In fiscal year 2024, the EEOC recovered a record $700 million for over 21,000 victims of workplace discrimination. If you have been treated unfairly because of your race, gender, age, disability, or other protected characteristic, federal law protects you and you have the right to fight back.
Workplace discrimination happens when an employer treats you unfavorably because of who you are rather than how well you perform your job. Federal law prohibits discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. These are called protected characteristics or protected classes.
Discrimination can affect any aspect of employment. Hiring decisions that screen out qualified candidates from protected groups. Pay disparities where people doing the same work receive different compensation based on protected characteristics. Promotion denials where less qualified individuals advance while you are passed over. Job assignments that relegate certain groups to less desirable work. Terminations that disproportionately affect protected groups or occur because of protected characteristics.
Discrimination is not always obvious or intentional. Disparate treatment discrimination occurs when an employer deliberately treats you differently because of a protected characteristic. This might involve explicit bias (using slurs, making derogatory comments) or implicit bias (assumptions about abilities based on stereotypes). Disparate impact discrimination happens when a seemingly neutral policy disproportionately harms a protected group without business justification. For example, a height requirement that excludes most women or people of certain ethnicities, or a criminal background check policy that screens out racial minorities at higher rates.
You do not need to prove your employer intended to discriminate. Under federal law, you must show that your protected characteristic was a motivating factor in the adverse employment decision. Mixed motive cases, where both legitimate and discriminatory reasons exist, still violate the law. The employer's stated reason for its action does not matter if discrimination also played a role.
Federal law recognizes several categories of prohibited discrimination. Understanding these categories helps you identify violations and frame your EEOC charge.
Title VII prohibits discrimination based on race and color. This includes treating someone unfavorably because of their race (Black, White, Asian, Native American, multiracial) or physical characteristics associated with race (skin color, hair texture, facial features). Race discrimination often intersects with national origin discrimination. Examples include racial slurs or jokes, assumptions about abilities or work ethic based on race, exclusion from opportunities or social networks, harsher discipline for the same conduct, and steering into certain roles based on racial stereotypes. In 2024, race discrimination remained one of the most common EEOC charges.
Sex discrimination includes unfavorable treatment based on biological sex, gender identity, transgender status, sexual orientation, and pregnancy. The Supreme Court's 2020 Bostock decision clarified that Title VII's prohibition on sex discrimination extends to LGBTQ+ workers. Examples include paying women less than men for equal work, denying promotions to women of childbearing age due to pregnancy assumptions, harassment based on gender nonconformity, refusing to use transgender employees' correct name or pronouns, and discriminating against employees in same-sex relationships. About 42% of working women have experienced gender discrimination. Sexual harassment, a form of sex discrimination, creates a hostile work environment or results in quid pro quo demands.
The Age Discrimination in Employment Act (ADEA) protects workers 40 and older from discrimination. Age discrimination often manifests in hiring (job postings seeking "digital natives"), layoffs (targeting older, higher-paid workers), forced retirement, and exclusion from training or advancement opportunities. Common stereotypes assume older workers lack tech skills, cannot learn, or are too expensive. Studies show 61% of workers over 45 have experienced or witnessed age discrimination. Comments like "we need fresh blood," "looking for younger energy," or "time to let the next generation take over" can evidence age bias.
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities who can perform essential job functions with or without reasonable accommodation. Disabilities include physical impairments (mobility, vision, hearing), mental health conditions (depression, anxiety, PTSD), chronic illnesses (diabetes, cancer, autoimmune diseases), and learning disabilities. Discrimination includes refusing to hire qualified candidates with disabilities, denying reasonable accommodations, firing employees who request accommodations, and harassment based on disability. Employers must engage in an interactive process to identify reasonable accommodations that do not impose undue hardship.
Title VII requires employers to reasonably accommodate employees' sincerely held religious beliefs unless doing so creates undue hardship. This includes time off for religious observances, dress and grooming practices (hijabs, turbans, beards), and prayer breaks. Religion discrimination includes refusing to accommodate religious practices, harassment based on religion, and treating employees unfavorably because of their religion or lack thereof. Employers cannot force employees to participate in religious activities or favor one religion over another.
National origin discrimination involves treating someone unfavorably because they are from a particular country, have a particular ethnicity or accent, or appear to be of a certain ethnic background. This includes discrimination based on birthplace, ancestry, culture, or linguistic characteristics. English-only rules violate Title VII unless justified by business necessity. Employers cannot require U.S. citizenship unless legally required for the position. National origin discrimination often overlaps with race and religion discrimination.
The Pregnancy Discrimination Act (PDA) amended Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions. The new Pregnant Workers Fairness Act (PWFA), effective June 2023, requires reasonable accommodations for known limitations related to pregnancy, childbirth, or related conditions. In FY 2024, the EEOC filed its first five lawsuits under the PWFA. Pregnancy discrimination includes refusing to hire pregnant women, firing or demoting pregnant employees, forcing unpaid leave, denying reasonable accommodations, and treating pregnancy less favorably than other temporary disabilities.
