protections covering:
- Sexual orientation and gender identity (in states without federal guidance)
- Marital status
- Political affiliation
- Military status
- Criminal history
- Smaller employers not covered by federal law
Types of Discrimination
Disparate Treatment
Intentionally treating someone differently because of a protected characteristic. Examples:
- Not hiring someone because of their race
- Paying women less than men for the same work
- Denying promotions to employees over 40
- Firing someone after learning they’re pregnant
Disparate Impact
Policies that appear neutral but disproportionately affect a protected group without business justification. Examples:
- Height requirements that exclude most women
- Testing requirements that disproportionately screen out minorities
- Policies that disadvantage employees with disabilities
Harassment
Unwelcome conduct based on a protected characteristic that creates a hostile work environment or results in adverse employment action. This includes:
- Racial slurs or jokes
- Sexual harassment
- Mocking someone’s religion or disability
- Age-related derogatory comments
Failure to Accommodate
Refusing to make reasonable accommodations for:
- Employees with disabilities (required under ADA)
- Religious practices (required under Title VII)
- Pregnancy-related conditions
Proving Discrimination
Discrimination is rarely overt. You’ll typically need to show:
Direct Evidence
Statements or documents explicitly showing discriminatory intent:
- Emails or texts with discriminatory language
- Witnesses to discriminatory statements
- Written policies that target protected groups
Circumstantial Evidence
When direct evidence isn’t available, courts use the “McDonnell Douglas framework”:
- You establish a prima facie case:
- You’re a member of a protected class
- You were qualified for your position or the position you sought
- You suffered an adverse employment action
- Circumstances suggest discrimination
- Employer provides a legitimate reason for the action
- You show that reason is pretextual (a cover for discrimination)
Evidence That Helps Your Case
| Type | Examples |
|---|---|
| Comparators | Similarly situated employees outside your protected class treated better |
| Statistics | Patterns of discrimination in hiring, pay, or promotions |
| Timing | Adverse action shortly after revealing protected status |
| Shifting explanations | Employer’s reasons change over time |
| Deviations from policy | Standard procedures not followed in your case |
Steps to Take If You Experience Discrimination
1. Document Everything
Keep detailed records of:
- Discriminatory incidents (dates, times, witnesses)
- Emails, texts, and other communications
- Performance reviews and positive feedback
- How similarly situated employees were treated
2. Report Internally
Most companies require you to report discrimination through HR or a designated process. This:
- Creates a record of your complaint
- Gives the employer a chance to address the issue
- May be required to hold the employer liable for harassment
Keep copies of all complaints you submit.
3. File an EEOC Charge
Before suing under federal law, you must file a charge with the Equal Employment Opportunity Commission:
- Deadline: 180 days from the discriminatory act (300 days in states with their own agencies)
- Process: EEOC investigates and may attempt mediation
- Right to sue: You receive a letter allowing you to file in court
4. Consult an Employment Attorney
An attorney can:
- Evaluate the strength of your case
- Navigate EEOC procedures
- Identify all applicable laws (federal and state)
- Represent you in negotiations or litigation
What You Can Recover
If you prove discrimination, you may be entitled to:
- Back pay – Lost wages and benefits
- Front pay – Future lost earnings
- Compensatory damages – Emotional distress, pain and suffering
- Punitive damages – To punish especially egregious conduct (capped under federal law based on employer size)
- Attorney fees and costs
- Reinstatement or promotion
- Policy changes – Injunctive relief requiring employer to change practices
Federal Damage Caps
| Employer Size | Maximum Compensatory + Punitive Damages |
|---|---|
| 15-100 employees | $50,000 |
| 101-200 employees | $100,000 |
| 201-500 employees | $200,000 |
| 500+ employees | $300,000 |
State laws may allow higher damages without caps.
Frequently Asked Questions
How do I prove I was discriminated against?
You don’t need a “smoking gun.” Courts accept circumstantial evidence like: being treated differently than similar employees outside your protected class, suspicious timing, shifting explanations from your employer, or statistical patterns of discrimination.
Can I sue if I work for a small company?
Federal laws apply to employers with 15-20+ employees depending on the law. However, many state laws cover smaller employers—some cover all employers regardless of size. Check your state’s laws.
What if I didn’t report the discrimination to HR?
For harassment claims, failure to report may limit your employer’s liability if they had a complaint procedure you didn’t use. For other discrimination, internal reporting isn’t always required, but it helps establish a record.
Can I be fired for complaining about discrimination?
No. Firing you for complaining about discrimination is retaliation, which is independently illegal. Many successful cases involve retaliation claims even when the underlying discrimination is harder to prove.
How long do I have to file a discrimination lawsuit?
You must file an EEOC charge within 180 days (or 300 days in states with equivalent agencies) of the discriminatory act. After receiving a right-to-sue letter, you have 90 days to file in court. State law deadlines may differ.
When to Contact a Lawyer
Consider consulting an employment attorney if:
- You’ve been treated differently because of a protected characteristic
- You’ve experienced harassment based on race, sex, age, disability, or religion
- Your employer denied a reasonable accommodation
- You were disciplined or fired after complaining about discrimination
- You’ve noticed a pattern of discrimination affecting others like you
- Your EEOC deadline is approaching
Many employment attorneys offer free consultations and work on contingency—you pay nothing unless you win.
Last updated: January 2025
This article provides general information about workplace discrimination in the United States. Laws vary by state and individual circumstances. Consult with a qualified employment attorney in your state for advice specific to your situation.
