Workplace Discrimination Laws: Understanding Your Rights
You see it on the news all the time, but do you realize it can happen to you?
Workplace discrimination is more common than most people realize. The problem is that many employees have no idea when it’s happening… or what to do about it.
The good news is that there are powerful federal and state discrimination laws that provide employees with legal remedies and protection. And the difference between suffering silently or getting the justice you deserve could simply come down to understanding your rights.
What you’ll learn:
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What Is Workplace Discrimination?
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The Laws That Protect Employees
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Types of Discrimination Claims
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How To Take Action Against Discrimination
What Is Workplace Discrimination?
Workplace discrimination is when an employer or person in a position of power treats an employee differently based on a protected characteristic.
Examples of characteristics include race, color, sex, religion, age, national origin, pregnancy, and disability, among others.
Now here’s the thing…
Discrimination can take on many different forms. Sometimes it’s obvious like being fired after announcing a pregnancy. Other times it’s subtle like being denied promotions or pay increases without a clear explanation.
Either way, both overt and covert discrimination is illegal.
An experienced employment rights lawyer in LA can help employees to identify if they have a valid claim and then guide them through the process of filing a complaint and seeking compensation. There are many intricacies to employment law, but employees don’t have to face this situation alone.
And here’s what makes this even more important…
According to the EEOC, the agency received 88,531 new discrimination charges during fiscal year 2024. That’s an increase of 9.2% from 2023. While the number of total charges received has actually gone down over the last several years, retaliation claims are on the rise.
In other words, discrimination is increasing. Understanding your employee rights has never been more important.
The Laws That Protect Employees
Thankfully, there are several federal laws in place designed to protect workers from discrimination. Let’s take a look at what those laws are, and how they help.
Title VII of the Civil Rights Act
This is the big one. Title VII prohibits employers from discriminating based on race, color, religion, sex, and national origin.
It covers all aspects of employment, including hiring, firing, promotions, pay, training, benefits, job assignments, and more.
Important note: Title VII applies to employers with 15 or more employees.
The Americans with Disabilities Act (ADA)
This law protects workers with disabilities from being discriminated against by employers. Employers must provide reasonable accommodations for employees with disabilities.
This may include making changes to work schedules, modifying workspaces, providing special equipment, etc.
Employers cannot refuse to provide these accommodations. They must be provided unless they cause an “undue hardship” on the business. In practice, this usually only applies to small companies with limited resources.
The Age Discrimination in Employment Act (ADEA)
This law prohibits employers from discriminating against employees over the age of 40. This includes hiring, firing, promotions, and compensation.
Age discrimination is a very common form of discrimination in many industries. All older workers need to be aware of their rights.
The Pregnancy Discrimination Act
Pregnant employees cannot be discriminated against due to their pregnancy status. This includes hiring decisions, job assignments, promotions, and termination decisions.
Employers must treat pregnant employees the same way they would any other temporary medical condition.
The Pregnant Workers Fairness Act (PWFA)
In addition to the Pregnancy Discrimination Act, employers are also required to provide reasonable accommodations for employees with limitations due to pregnancy, childbirth, and related medical conditions.
Examples of reasonable accommodations include additional bathroom breaks, modified duties, or time off to attend prenatal appointments and medical visits.
Types of Discrimination Claims
As you can imagine, not all discrimination looks the same. Here are some of the most common types of discrimination claims filed with the EEOC.
Retaliation
This is the number one type of discrimination claim.
Why?
Retaliation occurs when an employer punishes an employee for reporting discrimination, or participating in an investigation. This may include sudden demotions, pay cuts, schedule changes, harassment, or even termination.
Nearly 48% of all EEOC claims involve accusations of retaliation. Employers are not allowed to take any adverse action against an employee for speaking up about discrimination.
Race and Color Discrimination
Employers cannot treat employees differently because of their race, or the color of their skin.
Discrimination can include anything from derogatory comments and unequal treatment, to a hostile work environment.
Disability Discrimination
Failing to accommodate employees with disabilities, or otherwise treating employees differently because of a disability is illegal.
This is a direct violation of the ADA.
Sex and Gender Discrimination
This can cover a broad range of behaviors. From unequal pay between male and female employees doing the same job, to sexual harassment and discrimination based on gender identity.
Age Discrimination
Workers over the age of 40 are protected by federal law. This is one of the most common types of discrimination. It’s particularly common during hiring decisions, or when companies claim to want to “bring in younger talent.”
How To Take Action Against Discrimination
It’s not a fun situation to be in. But when an employee experiences discrimination at work, there are several concrete steps that can be taken.
Document Everything
If an employee experiences discrimination, they need to keep records of everything. Document incidents in writing with specific dates, times, witnesses, and details of what occurred.
This will become evidence in the case should a formal complaint be filed.
Report Internally First
Many companies have internal HR departments and established complaint processes. An internal complaint should be filed in most cases.
This creates a paper trail and gives the employer an opportunity to resolve the situation. If the problem persists or worsens after an internal complaint, the next step is to file a charge with the EEOC.
File a Charge With the EEOC
The Equal Employment Opportunity Commission is a federal agency established to enforce workplace discrimination laws.
If internal complaints don’t resolve the issue, then employees can file a charge with the EEOC. In most cases, a charge must be filed within 180 days of the discriminatory act.
California law extends this deadline to 300 days. It’s important to note that there are very strict time deadlines. Failing to file a charge within the deadline can bar an employee from bringing a claim.
Consult an Employment Rights Lawyer
An employment rights lawyer knows the ins and outs of employment law. They can help an employee to better understand their options, and can also advise on the best course of action.
Attorneys can negotiate settlements, file lawsuits, and represent employees in court proceedings. Employees should not be afraid to at least consult with an attorney to find out what their legal options are.
Most attorneys will offer a free consultation, so there is nothing to lose by at least finding out what an attorney has to say.
Wrapping Things Up
Workplace discrimination is against the law. Full stop.
Federal laws including Title VII, the ADA, ADEA, and PWFA are in place to protect employees from unfair treatment at work. But these laws only work when employees know their rights and are willing to take action.
Here are a few things to remember:
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Discrimination can be obvious or subtle
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Retaliation for reporting discrimination is also illegal
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Documentation of incidents is key
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Complaints must be filed within legal deadlines
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Speak to an experienced attorney to learn more
The EEOC recovered nearly $700 million in benefits for more than 21,000 victims of workplace discrimination in 2024. That should prove one thing beyond any doubt…
Taking action works.
No employee should have to tolerate discrimination at work. The laws are there to protect you. Use them.
