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Workplace Discrimination

Federal law prohibits employment discrimination based on race, color, religion, sex — including pregnancy, sexual orientation and gender identity — national origin, age from 40, disability and genetic information. Most states add more. Before you can sue under most of these laws you must first file a charge with the EEOC, and the deadline is short and unforgiving. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

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180 calendar days from the discriminatory act, extended to 300 where a state or local agency enforces a law prohibiting the same discrimination — for age, only where a state law and state agency exist. The clock does NOT pause for internal grievances, union grievances, arbitration or mediation. Equal Pay Act claims are different: straight to court within two years, three if willful.

Workplace Discrimination at a glance

File with the EEOC first

For most federal claims, a charge is a prerequisite to a lawsuit

180 or 300 days

And internal processes do not extend it

Retaliation is separate and powerful

Punishing someone for complaining is illegal even if the original complaint fails

Accommodation is a duty

Employers must reasonably accommodate disability and religious practice absent undue hardship

States often protect more

Many state laws cover smaller employers and additional characteristics

What counts as discrimination

Disparate treatment is being treated worse because of a protected characteristic. Disparate impact is a neutral policy that disproportionately harms a protected group and cannot be justified by business necessity. Harassment becomes unlawful when it is severe or pervasive enough to create a hostile work environment, or when submission is made a condition of employment. Failure to accommodate a disability or a sincerely held religious practice is its own violation. And retaliation — demotion, discipline, exclusion or termination after a complaint — is unlawful independently, which is why it is often the strongest count in a case. Talk it through with a lawyer now →

The process, and where people go wrong

File a charge with the EEOC or the equivalent state agency within the deadline. The agency notifies the employer, may offer mediation, and investigates. Most charges end with a right-to-sue letter rather than an agency finding, and once you receive it you generally have 90 days to file suit — another short, absolute deadline. The commonest errors are waiting for an internal grievance to conclude before filing, assuming a lawyer will handle the deadline before you have hired one, and letting the 90-day window lapse after the right-to-sue letter arrives. Talk it through with a lawyer now →

Reasonable accommodation, in practice

For disability, the duty is to engage in an interactive process and provide reasonable accommodation unless it causes undue hardship — modified schedules, equipment, leave, reassignment to a vacant position. Pregnancy now carries an express federal right to reasonable accommodation for known limitations. For religion, accommodation of practices such as sabbath observance, prayer breaks and dress or grooming is required unless it imposes substantial increased costs. Employers who simply say no without discussion frequently lose on the process alone, so put your request in writing and keep the reply. Talk it through with a lawyer now →

If you are facing discrimination at work, step by step

Write it down contemporaneouslyDates, exact words, witnesses. Later recollection is worth far less.

Complain in writing and use the wordA written complaint triggers retaliation protection.

File the EEOC charge inside the deadline180 or 300 days, regardless of any internal process. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

Workplace Discrimination — your questions answered

Do I have to go to the EEOC before suing?

For most federal discrimination claims, yes — filing a charge is a prerequisite, and the courts enforce it. The main exception is the Equal Pay Act, where you can go straight to court within two years, or three for a willful violation. Many state laws have their own agencies and their own deadlines, which are sometimes longer than the federal ones.

What if my employer punishes me for complaining?

That is retaliation, and it is independently illegal — even if your original discrimination complaint turns out to be unfounded, provided you complained in good faith. Retaliation claims often succeed where the underlying claim does not, because the sequence of events is documented and the timing speaks for itself. Record what changed and when, immediately.

How long do I have after getting a right-to-sue letter?

Generally 90 days to file a lawsuit, and it is strictly enforced. That window is short, it starts when the letter is received, and finding and retaining a lawyer inside it is not always easy — so start looking as soon as you file the charge, not when the letter arrives.