Discrimination

The short version

Employment discrimination happens when an employer treats you unfairly because of who you are, rather than your skills or performance. Laws like Title VII and the ADEA make it illegal for employers to discriminate based on certain characteristics. Understanding these laws helps you recognize when you might be facing unlawful treatment and what steps you can take. These protections are important to ensure everyone has a fair chance in the workplace.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

42 U.S.C. § 2000e-2(a)(1)
This federal law states it's unlawful for an employer to fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment. This discrimination is illegal if it's based on that person's race, color, religion, sex, or national origin.
Why it matters: This means your employer cannot make job decisions based on these protected characteristics.
42 U.S.C. § 2000e-2(a)(2)
This section also makes it unlawful for an employer to limit, segregate, or classify employees or applicants in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect their status as an employee. This applies if it's because of the individual's race, color, religion, sex, or national origin.
Why it matters: This means employers cannot sort employees into groups that disadvantage them based on protected characteristics.
29 U.S.C. § 623(a)(1)
This federal law, the Age Discrimination in Employment Act (ADEA), makes it unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual regarding their compensation, terms, conditions, or privileges of employment. This is illegal if it's because of the individual's age.
Why it matters: This specifically protects workers who are 40 years old or older from age discrimination.
29 U.S.C. § 623(a)(2)
The ADEA also makes it unlawful for an employer to limit, segregate, or classify employees in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect their status as an employee. This is illegal if it's because of the individual's age.
Why it matters: This prevents employers from categorizing or treating older workers differently in a harmful way.

Words you need to know

Discrimination: Treating someone differently or unfairly in employment because of a protected characteristic, rather than their qualifications or performance.
Protected Characteristics: Personal traits legally protected from discrimination under federal law, including race, color, religion, sex, national origin, and age (40 and over).
Title VII of the Civil Rights Act of 1964: A federal law that prohibits employment discrimination based on race, color, religion, sex (including sexual orientation and gender identity), and national origin. (42 U.S.C. § 2000e-2).
Age Discrimination in Employment Act (ADEA): A federal law that prohibits employment discrimination against individuals who are 40 years of age or older. (29 U.S.C. § 623).
Adverse Employment Action: A negative change in your job status, such as not being hired, being fired, demoted, or experiencing a significant cut in pay or benefits. This is a necessary part of proving discrimination.
Harassment: Unwelcome conduct based on a protected characteristic that becomes a condition of continued employment or is severe or pervasive enough to create a hostile work environment.
Retaliation: When an employer punishes you for exercising your rights under anti-discrimination laws, such as filing a complaint or participating in an investigation.

Your rights

✓You have the right not to be discriminated against in hiring, firing, promotion, pay, or job assignments based on your race, color, religion, sex, national origin, or age (40+). (42 U.S.C. § 2000e-2, 29 U.S.C. § 623)
✓You have the right to a workplace free from harassment based on these protected characteristics.
✓You have the right to be free from retaliation if you report discrimination, participate in an investigation, or oppose discriminatory practices.
✓You have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe you have faced discrimination.
✓You have the right to receive the same pay and benefits as others doing similar work, regardless of your protected characteristics.

How the process actually works

1
Experience Discrimination
When the discriminatory act occurs
You experience an adverse employment action (like being fired, not hired, or denied promotion) or harassment, and you believe it is because of your protected characteristic.
2
Gather Information
Immediately after the incident, or as you become aware of it
Collect any evidence you have, such as emails, texts, witness names, performance reviews, or notes about specific incidents. Keep a detailed record of dates, times, and what happened.
3
Internal Complaint (Optional)
As soon as possible after gathering initial information
You may choose to report the discrimination to your employer's HR department or a manager, if your company has a policy for doing so. This is often recommended but not legally required before contacting the EEOC.
4
File an EEOC Charge
Generally within 180 or 300 days of the discriminatory act
You must file a formal charge of discrimination with the Equal Employment Opportunity Commission (EEOC). This is a required step before you can sue your employer in most cases.
5
EEOC Investigation/Mediation
After filing the charge, can take several months or longer
The EEOC will investigate your charge, which may involve interviewing witnesses and gathering documents. They might also offer mediation to try and resolve the issue between you and your employer.
6
Right-to-Sue Letter
Issued by EEOC after investigation, typically after 180 days or at your request
If the EEOC does not find discrimination or cannot resolve your case, they will issue a 'Right-to-Sue' letter. This letter gives you permission to file a lawsuit in federal court.
7
File a Lawsuit
Within 90 days of receiving the Right-to-Sue letter
If you receive a Right-to-Sue letter and wish to proceed, you must file a lawsuit in federal court within a specific timeframe.

