Free Evaluation
Free Evaluation

Workplace Discrimination: Federal Protections Under Title VII, ADA, and ADEA

Workplace discrimination occurs when an employer treats you differently based on protected characteristics like race, sex, age, disability, religion, or national origin. Multiple federal laws prohibit employment discrimination: Title VII of the Civil Rights Act of 1964 protects against discrimination based on race, color, sex, religion, and national origin for employers with 15 or more employees. The Americans with Disabilities Act (ADA) prohibits disability discrimination for the same employer size. The Age Discrimination in Employment Act (ADEA) protects workers 40 and older from age discrimination for employers with 20 or more employees. These federal protections establish minimum standards, while many states provide broader coverage and stronger remedies.

Protected Classes Under Federal Law

Federal anti-discrimination laws protect specific characteristics called protected classes. Understanding which characteristics receive protection helps you identify discrimination.

Race and Color – Title VII

Title VII prohibits discrimination based on race and color. Race includes ancestry or ethnic characteristics associated with racial groups. Color refers to skin pigmentation, which can lead to discrimination even among people of the same race.

Race discrimination includes treating employees unfavorably because they are a certain race or because of characteristics associated with race, such as hair texture, skin color, or facial features. It also includes discrimination because of marriage to or association with someone of a particular race.

Examples of race discrimination:

  • Refusing to hire qualified applicants because of their race
  • Paying employees less based on race
  • Assigning undesirable work based on race
  • Denying promotions to employees of certain races
  • Terminating employees because of their race
  • Creating a hostile environment with racial slurs, jokes, or epithets

Color discrimination can occur within the same racial group. Lighter-skinned and darker-skinned people of the same race may face different treatment based on skin tone. This is illegal under Title VII.

The law prohibits both intentional discrimination and practices that appear neutral but disproportionately impact certain races without business justification (disparate impact discrimination).

Sex and Gender – Title VII and PDA

Title VII prohibits discrimination based on sex. Courts have interpreted “sex” broadly to include:

Gender discrimination: Treating someone unfavorably because of their gender. This includes refusing to hire women for certain positions, paying women less than men for equal work, or denying promotions based on gender stereotypes.

Pregnancy discrimination: The Pregnancy Discrimination Act (PDA) amended Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy like any other temporary medical condition for all employment-related purposes including hiring, promotion, and benefits.

Sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other harassment of a sexual nature constitute sex discrimination. This is covered in detail in Sexual Harassment.

Sex stereotyping: Discrimination because someone doesn’t conform to gender stereotypes violates Title VII. Penalizing a woman for being “too aggressive” or a man for being “not masculine enough” is sex discrimination.

Sexual orientation and gender identity: The Supreme Court held in Bostock v. Clayton County (2020) that discrimination based on sexual orientation or transgender status is sex discrimination under Title VII. An employer who fires someone for being gay or transgender discriminates based on sex.

Examples of sex discrimination:

  • Refusing to hire women for physically demanding jobs
  • Paying women less than men for substantially similar work
  • Denying pregnancy leave or firing pregnant workers
  • Harassing employees because of their sexual orientation
  • Disciplining transgender employees for using restrooms matching their gender identity
  • Refusing to promote women because “clients prefer working with men”

Religion – Title VII

Title VII prohibits discrimination based on religion. This includes all aspects of religious observance, practice, and belief. Religion is broadly defined to include traditional organized religions and sincerely held religious, ethical, or moral beliefs.

Religious discrimination includes:

  • Refusing to hire someone because of their religion
  • Firing employees who convert to a different religion
  • Harassing employees about their religious beliefs
  • Forcing employees to participate in religious activities
  • Denying religious accommodations without undue hardship

Reasonable accommodation requirement: Unlike other protected classes, religion requires affirmative accommodation. Employers must reasonably accommodate employees’ sincerely held religious beliefs unless doing so would impose an undue hardship on the business.

Reasonable religious accommodations include:

  • Flexible scheduling for religious observances
  • Voluntary shift swaps for Sabbath or holy days
  • Dress code exceptions for religious garments (hijabs, yarmulkes, turbans)
  • Workplace modifications for prayer or religious practices
  • Exceptions from grooming policies for religious reasons

Employers must provide accommodation unless it creates more than minimal cost or burden on business operations. This “undue hardship” standard for religion is easier for employers to meet than the ADA’s undue hardship standard.

