Free Evaluation
Free Evaluation

Workplace Discrimination Examples: 15 Real Scenarios & What to Do (2025)

Workplace discrimination occurs when an employer treats you differently or unfairly because of a protected characteristic like your race, sex, age, disability, religion, or national origin. Federal law (Title VII, ADA, ADEA) and most state laws prohibit employment discrimination.

Understanding what discrimination looks like in real situations helps you recognize when your rights are violated. This guide provides 15 detailed examples across different types of discrimination, explains why each scenario is illegal, and outlines specific steps you should take.

How to Use This Guide

Each example follows this structure:

  • Scenario: A realistic workplace situation
  • Why it’s illegal: The specific law violated and legal reasoning
  • What to do: Concrete action steps for the employee
  • Strength of case: How strong the discrimination claim is

Important: Not every unfair treatment is illegal discrimination. The employer’s action must be based on a protected characteristic (race, color, religion, sex, national origin, age 40+, disability, genetic information).

Example 1: Race Discrimination – Passed Over for Promotion

Scenario: Marcus, an African American sales manager, has worked for his company for 8 years with consistently excellent performance reviews. His sales numbers exceed all targets, and he’s mentored multiple junior employees who’ve been promoted. When a senior sales director position opens, Marcus applies along with three less experienced white colleagues. The company promotes Jennifer, a white employee with 3 years of experience and lower sales numbers. When Marcus asks why, he’s told Jennifer is a “better cultural fit.”

Why it’s illegal: This violates Title VII of the Civil Rights Act, which prohibits race discrimination in promotions. The “cultural fit” justification is a classic discriminatory euphemism. Marcus’s superior qualifications (8 years vs. 3 years, higher sales performance, mentoring record) combined with the vague “cultural fit” reason creates strong evidence of race-based decision-making.

What Marcus should do:

  1. Document qualifications: Gather all performance reviews, sales data, and evidence of mentoring
  2. Request written explanation: Email HR asking for specific, objective criteria used in the promotion decision
  3. Compare qualifications: Create a side-by-side comparison showing Marcus’s superior credentials
  4. Identify pattern: Research whether other African American employees have been passed over for promotion
  5. File EEOC charge: File within 300 days (some states) or 180 days (others)
  6. Consult attorney: Employment lawyer can evaluate strength of claim and damages
  7. Preserve evidence: Save all emails, performance reviews, and communications about the promotion

Strength of case: Strong. Superior qualifications + vague pretextual reason + protected class = compelling discrimination case.

Example 2: Sex Discrimination – Unequal Training Opportunities

Scenario: Jessica works in a tech company’s engineering department. The company regularly sends employees to expensive industry conferences and advanced training programs. Over two years, 15 male engineers received conference funding, while Jessica and the two other female engineers were repeatedly denied, being told “budget constraints” or “it’s not the right time.” Meanwhile, male engineers with less seniority continued receiving approvals.

Why it’s illegal: Title VII prohibits sex discrimination in training and professional development opportunities. Denying women access to career-advancing training while providing it to similarly situated men constitutes unlawful sex discrimination. Training opportunities are “terms and conditions of employment” protected by Title VII.

What Jessica should do:

  1. Create comparison chart: Document all training requests (dates, who requested, who approved/denied, by gender)
  2. Quantify disparity: Show 15 male approvals vs. 0 female approvals over same period
  3. Identify impact: Explain how lack of training has limited career advancement
  4. Submit formal complaint: File internal HR complaint first, documenting the pattern
  5. Request equal access: Formally request approval for next training opportunity
  6. Save all communications: Keep copies of all training requests and denials
  7. File EEOC charge if unresolved: If company doesn’t correct the disparity
  8. Seek legal counsel: Attorney can pursue both individual and class claims

Strength of case: Very strong. Clear statistical pattern + similarly situated male colleagues treated better = textbook sex discrimination.