Retaliation is the most frequently filed EEOC charge, comprising nearly 50% of all charges in 2024. It is illegal to retaliate against employees for opposing discrimination, filing an EEOC charge, participating in an investigation or lawsuit, or requesting reasonable accommodations. Retaliation includes firing, demoting, reducing pay or hours, transferring to less desirable positions, harassment, negative performance reviews, and any adverse action taken because someone engaged in protected activity. Courts take retaliation very seriously because it chills the exercise of civil rights.
Multiple federal laws prohibit workplace discrimination. The EEOC enforces most of these laws and investigates charges filed under them.
Title VII is the primary federal anti-discrimination law. It prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. Title VII applies to employers with 15 or more employees, including private employers, state and local governments, educational institutions, employment agencies, and labor unions. It covers hiring, firing, promotions, harassment, training, wages, benefits, and all other terms and conditions of employment.
Enacted in 1990, the ADA prohibits discrimination against qualified individuals with disabilities. It applies to employers with 15 or more employees. The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities unless doing so would impose undue hardship. Reasonable accommodations might include modified work schedules, reassignment to vacant positions, modified equipment or policies, and workplace accessibility modifications. In FY 2024, the EEOC filed 48 ADA cases, addressing issues from failure to accommodate to wrongful termination.
The ADEA protects workers 40 years of age and older from age-based discrimination. It applies to employers with 20 or more employees. The ADEA covers all aspects of employment and also addresses benefits and requires that employers provide older workers with benefits equal to those provided to younger workers, or in some cases, that the cost of providing benefits to older workers is the same as the cost of providing benefits to younger workers. The EEOC filed 7 ADEA cases in FY 2024.
The EPA requires that men and women be paid equally for performing substantially equal work in the same establishment. It applies to all employers covered by the Fair Labor Standards Act. Jobs need not be identical but must be substantially equal in skill, effort, responsibility, and working conditions. Pay disparities are allowed only for seniority, merit, quantity or quality of production, or factors other than sex. Unlike other discrimination claims, EPA claims do not require filing an EEOC charge before suing.
Effective June 27, 2023, the PWFA requires covered employers to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation causes an undue hardship. This new law fills gaps left by the PDA and ADA. The PWFA applies to employers with 15 or more employees. In FY 2024, the EEOC filed its first five lawsuits under the PWFA, signaling strong enforcement. Common accommodations include time off for prenatal appointments, modified work schedules, seating, light duty, and time off for recovery.
GINA prohibits discrimination based on genetic information, including family medical history and genetic test results. It applies to employers with 15 or more employees. GINA restricts employers from requesting, requiring, or purchasing genetic information and prohibits using such information in employment decisions. This protects workers from being denied jobs, promotions, or insurance based on genetic predispositions to diseases.
Federal anti-discrimination laws protect specific categories of people called protected classes. To prove discrimination, you must show the unfavorable treatment was because of your membership in a protected class.
Some characteristics are not protected under federal law but may be protected under state or local laws. These can include marital status, veteran status, political affiliation, and sexual orientation in some jurisdictions (though the Supreme Court has ruled sexual orientation is covered under sex discrimination). Check your state and local laws for additional protected categories.
Intersectionality matters. You may experience discrimination based on multiple protected characteristics simultaneously. For example, Black women face unique discrimination at the intersection of race and gender. Older female workers experience age and sex discrimination together. Your EEOC charge can address multiple bases of discrimination.
Discrimination takes many forms. Recognizing it helps you identify violations and document your claim. Here are common examples across different categories:
Job postings seeking "recent graduates" or "digital natives" screen out older applicants. Asking about pregnancy plans in interviews. Rejecting qualified candidates because of accents or ethnic names. Refusing to hire individuals with disabilities who can perform essential functions with accommodation. Using criminal background checks that disproportionately exclude racial minorities without business justification.
Women performing the same job as men but receiving lower pay. Paying younger workers more than older workers with more experience for equivalent roles. Denying bonuses or raises to employees on pregnancy leave or disability accommodation. Setting salaries based on prior pay history (prohibited in many states) perpetuating historic discrimination.
Passing over qualified women for leadership roles based on assumptions about family commitments. Promoting less experienced younger workers while denying advancement to older workers. Excluding racial minorities from informal mentorship networks crucial for advancement. Requiring unnecessary physical requirements that screen out workers with disabilities. Denying promotions to employees who took FMLA leave or requested religious accommodations.
Racist jokes, slurs, or derogatory comments about protected characteristics. Sexual harassment including unwanted advances, requests for sexual favors, or sexually explicit comments. Mocking religious practices or requiring participation in activities that conflict with religious beliefs. Making fun of accents, names, or cultural practices. Comments about age like "too old for this" or "ready to retire." Hostile behavior toward transgender employees including misgendering or bathroom access denial.