National Origin – Title VII

Title VII prohibits discrimination based on national origin—the country where you or your ancestors came from. This includes discrimination based on:

Birthplace: Where you were born, including U.S. territories like Puerto Rico

Ancestry: Your ethnic or cultural heritage

Physical, cultural, or linguistic characteristics: Accent, dress, customs, or manner of speaking associated with national origin groups

Association: Marriage to or association with people of a certain national origin

Perceived national origin: Discrimination based on the national origin the employer believes you have, even if wrong

Examples of national origin discrimination:

  • Refusing to hire qualified applicants with foreign accents
  • English-only rules that aren’t justified by business necessity
  • Requiring U.S. citizenship when not legally required for the position
  • Harassing employees with ethnic slurs or “jokes”
  • Denying promotions to immigrants or people with foreign names
  • Treating employees differently based on accent

English-only rules: Employers can require employees to speak only English during work time if the rule is justified by business necessity and employees are notified. However, blanket English-only rules that apply at all times (including breaks) or rules not justified by business needs violate Title VII.

Age 40 and Over – ADEA

The Age Discrimination in Employment Act protects workers age 40 and older from discrimination based on age. The ADEA applies to employers with 20 or more employees, slightly different from Title VII’s 15-employee threshold.

Age discrimination includes treating employees or applicants less favorably because of their age. The law doesn’t protect workers under 40 from age discrimination (though some state laws do).

Examples of age discrimination:

  • Refusing to hire qualified older workers
  • Forcing retirement based on age (with limited exceptions)
  • Laying off older workers disproportionately during reductions in force
  • Denying training or promotions to older workers
  • Making age-related comments like “we want young blood” or “you’re too old for this”
  • Setting maximum age limits for hiring or promotion

The ADEA allows certain age-based employment decisions when age is a bona fide occupational qualification (BFOQ) reasonably necessary to the business. This exception is narrow and rarely applies.

Disparate impact: The ADEA prohibits practices that disproportionately harm older workers unless the practice is based on reasonable factors other than age. For example, layoffs targeting the highest-paid workers may disproportionately affect older workers but might be justified by legitimate cost-cutting needs.

Disability – ADA

The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities. The ADA applies to employers with 15 or more employees, covering private employers, state and local governments, employment agencies, and labor unions.

Who has a disability under the ADA:

The ADA defines disability as:

  1. A physical or mental impairment that substantially limits one or more major life activities
  2. A record of such an impairment
  3. Being regarded as having such an impairment

Major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, working, and major bodily functions (immune system, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions).

The definition is broad. Conditions like diabetes, cancer, epilepsy, HIV/AIDS, bipolar disorder, major depression, PTSD, autism, cerebral palsy, multiple sclerosis, and many others qualify as disabilities.

Substantially limits: After the ADA Amendments Act of 2008, this standard is interpreted broadly in favor of coverage. An impairment doesn’t need to severely or significantly restrict a major life activity to be substantially limiting.

Qualified individual with a disability: You must be able to perform the essential functions of the job, with or without reasonable accommodation. Essential functions are the fundamental job duties, not marginal tasks.

Reasonable accommodation requirement: Employers must provide reasonable accommodations that enable qualified individuals with disabilities to perform essential job functions, unless doing so would impose undue hardship.

Reasonable accommodations include:

  • Modifying work schedules or allowing flexible hours
  • Restructuring jobs by reallocating marginal functions
  • Providing assistive technology or equipment
  • Modifying workplace facilities for accessibility
  • Allowing telework or remote work
  • Providing readers, interpreters, or assistants
  • Modifying policies (like allowing service animals)
  • Granting leave for treatment or recovery

Undue hardship: Employers need not provide accommodations that impose significant difficulty or expense considering the employer’s size, financial resources, and business structure. This is a higher standard than the “minimal cost” threshold for religious accommodations.

Examples of disability discrimination:

  • Refusing to hire qualified applicants because they have disabilities
  • Denying reasonable accommodations without showing undue hardship
  • Asking disability-related questions before making a job offer
  • Firing employees because they develop disabilities
  • Paying employees with disabilities less for equal work
  • Harassing employees because of their disabilities

Source: EEOC Laws, Regulations & Guidance

Genetic Information – GINA

The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on genetic information. Genetic information includes information about your genetic tests, family medical history, requests for genetic services, and genetic information of family members.

Employers cannot:

  • Refuse to hire or fire based on genetic information
  • Request, require, or purchase genetic information about employees or applicants
  • Discriminate in compensation, terms, or conditions of employment
  • Harass employees based on genetic information

GINA has limited exceptions allowing employers to inadvertently obtain genetic information (like overhearing conversations about family medical history) as long as they don’t use it for employment decisions.

What Is Discrimination: Defining Illegal Treatment

Understanding what constitutes discrimination helps you recognize violations. Not all unfair treatment is illegal discrimination—it must be based on a protected characteristic.

Adverse Employment Actions

Discrimination typically involves adverse employment actions: decisions or treatments that significantly affect your employment. These include:

Hiring and recruitment: Refusing to hire qualified applicants, using discriminatory job advertisements, limiting recruitment to certain groups, or asking prohibited questions during interviews.

Termination: Firing employees because of protected characteristics. This is the most common and obvious form of discrimination.