Example 3: Pregnancy Discrimination – Reduced Hours After Disclosure

Scenario: Sarah works as a restaurant manager with consistent 40-hour weeks and excellent performance. When she announces her pregnancy at 12 weeks, her supervisor’s demeanor changes. Within two weeks, her hours are cut to 25 hours per week, reducing her income by 37%. Her supervisor says “we need someone who can commit fully” and questions whether she plans to return after having the baby. Her job duties are reassigned to a male colleague.

Why it’s illegal: Pregnancy Discrimination Act (amendment to Title VII) prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Reducing hours immediately after pregnancy disclosure, combined with the supervisor’s comments about “commitment,” shows pregnancy-based discrimination. Reassigning duties to a male employee strengthens the evidence.

What Sarah should do:

  1. Document timeline: Record exact date of pregnancy disclosure and date hours were cut
  2. Save all communications: Keep text messages, emails showing supervisor’s comments about commitment
  3. Calculate financial loss: Document wage loss from hour reduction ($X per week × weeks)
  4. Request restoration: Send written request to restore hours and duties, citing PDA
  5. File internal complaint: Report pregnancy discrimination to HR in writing
  6. Get medical certification: Doctor can document pregnancy and any work restrictions (or lack thereof)
  7. File EEOC charge: Pregnancy discrimination charge within 180-300 days
  8. Consult employment attorney: Seek damages for lost wages, emotional distress, punitive damages

Strength of case: Strong. Timing (hours cut right after disclosure) + discriminatory comments + reassignment of duties = clear pregnancy discrimination.

Example 4: Disability Discrimination – Denied Reasonable Accommodation

Scenario: Tom has diabetes and requests a reasonable accommodation to take two 10-minute breaks during his 8-hour shift to check blood sugar and manage insulin. He provides medical documentation from his doctor certifying the need. His employer denies the request without discussion, stating “we can’t make special accommodations for everyone” and “other employees don’t get extra breaks.” Tom is later written up for taking breaks without permission and eventually fired for “policy violations.”

Why it’s illegal: Americans with Disabilities Act (ADA) requires employers with 15+ employees to provide reasonable accommodations for disabilities unless it causes undue hardship. Tom’s employer failed to engage in the required interactive process (discussing accommodation options). Two 10-minute breaks is a minimal accommodation that doesn’t cause undue hardship. Firing him for taking medically necessary breaks is disability discrimination and retaliation.

What Tom should do:

  1. Document accommodation request: Keep copies of written request and medical certification
  2. Highlight failure to engage: Note that employer never discussed alternatives or claimed undue hardship
  3. Show minimal burden: Two 10-minute breaks costs employer almost nothing
  4. Document adverse actions: Save write-ups and termination documentation
  5. File EEOC charge: ADA violation claim within 180-300 days
  6. Request reinstatement and accommodation: In EEOC charge, seek restoration of job with approved accommodation
  7. Gather medical evidence: Get detailed doctor’s note explaining medical necessity
  8. Seek legal representation: ADA cases can be complex; attorney recommended

Strength of case: Very strong. Clear reasonable accommodation + medical documentation + employer’s refusal to engage + termination = strong ADA claim.

Example 5: Age Discrimination – Layoff Targeting Older Workers

Scenario: Patricia, age 58, works for a technology company as a senior software engineer. During a “restructuring,” the company lays off 12 employees—11 of whom are over age 50. Patricia and her older colleagues had excellent performance reviews. The company retains all engineers under age 35, including several with lower performance ratings and less experience. Management made repeated comments about wanting to “bring fresh energy” and “attract younger talent.”

Why it’s illegal: Age Discrimination in Employment Act (ADEA) protects workers 40 and older. A layoff that disproportionately affects older workers (11 of 12 laid off are 50+) combined with age-related comments (“fresh energy,” “younger talent”) creates strong evidence of age discrimination. Retaining younger, less qualified workers while firing older, higher-performing workers strengthens the case.

