Learn About Filing a Discrimination Lawsuit

Understanding Discrimination in the Workplace

Workplace discrimination occurs when an employer treats an employee or job applicant unfairly because of a protected characteristic. These protected characteristics include race, color, religion, sex, national origin, age (if you're 40 or older), disability, and genetic information. The law also protects individuals from discrimination based on sexual orientation and gender identity in many states and localities.

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According to the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency that enforces workplace discrimination laws, approximately 60,000 discrimination charges were filed in 2023. This represented a slight increase from previous years, indicating that workplace discrimination remains a persistent issue across American industries.

Discrimination can take many forms. Direct discrimination happens when an employer explicitly states or shows that they are treating someone differently because of a protected characteristic. For example, if a manager tells an employee they won't be promoted because of their race, that is direct discrimination. Indirect discrimination, sometimes called disparate impact, occurs when a policy or practice appears neutral but actually has a disproportionate negative effect on people with a protected characteristic.

Harassment based on protected characteristics is also a form of discrimination. This includes unwelcome conduct such as offensive jokes, slurs, threats, intimidation, ridicule, or insults. Sexual harassment is one of the most commonly reported types. For harassment to be illegal, it must be severe or persistent enough to create a hostile work environment or result in an adverse employment decision.

Retaliation is another important form of illegal discrimination. If an employee reports discrimination or participates in an investigation, the employer cannot punish them by firing them, demoting them, reducing their hours, or taking other negative employment actions.

Practical Takeaway: Understanding what constitutes illegal discrimination helps you recognize whether your situation may be covered by law. Keep detailed records of any incidents you believe may be discriminatory, including dates, times, what happened, who was involved, and any witnesses. These records become important if you later decide to file a complaint.

The Laws That Protect You Against Discrimination

Several federal laws protect workers from discrimination. The primary law is Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees. Title VII prohibits discrimination based on race, color, religion, sex, and national origin. This law is enforced by the EEOC and covers hiring, firing, pay, job assignments, promotions, layoffs, training, and other terms and conditions of employment.

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The Age Discrimination in Employment Act (ADEA), passed in 1967, protects workers who are 40 years old or older. It prohibits age-based discrimination in hiring, firing, pay, and other employment decisions for employers with 20 or more employees. Age discrimination claims represented about 20 percent of all charges filed with the EEOC in recent years.

The Americans with Disabilities Act (ADA), enacted in 1990, requires employers with 15 or more employees to provide reasonable accommodations to employees with disabilities. Discrimination against someone because they have a disability, or because an employer perceives them as having a disability, is illegal. The ADA applies not only to physical disabilities but also to mental health conditions, learning disabilities, and other conditions that substantially limit major life activities.

The Genetic Information Nondiscrimination Act (GINA) of 2008 prohibits discrimination based on genetic information. This means an employer cannot make decisions about hiring, firing, pay, or promotions based on an employee's genetic tests, genetic history, or genetic information about family members.

Many states and cities have their own discrimination laws that provide additional protections beyond federal law. For example, some states protect workers from discrimination based on sexual orientation, gender identity, marital status, political affiliation, or other characteristics not covered by federal law. New York City, for instance, prohibits discrimination based on sexual orientation, gender identity, and several other characteristics.

Practical Takeaway: Research the specific laws that apply in your state and locality. Your state's labor department or civil rights agency website can explain which protections cover your situation. This information helps you understand what laws may support your discrimination claim and what deadlines may apply.

Steps to Take Before Filing a Lawsuit

Before filing a discrimination lawsuit in court, you must generally file a charge of discrimination with the appropriate government agency. This is a mandatory step in the discrimination complaint process. For most workplace discrimination cases, you must file with the EEOC, which is a federal agency. In states with "dual-filing" agreements, your charge may also be filed with the state civil rights agency at the same time.

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You have 180 or 300 days (depending on your state) from the date of the discriminatory incident to file a charge with the EEOC. This deadline is strict, and missing it can prevent you from pursuing your claim in court. For example, if discrimination occurred on January 1st in a state with a 180-day deadline, you must file by June 30th. Even if your employer's discriminatory behavior is ongoing, each incident may have its own deadline.

To file an EEOC charge, you can visit the EEOC's website, call their toll-free number (1-800-669-4000), or visit a local EEOC office in person. You will need to provide information about yourself, your employer, and the discrimination you experienced. The charge should describe what happened, when it happened, and who was involved. You do not need an attorney to file a charge with the EEOC, though you may choose to have one.

After you file a charge, the EEOC will investigate your claim. The agency may contact your employer, gather evidence, interview witnesses, and review company records. This process typically takes several months. The EEOC may attempt to resolve the dispute through conciliation, which is a negotiation process. If conciliation fails, the EEOC will issue a determination on whether it believes discrimination occurred.

If the EEOC finds no discrimination or closes your case without investigation, you have the right to request a right-to-sue letter. This letter gives you permission to file a lawsuit in court. You must request this letter within a certain timeframe and then file your lawsuit within 90 days of receiving the letter.

Practical Takeaway: Mark the deadline for filing with the EEOC on your calendar as soon as you experience discrimination. Contact the EEOC or a local civil rights organization to understand the specific deadline that applies to you. Do not delay filing; waiting until the last moment leaves no room for errors or delays in submission.

Finding and Working With an Attorney

Many people choose to hire an attorney to help with discrimination claims. An attorney can explain your rights, help you gather evidence, represent you in communications with the EEOC, and represent you in court if you file a lawsuit. However, you are not required to have an attorney to file a charge with the EEOC or to pursue your claim.

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If you decide to hire an attorney, look for one who specializes in employment law or civil rights law. Many attorneys who handle discrimination cases work on a contingency basis, meaning they only receive payment if you win your case or reach a settlement. This arrangement makes legal representation more accessible because you do not have to pay upfront fees.

To find an attorney, you can ask for referrals from friends or family members who have had similar experiences. You can also contact your state bar association, which maintains a directory of licensed attorneys. Local legal aid organizations may provide free or reduced-cost legal services if your income is below a certain level. The National Employment Lawyers Association (NELA) maintains a directory of employment attorneys throughout the country.

When you meet with an attorney, ask about their experience with discrimination cases similar to yours. Ask about their fees and billing arrangements. Ask what you can expect during the process and what outcomes are realistic in your situation. A good attorney will be honest about the strengths and weaknesses of your case.

Your attorney has a duty of confidentiality, meaning they cannot share information you tell them in private with your employer or other parties without your permission. This allows you to speak freely about your situation. Your attorney also has a duty of loyalty, meaning they must act in your best interest and avoid conflicts of interest.

Practical Takeaway: Start your attorney search early, ideally after filing your EEOC charge or while the investigation is ongoing. During your initial consultation with an attorney, bring all