Compensation: Paying employees different wages, salaries, or benefits based on protected characteristics when they perform equal work. The Equal Pay Act specifically prohibits sex-based wage discrimination.

Promotion and advancement: Denying promotions to qualified employees because of their protected status or promoting less qualified individuals because they belong to favored groups.

Job assignments: Assigning undesirable tasks, shifts, or locations based on protected characteristics, or denying desirable assignments.

Training and development: Excluding employees from training opportunities that could lead to advancement.

Discipline: Disciplining employees more harshly than others for the same conduct based on protected status.

Benefits: Providing different benefits, insurance, retirement plans, or leave policies based on protected characteristics.

Harassment creating hostile environment: Severe or pervasive harassment based on protected characteristics that alters working conditions constitutes discrimination even without economic harm.

Non-Adverse Actions Aren’t Discrimination

Not every negative experience at work is illegal discrimination. To violate federal law, the treatment must be:

Based on a protected characteristic: Unfair treatment unrelated to protected classes isn’t illegal discrimination. A manager who’s rude to everyone equally isn’t discriminating. A manager who’s only rude to women, older workers, or racial minorities may be.

Materially adverse: The action must significantly affect employment terms and conditions. Trivial annoyances, petty slights, or minor inconveniences typically don’t rise to the level of adverse actions, though they may contribute to harassment patterns.

Types of Discrimination: Disparate Treatment and Disparate Impact

Federal law recognizes two main theories of discrimination: disparate treatment (intentional discrimination) and disparate impact (practices with discriminatory effects).

Disparate Treatment (Intentional Discrimination)

Disparate treatment occurs when an employer intentionally treats someone less favorably because of a protected characteristic. This is the most common type of discrimination claim.

Direct evidence: Explicit statements or actions showing discriminatory intent are rare but powerful evidence. If your supervisor says “I’m firing you because you’re too old,” that’s direct evidence of age discrimination.

Circumstantial evidence: Most discrimination cases rely on circumstantial evidence—facts that suggest discrimination occurred. The McDonnell Douglas framework guides courts in evaluating circumstantial evidence.

McDonnell Douglas burden-shifting framework:

Step 1 – Employee’s prima facie case: You must establish:

  1. You belong to a protected class
  2. You were qualified for the position or performing your job satisfactorily
  3. You suffered an adverse employment action
  4. The action occurred under circumstances suggesting discrimination (such as replacement by someone outside your protected class)

Step 2 – Employer’s legitimate reason: The employer must articulate a legitimate, non-discriminatory reason for the action. This burden is light—the employer need only state a reason, not prove it.

Step 3 – Employee proves pretext: You must prove the employer’s stated reason is pretext (a lie) hiding discrimination. You can show pretext by proving the reason is false, not believable, or inconsistent with the employer’s other actions.

Examples of pretext evidence:

  • Employer’s stated reason is factually false
  • Employer applied policies inconsistently (discipline for you but not others)
  • Employer’s explanation changes over time
  • Temporal proximity between learning of protected status and adverse action
  • Discriminatory statements by decision-makers
  • Statistical evidence of pattern and practice

Pattern and practice evidence: Repeated decisions affecting a protected group support inference of discrimination. If a company never promotes Black employees to management despite qualified candidates, this pattern suggests systemic discrimination.

Disparate Impact (Unintentional Discrimination)

Disparate impact occurs when a facially neutral employment practice disproportionately affects a protected group and isn’t justified by business necessity. The employer doesn’t need discriminatory intent—the discriminatory effect is enough.

Elements of disparate impact claims:

1. Identify specific practice: You must identify the particular employment practice causing the disparity, not just point to statistical disparities.

2. Show disparate impact: Prove the practice disproportionately affects a protected group. Statistical evidence usually demonstrates this.

3. Employer shows business necessity: If you prove disparate impact, the employer must show the practice is job-related and consistent with business necessity.

4. Less discriminatory alternative exists: Even if the practice is justified by business necessity, you can prevail by showing a less discriminatory alternative achieves the employer’s legitimate goals.

Examples of disparate impact:

  • Minimum height and weight requirements that screen out women without job-related justification
  • Written tests that disproportionately screen out racial minorities without validating job-relatedness
  • Policies prohibiting head coverings that screen out religious minorities without business justification
  • Requiring high school diplomas for jobs where that education level isn’t necessary, screening out certain racial groups
  • “No beard” policies that disproportionately affect Black men (who have higher rates of pseudofolliculitis barbae) without business justification

Disparate impact claims are complex and typically require expert testimony and statistical analysis. They’re more common in systemic discrimination cases involving company-wide practices.

Mixed-Motive Cases

Sometimes employers have both discriminatory and legitimate reasons for employment decisions. In mixed-motive cases, you prove discrimination was a motivating factor, even if other factors also motivated the decision.