What Patricia should do:

  1. Compile age data: List all employees laid off vs. retained with ages
  2. Show disparate impact: 11 of 12 laid off are 50+ while younger employees retained = statistical evidence
  3. Document age-related comments: Get witness statements about “fresh energy” and “younger talent” comments
  4. Compare performance: Gather reviews showing older workers had better performance
  5. Request RIF criteria: Ask what criteria determined layoff selections
  6. File EEOC charge: ADEA claim within 180-300 days
  7. Consider class action: With 11 similarly situated older workers, class action may be appropriate
  8. Preserve all evidence: Age-related comments are smoking-gun evidence

Strength of case: Very strong. Statistical disparity + age-related comments + superior performance = compelling ADEA claim. Potential class action.

Example 6: National Origin Discrimination – Accent-Based Job Restrictions

Scenario: Raj, originally from India, works in customer service for a financial services company. Despite excellent performance and fluency in English, his supervisor reassigns him to back-office data entry, stating “customers prefer to speak with native English speakers” and “your accent makes it harder for them to understand.” Several colleagues with accents from European countries continue in customer-facing roles.

Why it’s illegal: Title VII prohibits national origin discrimination, which includes discrimination based on accent or English fluency when it doesn’t materially interfere with job performance. If Raj can perform customer service effectively (as evidenced by his prior excellent performance), his accent cannot be a basis for job restrictions. The fact that European-accented employees retain customer roles while Indian-accented employees are removed shows national origin bias.

What Raj should do:

  1. Document job change: Get written explanation for reassignment to back-office role
  2. Gather performance evidence: Collect customer service reviews showing excellent performance despite accent
  3. Identify comparative evidence: Document European employees with accents who retained customer roles
  4. Request objective standards: Ask for specific, objective job requirements for customer service roles
  5. Challenge pretextual reason: Argue accent didn’t impair performance (evidenced by reviews)
  6. File EEOC charge: National origin discrimination claim
  7. Seek restoration: Request return to customer service role with back pay for any wage difference
  8. Consult attorney: National origin claims involving accent can be complex

Strength of case: Strong. Excellent performance + comparative evidence (European accents OK) + explicit accent-based reason = national origin discrimination.

Example 7: Religion Discrimination – Denied Schedule Accommodation

Scenario: Ahmed, a Muslim employee, requests Friday afternoons off for Jummah (Friday prayer), offering to work early mornings, work through lunch, or swap shifts with willing coworkers. His employer denies the request without discussion, stating “we can’t accommodate everyone’s personal preferences” and “business needs come first.” The employer routinely allows Christian employees time off for Christmas events and has never denied Sunday shift swaps.

Why it’s illegal: Title VII requires reasonable accommodation for sincerely held religious beliefs unless it causes undue hardship. Ahmed proposed multiple reasonable alternatives (early mornings, lunch work-through, shift swaps) that would cause no undue hardship. The employer’s failure to engage in discussion or explore options violates Title VII. Allowing Christian employees religious accommodations while denying Muslim employees’ requests shows religious discrimination.

What Ahmed should do:

  1. Document accommodation request: Submit written request clearly identifying religious need
  2. Propose specific alternatives: List all scheduling options offered (early start, shift swap, etc.)
  3. Show no undue hardship: Explain why each alternative imposes minimal burden on employer
  4. Identify comparative treatment: Document Christian employees receiving religious accommodations
  5. Request in writing again: Formally request accommodation, referencing Title VII
  6. File EEOC charge if denied: Religious discrimination claim within 180-300 days
  7. Keep practicing faith: Continue attending Jummah if possible (document any retaliation)
  8. Seek legal counsel: Religious accommodation cases require careful handling

Strength of case: Strong. Multiple reasonable alternatives + comparative evidence (Christians accommodated) + employer’s refusal to engage = Title VII violation.

Example 8: Retaliation – Hours Cut After Wage Complaint

Scenario: Maria reports to HR that she and her female coworkers are paid $5/hour less than male employees doing the same job. She files a formal complaint citing Equal Pay Act violations. Two weeks later, her supervisor reduces her weekly hours from 40 to 20, claiming “slow business.” However, male employees’ hours remain unchanged, and the company is actively hiring new employees for Maria’s department.

