What Is Workplace Discrimination?

Workplace discrimination is the unfair treatment of an employee or job applicant based on a characteristic protected by law rather than their qualifications or performance.

Federal protected classes:

Race and color (Title VII)

Religion (Title VII)

Sex, including pregnancy and sexual orientation (Title VII)

National origin (Title VII)

Age (40 and over) (ADEA)

Disability (ADA)

Genetic information (GINA)

State and local protections may add categories such as marital status, sexual orientation, gender identity, political affiliation, criminal history, and military status.

Types of discrimination:

Disparate treatment — Intentional discrimination (e.g., not promoting someone because of their race).

Disparate impact — A neutral policy that disproportionately affects a protected group without business justification.

Harassment — Unwelcome conduct based on a protected characteristic that creates a hostile work environment.

Failure to accommodate — Not providing reasonable accommodations for disability or religious practices.

Filing a complaint:

Report internally through your company's HR or complaint process.

File a charge with the EEOC within 180-300 days of the discriminatory act.

The EEOC investigates and may mediate, sue on your behalf, or issue a right-to-sue letter.

You may then file a lawsuit in federal or state court.

Remedies. Back pay, front pay, reinstatement, compensatory damages, punitive damages, and attorney's fees.

This is legal information, not legal advice.