Under Title VII, if you prove a protected characteristic was a motivating factor for an adverse action, the employer is liable even if legitimate reasons also existed. However, if the employer proves it would have made the same decision absent discrimination, you may only receive declaratory relief and attorney’s fees, not damages or reinstatement.

The ADEA doesn’t allow mixed-motive claims under the same standard—you must prove age was the “but for” cause of the decision, making ADEA claims harder to prove than Title VII claims.

Source: McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)

Federal Law Coverage: Which Employers Must Comply

Understanding coverage helps you know whether federal law protects you or whether you must rely on state law.

Title VII and ADA: 15+ Employees

Title VII and the ADA apply to employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding year. This threshold is relatively low, covering most businesses beyond very small operations.

Counting employees: All individuals on the payroll count toward the threshold, including part-time workers, temporary employees, and workers on leave. The employer doesn’t need 15 employees every single day, just during the statutory period.

Covered employers: Private employers, state and local governments, educational institutions, employment agencies, and labor unions are covered. The federal government is covered by different statutes with similar protections.

ADEA: 20+ Employees

The ADEA applies to employers with 20 or more employees in each working day in 20 or more calendar weeks in the current or preceding year. The slightly higher threshold means some employers covered by Title VII aren’t covered by the ADEA.

Who Counts as an “Employee”

Courts distinguish between employees and independent contractors. Only employees receive Title VII, ADA, and ADEA protections. Employers sometimes misclassify workers as independent contractors to avoid employment law obligations.

Courts use multi-factor economic reality tests to determine employment status, looking at:

  • Employer’s control over work performance
  • Worker’s opportunity for profit or loss
  • Worker’s investment in equipment or materials
  • Permanence of the relationship
  • Degree of skill required
  • Whether work is integral to employer’s business

If you’re economically dependent on the employer and they control how you perform your work, you’re likely an employee regardless of what your contract says.

Geographic Coverage

Federal discrimination laws apply throughout the United States and territories. For U.S. companies operating abroad, Title VII and ADA cover U.S. citizens working overseas for American employers, unless compliance would violate foreign law.

Employment Actions Covered: Hiring Through Termination

Federal anti-discrimination laws apply to all terms, conditions, and privileges of employment. Discrimination can occur at any stage of the employment relationship.

Hiring and Recruitment

Job advertisements: Employers cannot advertise positions in ways that discourage applicants based on protected characteristics. Ads seeking “recent college grads” may discriminate against older workers. Ads seeking “native English speakers” may discriminate based on national origin.

Application processes: Employers cannot ask questions designed to elicit information about protected characteristics unless directly related to job requirements. Questions about age, marital status, disabilities, or arrest records may violate discrimination laws.

Interview questions: Interviewers cannot ask about pregnancy plans, religious practices, disability history, or other protected characteristics. Permissible questions focus on ability to perform job functions.

Selection criteria: Criteria that screen out protected groups must be job-related and consistent with business necessity. Unnecessarily restrictive qualifications may constitute discrimination.

Background checks: Criminal background checks that disproportionately screen out racial minorities must be job-related and consistent with business necessity. The EEOC has issued guidance on proper use of criminal records.

Compensation and Benefits

Wage discrimination: Paying employees differently based on protected characteristics violates federal law. The Equal Pay Act specifically prohibits sex-based wage discrimination for substantially equal work.

Benefits: Employers cannot provide different health insurance, retirement benefits, life insurance, or other benefits based on protected characteristics. The Pregnancy Discrimination Act requires pregnancy-related benefits equal to those provided for other temporary medical conditions.

Bonuses and incentives: Discretionary bonuses and incentive compensation cannot be distributed in discriminatory ways.

Promotions and Career Advancement

Promotion denials: Refusing to promote qualified employees because of protected characteristics violates federal law. This includes glass ceiling practices that systematically exclude certain groups from advancement.

Career development: Excluding employees from mentoring, training, or networking opportunities because of protected characteristics limits career advancement discriminatorily.

Performance evaluations: Biased performance reviews that underrate employees because of protected characteristics can support discrimination claims and lead to denied promotions.

Job Assignments and Working Conditions

Undesirable assignments: Consistently assigning unpleasant tasks, undesirable shifts, or remote locations to members of protected groups constitutes discrimination.

Segregation: Assigning employees to positions or departments based on protected characteristics violates federal law, even if pay and benefits are equal.

Customer preferences: Employers cannot make assignments based on customer or client preferences for certain demographics. “Our clients prefer to work with men” doesn’t justify denying women assignments.

Discipline and Termination

Disciplinary disparities: Disciplining members of protected groups more harshly than others for the same misconduct is discrimination. If white employees receive warnings for tardiness but Black employees are fired, that’s race discrimination.