Why it’s illegal: Title VII and Equal Pay Act prohibit retaliation against employees who oppose discrimination or participate in investigations. Maria engaged in protected activity (filing wage discrimination complaint). The timing (hours cut two weeks after complaint) combined with disparate treatment (male hours unchanged) creates strong evidence that the hour reduction was retaliation for her complaint, not legitimate business needs.

What Maria should do:

  1. Document timeline: Record exact date of wage complaint and date hours were reduced
  2. Show pretextual business reason: Document that male hours weren’t reduced + company is hiring
  3. Calculate damages: Track wage loss from hour reduction
  4. File retaliation complaint: Separate EEOC charge for retaliation (in addition to pay discrimination)
  5. Preserve original complaint: Keep copy of initial wage discrimination complaint
  6. Document continued discrimination: Also pursue original equal pay claim
  7. Seek immediate relief: Request restoration of hours pending investigation
  8. Consult attorney immediately: Retaliation cases can escalate; legal help critical

Strength of case: Very strong. Protected activity + close timing + pretextual reason + disparate treatment = textbook retaliation.

Example 9: Harassment – Hostile Work Environment Based on Sex

Scenario: Lisa works in a male-dominated construction office. Her supervisor and coworkers regularly make sexual comments, display pornographic images, tell crude jokes, and make unwanted advances. When Lisa reports the behavior to management, she’s told “it’s just locker room talk” and to “toughen up.” The harassment continues for six months. Lisa develops anxiety and depression but management takes no action despite repeated complaints.

Why it’s illegal: Title VII prohibits sexual harassment creating a hostile work environment. Harassment is illegal when it’s severe or pervasive enough to create an abusive work environment. Lisa’s situation includes: (1) unwelcome sexual conduct, (2) severity/pervasiveness (ongoing for months, multiple types of harassment), (3) employer knowledge (she reported it), and (4) employer’s failure to take corrective action.

What Lisa should do:

  1. Document every incident: Keep detailed log with dates, times, who did/said what, witnesses
  2. Report through proper channels: File written complaints per company policy (keep copies)
  3. Seek medical treatment: Get documentation of anxiety/depression for damages claim
  4. Preserve evidence: Save crude emails, take photos of pornographic displays (if safe)
  5. File EEOC charge: Sexual harassment/hostile work environment claim
  6. Request immediate action: Demand employer stop harassment and discipline harassers
  7. Consider constructive discharge: If forced to quit due to unbearable conditions
  8. Consult employment attorney: Harassment cases require careful evidence preservation

Strength of case: Strong. Multiple incidents + employer knowledge + failure to act + documented harm = hostile work environment.

Example 10: Equal Pay Violation – Unequal Pay for Equal Work

Scenario: Jennifer and Mark both work as marketing coordinators for the same company, hired within months of each other with similar experience. They perform identical job duties: managing social media, creating content, coordinating campaigns. Jennifer discovers Mark earns $62,000 while she earns $48,000 – a $14,000 (23%) pay gap. When she asks why, HR says Mark “negotiated better” during hiring.

Why it’s illegal: Equal Pay Act requires equal pay for equal work regardless of sex. If Jennifer and Mark perform substantially equal work requiring equal skill, effort, and responsibility under similar working conditions, the pay disparity violates the EPA unless the employer can prove the difference is based on seniority, merit, quantity/quality of production, or any factor other than sex. “Negotiated better” is not a valid defense under the Equal Pay Act.

What Jennifer should do:

  1. Document identical duties: Create detailed comparison of job responsibilities
  2. Gather job descriptions: Compare official descriptions for both positions
  3. Show equal qualifications: Document similar education, experience, skills
  4. Calculate damages: $14,000/year × years employed = significant back pay claim
  5. Request pay adjustment: Formally request pay equity in writing
  6. File EEOC charge: Equal Pay Act claim (can also allege Title VII sex discrimination)
  7. Seek liquidated damages: EPA allows doubling of back pay for willful violations
  8. Identify other women: Look for pattern of underpaying women in same roles

Strength of case: Strong. Identical work + significant pay gap + weak employer justification = Equal Pay Act violation.