Deadlines that can end your case

EEOC Charge Filing
180 days (300 in deferral states)
If you miss this deadline, you generally lose your right to pursue a federal discrimination claim. Deferral states are those that have their own anti-discrimination agencies.
ADEA Charge Filing (Age Discrimination)
180 days (300 in deferral states)
Similar to Title VII, missing this deadline can prevent you from filing a claim under the ADEA.
Filing Lawsuit after EEOC
90 days from receiving Right-to-Sue letter
If you miss this 90-day window after the EEOC issues your letter, you cannot file a federal lawsuit based on that charge.

Costly mistakes

✕Not keeping detailed records of discriminatory incidents, including dates, times, and specific comments or actions.
✕Missing the deadline to file a charge with the EEOC. This is a strict deadline and can prevent you from taking legal action.
✕Quitting your job without first exploring internal complaint options or filing an EEOC charge. While sometimes necessary, it can complicate a discrimination claim.
✕Failing to cooperate fully with the EEOC investigation, such as not providing requested information or missing interviews.
✕Assuming an adverse action is discriminatory without connecting it to a protected characteristic. You need a reason to believe it was based on race, gender, age, etc.
✕Discussing your potential discrimination case with coworkers or managers who are not involved in the formal complaint process. This could create more issues.

Your checklist

Document specific instances of suspected discrimination, including dates, names, and what was said or done.
Collect any supporting evidence, such as emails, performance reviews, or witness contact information.
Review your company's internal policies regarding discrimination and harassment, if available.
Consider reporting the issue to your employer's HR department or a supervisor, if you feel safe doing so.
Contact the Equal Employment Opportunity Commission (EEOC) to discuss filing a charge of discrimination.
Keep all communications from the EEOC, including any 'Right-to-Sue' letter.
If you receive a 'Right-to-Sue' letter, consult an attorney promptly to understand your options for filing a lawsuit.

Common questions

What is 'sex discrimination' under Title VII?

Under Title VII, sex discrimination is unlawful and includes discrimination based on your gender, pregnancy, childbirth, or related medical conditions. Recent Supreme Court rulings have clarified that 'sex' also includes discrimination based on sexual orientation and gender identity. (42 U.S.C. § 2000e-2).

Does age discrimination apply to workers under 40?

No, the federal Age Discrimination in Employment Act (ADEA) specifically protects individuals who are 40 years of age or older from discrimination based on age. (29 U.S.C. § 623). If you are under 40, the ADEA does not cover you.

Can my employer retaliate against me for complaining about discrimination?

No, both Title VII and the ADEA make it illegal for an employer to retaliate against you for opposing discrimination, filing a charge, or participating in an investigation or lawsuit about discrimination. Retaliation is itself a form of unlawful discrimination. (42 U.S.C. § 2000e-3, 29 U.S.C. § 623(d)).

Do I have to go through the EEOC before I can sue my employer?

Yes, for most federal discrimination claims under Title VII and the ADEA, you must first file a charge with the EEOC and receive a 'Right-to-Sue' letter before you can file a lawsuit in federal court. This is called 'exhausting administrative remedies'.

How this changes by state

Many states have their own anti-discrimination laws that offer protections similar to, or sometimes broader than, federal laws. For instance, some state laws may protect against discrimination based on additional characteristics not covered by federal law (like marital status or political affiliation) or may apply to smaller employers not covered by federal statutes. States also often have their own enforcement agencies, similar to the EEOC, and different filing deadlines. To find your state's specific rules, you can search for your state's 'civil rights division' or 'human rights commission' online.

When you need a lawyer

You should consider contacting a lawyer if you have been fired, demoted, or experienced a significant negative change in employment due to suspected discrimination. You also need a lawyer if you've filed an EEOC charge and received a 'Right-to-Sue' letter, as there is a strict 90-day deadline to file a lawsuit. If your employer has retaliated against you for reporting discrimination, a lawyer can help assess your options. Finally, if you're experiencing severe or ongoing workplace harassment based on a protected characteristic, legal advice can be crucial.

Do this today

→Identify any specific dates and details of incidents where you believe you faced discrimination.
→Review the federal deadlines for filing a charge with the EEOC (180 or 300 days from the incident).
→Visit the EEOC's official website (www.eeoc.gov) to learn more about the charge process and find contact information for an office near you.

This lesson is legal information for educational purposes only, based on 42 U.S.C. § 2000e-2; 29 U.S.C. § 623 (ADEA). It is not legal advice and does not create an attorney-client relationship.