Termination: Firing employees because of protected characteristics is the most common discrimination claim. Terminations require especially careful scrutiny for discriminatory motives.

Reductions in force: Layoffs that disproportionately affect protected groups may constitute disparate impact discrimination unless justified by legitimate business reasons and applied fairly.

Leave and Accommodations

Disability accommodations: Denying reasonable accommodations to qualified individuals with disabilities violates the ADA unless the accommodation would impose undue hardship.

Religious accommodations: Refusing to accommodate sincerely held religious beliefs unless they impose more than minimal burden violates Title VII.

Pregnancy accommodations: Under the Pregnancy Discrimination Act, employers must treat pregnancy like other temporary medical conditions for leave and accommodation purposes. Some states go further, requiring specific pregnancy accommodations.

Reasonable Accommodation Requirements

Unlike other protected classes, disability and religion require affirmative employer action beyond simply not discriminating.

Disability Accommodations Under the ADA

The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose undue hardship. This is a cornerstone of disability rights law.

The Interactive Process

When an employee requests accommodation or the employer becomes aware of a need for accommodation, the employer must engage in an interactive process—a good-faith dialogue to identify effective accommodations.

Steps in the interactive process:

1. Employee requests accommodation: You don’t need to use magic words like “reasonable accommodation” or mention the ADA. A request for assistance due to a medical condition triggers the process.

2. Employer may request medical documentation: If your disability and need for accommodation aren’t obvious, the employer can request documentation from healthcare providers. The employer can ask about the nature of the disability, how it limits major life activities, and why you need the requested accommodation.

3. Identify limitations and potential accommodations: Through dialogue, you and your employer identify how your disability limits your ability to perform essential functions and what accommodations might help.

4. Assess accommodation effectiveness: Consider whether proposed accommodations would enable you to perform essential job functions.

5. Implement accommodation: Select and implement an effective reasonable accommodation.

The employer doesn’t have to provide your preferred accommodation, but must provide an effective one. If multiple effective accommodations exist, the employer can choose which to provide.

Types of Reasonable Accommodations

Job restructuring: Reallocating or redistributing marginal (non-essential) job functions to other employees. Employers need not eliminate essential functions.

Modified work schedules: Flexible arrival and departure times, part-time schedules, or adjusted break schedules to accommodate medical needs.

Telework: Allowing work from home when job duties can be performed remotely.

Leave: Granting leave beyond what the employer provides to other employees, as long as it doesn’t impose undue hardship. Leave can be an accommodation when it enables you to return to work able to perform essential functions.

Workplace modifications: Physical changes to workspaces, such as installing ramps, adjusting desk heights, improving lighting, or reconfiguring spaces.

Assistive technology: Providing screen readers, voice recognition software, modified computer equipment, or other assistive devices.

Modified policies: Allowing service animals even with “no pets” policies, permitting food or drink despite general prohibitions to accommodate medical needs, or modifying attendance policies.

Reassignment: Transferring employees who can no longer perform their current position (even with accommodation) to vacant positions they’re qualified for. Reassignment is the accommodation of last resort when no accommodation enables you to perform your current job.

Undue Hardship Defense

Employers can deny accommodations that would impose undue hardship—significant difficulty or expense considering:

Nature and cost of accommodation: Expensive accommodations aren’t automatically undue hardships for large, profitable employers.

Employer’s financial resources: Small employers face undue hardship at lower accommodation costs than large corporations.

Effect on operations: Accommodations that fundamentally alter business operations or impose more than minimal burden may constitute undue hardship.

The undue hardship standard is defendant-friendly but not trivial. Employers must present evidence of actual hardship, not speculate about potential problems.

Religious Accommodations Under Title VII

Employers must reasonably accommodate sincerely held religious beliefs unless doing so would impose undue hardship. Unlike the ADA’s undue hardship standard, religious undue hardship requires only minimal cost or burden.

Common religious accommodations:

  • Schedule modifications for Sabbath observance or religious holidays
  • Voluntary shift swaps or substitutions
  • Dress code exceptions for religious garments
  • Modifications to grooming policies for religious practices
  • Excusal from participation in certain tasks that conflict with religious beliefs
  • Providing space for prayer or religious practices

Employers can deny accommodations that impose more than minimal cost, disrupt other employees, or impair workplace safety. This is a much lower standard than ADA undue hardship.

Source: EEOC Reasonable Accommodation and Undue Hardship

How to File EEOC Charge

To sue for discrimination under Title VII, ADA, or ADEA, you must first file a charge with the Equal Employment Opportunity Commission. This administrative exhaustion requirement gives the EEOC opportunity to investigate and resolve claims before litigation.

Filing Deadlines: 180/300 Days

You must file your EEOC charge within 180 days of the discriminatory act under federal law. In states with fair employment practice agencies (deferral states), the deadline extends to 300 days. Most states are deferral states.