Example 11: Genetic Information Discrimination – GINA Violation

Scenario: During a casual conversation, David mentions to his supervisor that his father and grandfather both died of early-onset Alzheimer’s disease and he’s considering genetic testing. Two weeks later, David is removed from a management training program without explanation. His supervisor later tells HR (documented in notes) that “we can’t invest in training someone who might develop cognitive issues.”

Why it’s illegal: Genetic Information Nondiscrimination Act (GINA) prohibits using genetic information (including family medical history) in employment decisions. David’s family history of Alzheimer’s is genetic information. Removing him from training because of concern he might develop the condition violates GINA. The supervisor’s comment is direct evidence of unlawful genetic information discrimination.

What David should do:

  1. Document disclosure: Record when and how genetic information was shared
  2. Obtain supervisor’s statement: Get copy of HR notes quoting supervisor’s illegal reason
  3. Show adverse action: Document removal from training program and career impact
  4. Request restoration: Ask to be reinstated to management training program
  5. File EEOC charge: GINA violation claim within 180-300 days
  6. Educate employer: GINA prohibits using genetic information, even if employer wasn’t aware
  7. Preserve all evidence: Supervisor’s statement is smoking-gun evidence
  8. Seek legal counsel: GINA cases are less common; attorney familiar with GINA helpful

Strength of case: Very strong. Direct evidence (supervisor’s statement) + clear adverse action = GINA violation.

Example 12: Sexual Orientation Discrimination – Benefits Denied to Same-Sex Spouse

Scenario: James is married to his husband, Robert. When James enrolls in his employer’s health insurance, he requests coverage for Robert under the spousal benefits plan. His employer denies the request, stating the company’s benefits only cover “traditional marriages” between a man and woman. Opposite-sex spouses of James’s coworkers receive full benefits.

Why it’s illegal: Bostock v. Clayton County (2020) established that Title VII’s prohibition on sex discrimination includes discrimination based on sexual orientation. Denying benefits to same-sex spouses while providing them to opposite-sex spouses is sexual orientation discrimination, which violates Title VII. The explicit “traditional marriage” reason proves discriminatory intent.

What James should do:

  1. Document denial: Get written explanation for benefits denial
  2. Obtain benefits policy: Request copy of plan documents and eligibility requirements
  3. Show disparate treatment: Document that opposite-sex spouses receive benefits
  4. Request immediate enrollment: Demand Robert be enrolled with benefits retroactive to denial date
  5. Calculate damages: Document medical expenses paid out-of-pocket due to lack of coverage
  6. File EEOC charge: Sexual orientation discrimination under Title VII
  7. Preserve denial letter: Explicit “traditional marriage” language is direct evidence
  8. Consider class claim: Other LGBTQ+ employees may face same discrimination

Strength of case: Very strong. Post-Bostock, denying benefits to same-sex spouses is clear Title VII violation. Direct evidence of discriminatory reason.

Example 13: Gender Identity Discrimination – Restroom Access Denied

Scenario: Alex is a transgender woman. After transitioning, she requests to use the women’s restroom consistent with her gender identity. Her employer denies the request, stating she must use either the men’s restroom or a single-occupancy restroom in a different building five minutes away. Alex’s female coworkers use the women’s restroom near their workspace. This creates daily humiliation and productivity issues.

Why it’s illegal: Title VII protects transgender employees from discrimination based on sex (including gender identity) per Bostock v. Clayton County. Forcing Alex to use different facilities than her cisgender female colleagues constitutes sex discrimination. Requiring her to use a distant restroom while other women use the nearby facility creates unequal terms and conditions of employment.

