Workplace discrimination can be painful, frustrating, and illegal. Whether it’s based on your race, gender, age, religion, disability, or another protected trait, you have rights under federal and state laws. This article outlines what workplace discrimination looks like, how to respond, and the steps you can take to protect yourself legally and professionally.
Understanding Workplace Discrimination
Workplace discrimination occurs when an employer treats an employee or job applicant unfairly because of a legally protected characteristic. Under federal law, these include:
- Race or color
- National origin
- Sex (including pregnancy, sexual orientation, and gender identity)
- Religion
- Disability
- Age (40 or older)
- Genetic information
Discrimination can affect hiring, firing, promotions, pay, job assignments, training, and other terms of employment.
Harassment and retaliation are also forms of discrimination. Harassment involves offensive conduct based on a protected trait that creates a hostile work environment. Retaliation means punishing someone for reporting discrimination or participating in a related investigation.
Recognizing Discrimination: Common Examples
- A qualified employee is repeatedly passed over for promotions due to their race
- Offensive jokes or comments about someone’s gender or religion
- A pregnant worker is denied accommodations offered to others
- An older employee is pushed out in favor of younger hires
- An employer refuses to hire someone because of their disability, despite reasonable accommodation being possible
Step-by-Step: What to Do If It Happens to You
1. Document Everything
Keep a detailed record of incidents, including dates, times, locations, people involved, and what was said or done. Save emails, texts, memos, or any documents that support your claims. Accurate documentation can be crucial in an investigation.
2. Review Company Policies
Most employers have anti-discrimination policies and reporting procedures in employee handbooks. Understand your options and follow the internal steps outlined.
3. Report Internally First (If Safe)
Raise the issue with your supervisor, HR department, or designated workplace compliance officer. Keep written records of your complaints and responses.
4. File an External Complaint with the EEOC
If internal reporting doesn’t resolve the issue or leads to retaliation, you can file a complaint (called a “charge”) with the Equal Employment Opportunity Commission (EEOC).
- Timeline: You generally have 180 days from the date of discrimination to file. In some states, the deadline is extended to 300 days.
- How to file: Online, by mail, or in person at your local EEOC office. You don’t need a lawyer to file.
5. Consider State-Level Agencies
Many states have their own agencies (like the California DFEH or New York Division of Human Rights) with similar protections. These may offer faster processes or additional remedies.
6. Speak with an Employment Lawyer
An experienced attorney can help evaluate your case, draft legal correspondence, and represent you in negotiations or litigation. Many offer free consultations or contingency-based representation.
Legal Terms to Know
- Protected Class: A group protected by anti-discrimination laws (e.g., race, gender, religion)
- Hostile Work Environment: A workplace where harassment is severe or pervasive enough to affect your ability to work
- Reasonable Accommodation: Adjustments or changes to a job or work environment that allow a person with a disability to perform essential duties
- Retaliation: Adverse actions (firing, demotion, etc.) taken against someone for exercising their legal rights
- Constructive Discharge: When working conditions are so intolerable due to discrimination or harassment that the employee is forced to resign
Protecting Yourself Going Forward
- Keep your documentation secure, preferably outside your work email or device
- Follow company protocols carefully
- Don’t ignore small signs of discrimination — address patterns early
- Be mindful of retaliation, and report it if it happens
- Seek support — discrimination can be isolating. Talking to a counselor or support group may help
FAQ: Workplace Discrimination
1. What should I do if I’m afraid to report discrimination?
You are legally protected against retaliation. You can also consult a lawyer before making any report, and file directly with the EEOC if you’re uncomfortable reporting internally.
2. Do I need to quit my job before filing a complaint?
No. You can (and often should) file while still employed. Quitting can affect your ability to prove your case or receive compensation.
3. Can I be fired for filing a complaint?
Retaliation is illegal. If your employer takes adverse action after you file a report, you may have an additional legal claim.
4. Is all workplace unfairness considered discrimination?
No. Favoritism or personality conflicts, while frustrating, aren’t illegal unless they are tied to a protected characteristic.
5. How long does an EEOC investigation take?
It varies. Some cases are resolved in months; others take over a year. You can ask for a “right to sue” letter if you want to take legal action sooner.
Facing workplace discrimination is never easy, but you don’t have to deal with it alone. Understanding your rights and acting strategically can make a real difference — for your case and for others facing similar treatment.