The deadline is strict. Missing it means you lose your right to sue under federal law. Courts rarely excuse late filing except in extraordinary circumstances like employer fraud or employee incapacitation.

For continuing violations like ongoing harassment, the deadline runs from the last discriminatory act. For discrete acts like termination or promotion denial, the deadline runs from when that act occurred.

How to File

Online: Use the EEOC’s public portal at eeoc.gov to submit an inquiry, which leads to charge filing.

Phone: Call 1-800-669-4000 to speak with an EEOC representative.

In person: Visit any EEOC field office for assistance with filing.

Mail: Send written charges to EEOC offices, though online or in-person filing is faster.

What to Include in Your Charge

Your charge should identify:

  • Your contact information
  • Your employer’s name and contact information
  • Number of employees (to establish coverage)
  • Description of the discrimination
  • Dates when discrimination occurred
  • The protected characteristic involved (race, sex, age, disability, etc.)

Be specific about what happened, when, who was involved, and why you believe it was discriminatory. The more detail you provide, the better the EEOC can investigate.

EEOC Investigation and Mediation

After filing, the EEOC determines whether to investigate your charge. The agency may offer mediation—a free, voluntary process where a neutral mediator helps you and your employer negotiate a resolution.

If mediation fails or doesn’t occur, the EEOC investigates by:

  • Requesting documents from your employer
  • Interviewing witnesses
  • Reviewing policies and practices
  • Analyzing evidence

Your employer submits a position statement responding to your charge. You can submit a rebuttal and additional evidence.

EEOC Determinations and Right to Sue

After investigating, the EEOC issues one of these determinations:

Cause: The EEOC finds reasonable cause to believe discrimination occurred. The EEOC then attempts conciliation (settlement negotiations). If settlement fails, the EEOC may sue on your behalf (rare) or issue a right-to-sue letter.

No cause: The EEOC finds insufficient evidence of discrimination. You still receive a right-to-sue letter and can file your own lawsuit. No-cause determinations don’t reflect on your claim’s merit—just that the EEOC couldn’t substantiate it.

Dismissal: The EEOC closes your charge administratively, often due to resource constraints. You receive a right-to-sue letter.

Once you receive your right-to-sue letter, you have 90 days to file a lawsuit in court. This deadline is strictly enforced.

You can request a right-to-sue letter at any time after 180 days from filing your charge, allowing you to proceed to court without waiting for the EEOC to complete its investigation.

Source: EEOC Filing a Charge

Remedies Available: Making You Whole

Federal discrimination laws provide various remedies designed to compensate you for losses and deter future discrimination.

Back Pay and Front Pay

Back pay compensates for lost wages from the discriminatory action until judgment or settlement. If you were fired, demoted, or denied promotion due to discrimination, back pay covers lost earnings during that period.

Back pay includes:

  • Lost wages and salary
  • Overtime you would have worked
  • Bonuses and commissions you would have earned
  • Lost benefits (health insurance, retirement contributions)

Employers reduce back pay by amounts you earned or could have earned through reasonable diligence from other employment. You must make reasonable efforts to find comparable work after termination.

Front pay compensates for future lost earnings when reinstatement isn’t feasible. If returning to work for the discriminating employer would be too difficult, or if the position no longer exists, courts may award front pay instead of reinstatement.

Front pay typically covers a reasonable period to find equivalent employment, often 1-5 years depending on circumstances.

Compensatory Damages

Compensatory damages under Title VII, ADA, and (with limitations) ADEA include:

Emotional distress: Mental anguish, humiliation, anxiety, depression, loss of enjoyment of life, and other psychological harm caused by discrimination.

Medical expenses: Therapy costs, psychiatric treatment, medication, and other medical care related to discrimination’s effects.

Out-of-pocket losses: Job search expenses or other costs caused by discrimination.

You need not provide expert medical testimony to recover emotional distress damages, though evidence strengthens claims. Your testimony about discrimination’s impact on you can support emotional distress awards.

Punitive Damages

Punitive damages punish employers for malicious or recklessly indifferent conduct. You must prove the employer engaged in discrimination with malice or reckless indifference to your federally protected rights.

Punitive damages aren’t available under the ADEA or against state and local government employers under Title VII and ADA.

Statutory Damages Caps

Title VII and ADA cap combined compensatory and punitive damages based on employer size:

Employer Size Damages Cap
15-100 employees $50,000
101-200 employees $100,000
201-500 employees $200,000
501+ employees $300,000

These caps don’t apply to back pay, front pay, or other equitable relief. The caps have been criticized as inadequate for severe discrimination.

The ADEA has no statutory damages caps for most claims. Liquidated damages (double damages) are available for willful ADEA violations.