What Alex should do:

  1. Document request and denial: Keep written record of restroom access request
  2. Show disparate treatment: Document that cisgender women use nearby restroom
  3. Explain impact: Detail daily humiliation, lost work time walking to distant facility
  4. Request equal access: Demand use of women’s restroom consistent with gender identity
  5. File EEOC charge: Sex discrimination (transgender status) under Title VII
  6. Cite Bostock: Reference Supreme Court precedent protecting transgender workers
  7. Seek immediate relief: Request interim relief during EEOC investigation
  8. Consult LGBTQ+-focused attorney: Attorney experienced with transgender discrimination cases

Strength of case: Strong. Post-Bostock, denying restroom access consistent with gender identity violates Title VII.

Example 14: Intersectional Discrimination – Multiple Protected Characteristics

Scenario: Carmen is a 55-year-old Latina woman. Despite 20 years of experience and excellent performance, she’s repeatedly passed over for senior positions. The company consistently promotes younger white men, including some Carmen trained. Management has made comments that they need “younger leadership” and someone who “looks the part” for client meetings. Carmen suspects she faces discrimination based on age, race, and sex simultaneously.

Why it’s illegal: Intersectional discrimination involves bias based on multiple protected characteristics. Courts recognize that discrimination can be based on the combination of characteristics (older Latina woman) even if the employer wouldn’t discriminate based on one characteristic alone. The age-related (“younger leadership”) and appearance-based (“looks the part”) comments combined with the pattern of promoting younger white men creates evidence of discrimination based on age + race + sex.

What Carmen should do:

  1. Document all protected characteristics: Note she faces potential discrimination on three bases
  2. Gather promotion data: Track who gets promoted (age, race, sex demographics)
  3. Show pattern: Demonstrate company consistently promotes younger, white, male employees
  4. Preserve discriminatory comments: “Younger leadership” and “looks the part” are evidence
  5. Compare qualifications: Show her superior experience vs. those promoted
  6. File EEOC charge listing all bases: Allege age, race, and sex discrimination
  7. Emphasize intersectionality: Argue discrimination based on combination of characteristics
  8. Seek experienced attorney: Intersectional cases can be complex

Strength of case: Moderate to strong. Intersectional claims are more complex, but pattern of promotions + discriminatory comments + superior qualifications create viable case.

Example 15: Constructive Discharge – Forced to Quit Due to Intolerable Conditions

Scenario: After reporting her manager for sexual harassment, Tanya faces constant retaliation: hostile comments, exclusion from meetings, worst assignments, schedule changes without notice, and false accusations of poor performance. She files multiple HR complaints, but nothing improves. After six months of escalating mistreatment, Tanya’s doctor recommends she leave for her mental health. She resigns, unable to endure the hostile environment any longer.

Why it’s illegal: Constructive discharge occurs when an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign. If proven, constructive discharge is treated as a termination for legal purposes. Tanya’s situation involves: (1) protected activity (harassment complaint), (2) severe retaliation creating intolerable conditions, (3) employer knowledge (multiple complaints), (4) no corrective action, and (5) resignation as result. This is both constructive discharge and retaliation.

What Tanya should do:

  1. Document escalating retaliation: Detailed timeline of hostile treatment after harassment complaint
  2. Preserve all HR complaints: Show repeated complaints with no employer action
  3. Get medical documentation: Doctor’s notes recommending she leave for health reasons
  4. Show intolerable conditions: Demonstrate no reasonable person could endure treatment
  5. Give employer final chance: Send final complaint outlining intolerable conditions before resigning
  6. File EEOC charge immediately after resignation: Allege retaliation and constructive discharge
  7. Seek unemployment benefits: Argue resignation was involuntary (constructive discharge)
  8. Consult attorney before resigning if possible: Constructive discharge timing is critical

Strength of case: Moderate to strong. Constructive discharge is harder to prove than outright termination, but documented pattern of retaliation + medical evidence + employer’s failure to act creates viable claim.

What Is NOT Illegal Discrimination

It’s important to understand that not all unfair treatment is illegal discrimination. These situations generally do NOT violate employment discrimination laws:

1. General Unfairness Without Protected Characteristic

Example: Your boss gives a promotion to their friend even though you’re more qualified. Not illegal unless there’s evidence the decision was based on your race, sex, age, etc.

