Discrimination in the workplace remains a persistent problem despite decades of civil rights legislation. When employers make decisions based on protected characteristics rather than merit or performance, employees suffer real harm. Lost wages, damaged careers, and emotional distress can follow discriminatory treatment.
Our friends at Exhibit G Law Firm discuss how federal and state laws protect workers from unfair treatment. A discrimination lawyer represents employees who face adverse actions based on race, gender, age, disability, religion, or other protected categories.
Federal Laws That Prohibit Discrimination
Several federal statutes establish protections against workplace discrimination. Understanding which law applies to your situation helps frame potential legal claims.
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin. This law applies to employers with 15 or more employees. The Equal Employment Opportunity Commission enforces Title VII and investigates complaints filed by workers.
The Age Discrimination in Employment Act (ADEA) protects workers 40 and older from age-based discrimination. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for qualified individuals with disabilities and prohibits discrimination based on disability status.
The Pregnancy Discrimination Act amended Title VII to explicitly prohibit discrimination based on pregnancy, childbirth, or related medical conditions. More recently, courts have interpreted Title VII to include protections against discrimination based on sexual orientation and gender identity.
Recognizing Discriminatory Behavior
Discrimination isn’t always obvious. Some employers are blatant about their biases, but most are subtler. We’ve handled cases involving many forms of discriminatory conduct:
- Hiring discrimination where qualified candidates are rejected based on protected characteristics
- Unequal pay for substantially similar work performed by employees in different protected classes
- Wrongful termination motivated by discriminatory intent rather than legitimate business reasons
- Hostile work environment created through harassment, slurs, or degrading treatment
- Denial of promotions to qualified employees while less qualified individuals advance
- Retaliation against workers who complain about discrimination or participate in investigations
Sometimes discrimination appears in performance reviews that suddenly turn negative after an employee takes protected leave or reports harassment. Other times it shows up in discipline patterns where members of certain groups receive harsher penalties for the same infractions.
Building A Discrimination Case
Proving discrimination requires evidence. Direct evidence, like emails or recorded statements revealing discriminatory intent, is rare. Most cases rely on circumstantial evidence showing a pattern of disparate treatment.
We gather documentation including personnel files, emails, performance reviews, and witness statements. Comparing how the employer treated similarly situated employees outside the protected class helps establish discriminatory intent. If a company fires a 55-year-old employee for minor attendance issues but retains younger employees with worse records, that comparison strengthens an age discrimination claim.
Statistical evidence can also support discrimination claims. If a company’s workforce dramatically underrepresents certain protected groups despite a qualified applicant pool, or if layoffs disproportionately affect older workers, these patterns suggest systemic discrimination.
The EEOC Complaint Process
Before filing a lawsuit under Title VII, the ADEA, or the ADA, employees must first file a charge with the EEOC or a state fair employment agency. This administrative step is mandatory in most cases.
The EEOC investigates the charge and determines whether reasonable cause exists to believe discrimination occurred. The agency may attempt mediation between the parties. If mediation fails or the EEOC declines to pursue the case, it issues a “right to sue” letter allowing the employee to file a lawsuit in federal court.
Strict deadlines apply. Under Title VII, employees generally must file an EEOC charge within 180 days of the discriminatory act, though this extends to 300 days in states with their own fair employment agencies. Missing these deadlines can permanently bar your claims.
State And Local Protections
Many states offer broader protections than federal law. State statutes may apply to smaller employers, include additional protected categories, or provide longer filing deadlines. Some states protect against discrimination based on marital status, political affiliation, or other characteristics not covered by federal law.
Local ordinances sometimes add further protections. We analyze all applicable laws to identify every available claim and choose the best forum for each case.
Damages In Discrimination Cases
Successful discrimination claims can result in various forms of relief. Back pay compensates for lost wages from the discriminatory action. Front pay provides compensation when reinstatement isn’t feasible. Compensatory damages cover emotional distress, while punitive damages punish particularly egregious conduct.
Title VII caps combined compensatory and punitive damages based on employer size, ranging from $50,000 for employers with 15 to 100 employees up to $300,000 for employers with more than 500 employees. Some state laws don’t impose these caps, potentially allowing larger recoveries.
Courts can also order injunctive relief requiring employers to change discriminatory policies or practices. Attorney’s fees are often available to prevailing plaintiffs, which helps make legal representation accessible.
What Employers Cannot Do
Retaliation for opposing discrimination or participating in an investigation is itself illegal. If you complain about discrimination and your employer responds by demoting you, cutting your hours, or creating a hostile environment, you may have a separate retaliation claim.
Protected activity includes filing an EEOC charge, complaining to HR about discrimination, testifying in someone else’s discrimination case, or refusing to follow orders that would result in discrimination against others.
When To Seek Legal Help
Timing matters in discrimination cases. Deadlines for filing administrative charges are strict and unforgiving. Once you suspect discrimination, documenting incidents and consulting with an attorney early protects your rights.
We evaluate potential cases by reviewing the facts, identifying applicable laws, and assessing the strength of available evidence. Some situations clearly constitute discrimination, while others fall into gray areas requiring deeper analysis. An honest assessment helps you make informed decisions about how to proceed.
If you believe you’ve experienced workplace discrimination, taking action sooner rather than later preserves your options. We can explain your rights, discuss potential claims, and help you understand the process ahead. Discrimination cases require careful preparation and knowledge of employment law, but they also provide a path toward accountability and justice.