Injunctive Relief

Courts can order employers to:

  • Reinstate you to your former position
  • Promote you to the position you should have held
  • Change discriminatory policies or practices
  • Provide anti-discrimination training
  • Post notices of rights
  • Stop discriminatory conduct

Injunctive relief costs employers nothing directly but requires corrective action that benefits future employees.

Attorney’s Fees and Costs

Prevailing plaintiffs in discrimination cases typically recover attorney’s fees and costs from defendants. This fee-shifting encourages attorneys to represent discrimination victims and ensures workers aren’t deterred from suing by legal costs.

Attorney’s fee awards can exceed the damages awarded, particularly in cases with modest damages but important legal principles.

Source: 42 U.S.C. § 1981a – Damages

State Discrimination Laws Exceed Federal Standards

Many states provide broader protections than federal law, covering more characteristics, smaller employers, and allowing higher damages.

Lower Employee Thresholds

Federal law’s 15-employee threshold (20 for ADEA) leaves workers at small businesses without federal protection. Many states cover smaller employers:

  • California: 5+ employees (FEHA)
  • New York: 4+ employees (NYSHRL)
  • Illinois: 1+ employee for most claims
  • Washington: 8+ employees
  • Vermont: 1+ employee

Additional Protected Classes

States often protect characteristics beyond federal law:

Explicit sexual orientation and gender identity protections: Many states explicitly prohibit discrimination based on sexual orientation and gender identity, though Bostock now covers these under federal law.

Marital status: Some states prohibit discrimination based on marital status or family responsibilities.

Political affiliation: A few states protect political beliefs or activities.

Criminal history: Some states limit use of criminal records in employment decisions beyond EEOC guidance.

Unemployment status: Some jurisdictions prohibit refusing to hire unemployed applicants.

Source of income: Some localities prohibit discrimination based on lawful income source.

No Damages Caps

Many states impose no caps on compensatory or punitive damages. California, New York, Illinois, and others allow unlimited damages based on harm severity and employer culpability.

This difference is enormous. A disability discrimination case against a 100-employee company is capped at $50,000 under federal law but uncapped under California law.

Longer Filing Deadlines

State administrative filing deadlines often exceed 180/300 days:

  • California: 3 years to file with Civil Rights Department
  • New York: 3 years to file with Division of Human Rights
  • Illinois: 300 days (same as federal in deferral state)

Broader Employer Liability

Some states impose stricter liability standards, eliminate certain defenses available under federal law, or allow individual liability for supervisors and managers personally.

Enhanced Procedural Rights

States may provide advantages like:

  • Jury trials for all claims
  • Different burden-shifting frameworks
  • Prohibition of mandatory arbitration for certain claims
  • Stronger retaliation protections

State-Specific Workplace Discrimination Guides

Workplace discrimination laws vary significantly by state. Select your state below to learn about state-specific protections, covered employers, protected classes, filing procedures, and remedies:

West Coast States

  • California – Workplace Discrimination Hub – FEHA covers employers with 5+ employees, protects additional classes including sexual orientation and gender identity (explicitly), marital status, military status, 3-year filing deadline, no damages caps, individual liability for harassers and supervisors

  • Washington – Workplace Discrimination Hub – Washington Law Against Discrimination covers employers with 8+ employees, broad protected class definitions, no damages caps, strong protections exceed federal minimums

  • Oregon – Workplace Discrimination Hub – Covers employers with 1+ employee for most claims, comprehensive protected classes, administrative exhaustion through Bureau of Labor and Industries

Northeast States

  • New York – Workplace Discrimination Hub – NYSHRL covers employers with 4+ employees, 3-year filing deadline, no damages caps, recent expansions of protections, mandatory sexual harassment training, individual liability provisions

  • Pennsylvania – Workplace Discrimination Hub – PHRA covers employers with 4+ employees, administrative complaints through Pennsylvania Human Relations Commission, generally follows federal framework with state enhancements

  • Massachusetts – Workplace Discrimination Hub – Covers employers with 6+ employees, specific state protections in addition to federal law, damages available under state claims

Southern States

  • Texas – Workplace Discrimination Hub – Texas Commission on Human Rights Act covers employers with 15+ employees (same as federal), 180-day filing deadline, generally follows federal standards with limited state-specific enhancements

  • Florida – Workplace Discrimination Hub – Florida Civil Rights Act covers employers with 15+ employees, administrative exhaustion through Florida Commission on Human Rights required, caps on damages similar to federal law

  • Georgia – Workplace Discrimination Hub – Limited state statutory protections beyond federal law, generally relies on Title VII and federal protections, some common law claims available

  • North Carolina – Workplace Discrimination Hub – State law provides limited protections beyond federal law, state employees have protections under state law, private sector generally relies on federal protections

Midwest States

  • Illinois – Workplace Discrimination Hub – Illinois Human Rights Act covers employers with 1+ employee for most claims, broader protections than federal law, administrative complaints through Illinois Department of Human Rights, no damages caps

  • Ohio – Workplace Discrimination Hub – Covers employers with 4+ employees, administrative complaints through Ohio Civil Rights Commission, generally follows federal standards with some state-specific enhancements, damages available under state law

Frequently Asked Questions

How do I prove discrimination if my employer doesn’t explicitly say it?