2. Personality Conflicts

Example: Your manager doesn’t like you because you have different work styles. Not illegal unless the “personality conflict” is actually code for bias against your protected characteristic.

3. Favoritism and Nepotism

Example: The owner’s nephew gets preferential treatment. Not illegal (absent discrimination) – employers can favor relatives or friends as long as it’s not based on protected characteristics.

4. Isolated Incidents (Unless Severe)

Example: A coworker makes one offensive comment about your religion. Probably not illegal unless the comment is severe. Harassment usually must be pervasive (repeated) or severe (extremely offensive single incident).

5. Legitimate Business Decisions

Example: Company eliminates your department due to budget cuts. Not illegal if the decision is truly business-related and not pretext for discrimination.

Key distinction: Ask yourself, “Would the employer have treated me differently if I were a different race/sex/age?” If the answer is “no, they’d treat anyone this way,” it’s probably not illegal discrimination.

How to Document Workplace Discrimination

Effective documentation is critical to proving discrimination. Here’s how to build your case:

Create a Detailed Timeline

Record for each incident:

  • Date and time
  • Location
  • Who was present (witnesses)
  • Exactly what happened or was said (quote whenever possible)
  • How it made you feel
  • Any response you gave
  • Who you reported it to and when

Example entry: “March 15, 2025, 2:30 PM – Manager’s office. Present: Manager John Smith, me. John said ‘We’re promoting Mike instead of you because clients prefer dealing with men in this role.’ I responded that my sales numbers are higher than Mike’s. John said ‘It’s not negotiable.’ I felt humiliated and discriminated against. Reported to HR via email same day at 4:00 PM.”

Gather Supporting Evidence

Collect:

  • Performance reviews
  • Emails and text messages
  • Company policies (especially anti-discrimination policies)
  • Job descriptions
  • Pay stubs and salary information
  • Promotion announcements
  • Demographic data (who gets promoted, hired, fired)
  • Medical documentation (for disability or harassment-related health issues)
  • Witness statements

Report Internally First (Usually)

Why report to HR:

  • Creates official record
  • Gives employer chance to fix the problem
  • Required for harassment claims (employer must have notice)
  • Shows you exhausted internal remedies

How to report:

  • In writing (email is fine)
  • Clearly state you’re reporting discrimination/harassment
  • Describe the conduct
  • Request investigation and corrective action
  • Keep a copy

File EEOC Charge Promptly

Deadlines:

  • 180 days in states without state anti-discrimination agency
  • 300 days in states with work-sharing agreement with EEOC

Don’t wait: File as soon as possible. Evidence disappears, memories fade, and missing the deadline destroys your claim.

Where to Get Help

File EEOC Charge

Equal Employment Opportunity Commission (EEOC)

Process:

  1. Submit inquiry online or call
  2. EEOC schedules interview
  3. You provide evidence
  4. EEOC investigates
  5. EEOC issues findings and right-to-sue letter

State Anti-Discrimination Agencies

Many states have agencies that enforce state anti-discrimination laws:

  • California: Civil Rights Department (CRD)
  • New York: Division of Human Rights
  • Texas: No state agency (file with EEOC)
  • Illinois: Department of Human Rights

Check your state: Search “[your state] employment discrimination agency”

Find an Employment Attorney

How to find:

  • National Employment Lawyers Association: nela.org/find-a-lawyer
  • State bar referral services: Most state bars have lawyer referral programs
  • Free consultations: Many employment attorneys offer free initial consultations
  • Contingency fees: Many work on contingency (you pay only if you win)

Free Legal Aid

If you can’t afford an attorney:

  • Legal Aid organizations (search “[your city] legal aid employment”)
  • Law school clinics
  • Pro bono programs through bar associations

Related Resources

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Employment discrimination laws vary by jurisdiction and individual circumstances. For advice specific to your situation, please consult with a licensed employment attorney. Employment Law Aid is not a law firm and does not provide legal representation.