Most discrimination cases rely on circumstantial evidence using the McDonnell Douglas framework. You prove you’re in a protected class, were qualified, suffered an adverse action, and the circumstances suggest discrimination. Then you show your employer’s stated reason is pretext hiding discrimination. Evidence includes timing, inconsistent application of policies, comparative treatment of others, and discriminatory comments by decision-makers.

Can I be discriminated against if I’m in the majority group?

Yes. Title VII and other discrimination laws protect everyone, not just minorities. White employees can sue for race discrimination, men for sex discrimination, and Christians for religious discrimination. However, these “reverse discrimination” claims face skepticism and typically require stronger evidence because they’re less common.

What if multiple factors motivated my employer’s decision?

In mixed-motive cases under Title VII and ADA, you only need to prove discrimination was “a motivating factor,” not the only factor. If you prove this, the employer is liable even if legitimate reasons also existed. Under the ADEA, you must prove age was the “but for” cause, making age claims harder. State laws vary on mixed-motive standards.

Do I need to report discrimination internally before filing an EEOC charge?

Generally no, though some employers’ policies and arbitration agreements may require internal reporting. Filing an EEOC charge without reporting internally is usually permissible under federal law. However, reporting internally can create evidence of employer knowledge and response, which strengthens claims. Report if safe to do so.

How long do I have to file a discrimination claim?

You must file an EEOC charge within 180 days of the discriminatory act (300 days in deferral states, which includes most states). After receiving your right-to-sue letter, you have 90 days to file a lawsuit. State deadlines often differ—California and New York allow 3 years. These deadlines are strict, so file promptly.

Can I sue my supervisor or manager individually?

Under federal law, only employers are liable for discrimination, not individual supervisors. However, many state laws allow personal liability for managers, supervisors, and individual harassers. California’s FEHA, for example, allows individual liability for supervisors who discriminate or harass.

What if I signed an arbitration agreement?

Arbitration agreements requiring individual arbitration of discrimination claims are generally enforceable under federal law, though some states limit their enforceability. You may have to arbitrate your claims rather than sue in court. However, arbitration agreements don’t prevent you from filing EEOC charges—the EEOC’s investigative authority cannot be waived.

Will my employer retaliate if I file a discrimination complaint?

Retaliation for filing discrimination complaints or participating in investigations is illegal and creates independent claims. While illegal, retaliation does occur. Document everything after filing and report any adverse treatment immediately. Employers face serious consequences for retaliation, including additional damages and attorney’s fees.

Related Federal Employment Law Topics

Discrimination claims often intersect with other employment law protections:

  • Sexual Harassment – Sexual harassment is a form of sex discrimination under Title VII
  • Workplace Retaliation – Retaliation for opposing discrimination or filing complaints creates independent claims
  • Wrongful Termination – Termination based on protected characteristics is wrongful termination
  • Employment Contracts – Contracts cannot waive anti-discrimination rights, though arbitration agreements may affect remedies
  • Wages and Hours – Discriminatory wage practices violate both anti-discrimination and wage laws

Protect Your Rights Against Workplace Discrimination

Workplace discrimination violates federal civil rights laws and denies you equal opportunity. If you experience discrimination based on race, sex, age, disability, religion, national origin, or other protected characteristics, you have legal protections and remedies.

Document every incident of discrimination with dates, times, witnesses, and specific details. Save emails, performance reviews, and other evidence. If safe to do so, report discrimination through your employer’s complaint procedures.

File an EEOC charge within 180 days (300 days in most states) of the discriminatory act. Don’t wait—the deadline is strict and missing it means losing your right to sue. The EEOC will investigate and issue a right-to-sue letter, giving you 90 days to file a lawsuit.

Consider consulting an employment attorney who can evaluate your claims, explain your options, and represent you through EEOC proceedings or litigation. Many employment lawyers work on contingency and offer free consultations.

Check your state’s discrimination laws—they often provide broader protections, longer deadlines, and higher damages than federal law. State claims can significantly strengthen your case and increase potential recovery.

Discrimination is illegal, and you have the right to equal treatment regardless of your race, sex, age, disability, religion, or national origin. Federal and state laws exist to protect you—use them.

Get Help With Your Discrimination Claim

If you’ve experienced workplace discrimination, you may be entitled to compensation including back pay, compensatory damages for emotional distress, punitive damages, and attorney’s fees. Get a free case review from an employment law expert who can evaluate your situation and explain your options for holding your employer accountable.

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