Firing pregnant employees or those on pregnancy-related leave. Terminating employees who request disability accommodations or ADA leave. Disproportionately disciplining or terminating workers from certain racial groups for infractions that others commit without consequence. Firing older workers and replacing them with younger workers. Terminating employees shortly after they complain about discrimination. Using "reduction in force" or restructuring as pretext to eliminate protected class members.
Refusing to modify work schedules for religious observances. Denying accessible workspace modifications for employees with mobility impairments. Refusing pregnancy-related accommodations like extra bathroom breaks or lifting restrictions. Failing to provide sign language interpreters for deaf employees. Refusing to allow service animals or reasonable schedule adjustments for medical appointments.
If any of these situations sound familiar, you may have experienced unlawful discrimination. Document what happened, when it occurred, who was involved, and whether others in different protected classes were treated differently in similar circumstances.
Compensation in discrimination cases depends on the severity of harm, type of discrimination, employer size, and strength of evidence. Federal law provides several types of remedies.
Back pay compensates you for lost wages due to discrimination. If you were wrongfully terminated, back pay covers the wages you would have earned from termination until judgment or reinstatement. If you were denied promotion, back pay is the difference between what you earned and what you would have earned in the higher position. Back pay can extend for two years or more. There is no federal cap on back pay. In FY 2024, the EEOC recovered over $469 million in back pay and damages for private sector victims.
Compensatory damages reimburse you for out-of-pocket expenses and compensate for emotional harm. This includes medical bills (therapy, medication), job search costs, and noneconomic losses like emotional distress, mental anguish, loss of enjoyment of life, and damage to reputation. Compensatory damages are capped under federal law but not all state laws. You must prove these damages with evidence like therapy records, medical documentation, and testimony about emotional impact.
Punitive damages punish employers who acted with malice or reckless indifference to your federally protected rights. These are awarded when discrimination was particularly egregious—for example, an employer who ignored multiple complaints, used racial slurs, or deliberately retaliated. Punitive damages are also subject to federal caps. They send a strong message that discrimination will not be tolerated.
Title VII, the ADA, and GINA impose caps on combined compensatory and punitive damages based on employer size. These caps do not apply to back pay, front pay, or attorney fees. The caps are: $50,000 for employers with 15-100 employees; $100,000 for 101-200 employees; $200,000 for 201-500 employees; and $300,000 for employers with more than 500 employees. The caps have not been adjusted for inflation since 1991, making them relatively low. Some state laws have no caps or higher caps.
If you win your case, the employer must pay your attorney fees and court costs on top of your damages. This fee-shifting provision makes discrimination cases accessible to people who cannot afford lawyers upfront. Attorney fees often exceed the amount of damages, especially in smaller cases. This allows you to hire counsel on contingency without worrying that lawyer fees will eat up your recovery.
Courts can order reinstatement to your former position or front pay if reinstatement is not feasible. They can order promotions, reasonable accommodations, policy changes, training programs, and other injunctive relief to prevent future discrimination. These remedies ensure you are made whole beyond just monetary compensation.
EEOC data shows average settlements of approximately $40,000 for discrimination claims overall. EEOC mediation cases average $25,000-$26,500. Cases that proceed to litigation and trial result in significantly higher awards, with jury verdicts averaging $150,000-$250,000. About 10% of cases result in verdicts exceeding $1 million. In FY 2024, the EEOC recovered a record $700 million for 21,000+ victims—an average of approximately $33,000 per claimant. Your individual recovery depends on your specific circumstances, strength of evidence, and whether your case settles or goes to trial.
Fiscal year 2024 was a record year for EEOC enforcement and discrimination charge filings. Understanding these statistics provides context for your own case.
Retaliation remained the most common charge, accounting for nearly 50% of all EEOC filings in 2024. This reflects both the prevalence of employer retaliation and increased worker awareness of retaliation protections. Race, sex, disability, and age discrimination charges followed as the next most common categories.
The EEOC's enforcement focus in 2024 included emerging issues like LGBTQ+ discrimination following the Bostock decision, pandemic-related disability accommodations, artificial intelligence and algorithmic bias in hiring, and pay equity for women and minorities. The five PWFA lawsuits signal strong enforcement of the new pregnancy accommodation law.
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Filing an EEOC charge is the first step in pursuing a discrimination claim. The process is designed to be accessible without a lawyer, though legal advice can help.
You can contact the EEOC online through the Public Portal, by phone at 1-800-669-4000, in person at a field office, or by mail. Start by submitting an online inquiry describing your situation. The EEOC will interview you to determine whether you have a potential charge.
After your interview, the EEOC will help you complete a formal Charge of Discrimination. You must provide your name, address, and phone number; employer information (name, address, number of employees); description of the discriminatory acts; dates when discrimination occurred; and the basis for discrimination (race, sex, age, etc.). Be specific and include all relevant facts. The charge must be signed under oath.
Within 10 days of filing, the EEOC will notify your employer of the charge. Your employer will have an opportunity to respond. Retaliation for filing a charge is illegal and creates a separate violation. If your employer retaliates, immediately report it to the EEOC and consider filing an additional retaliation charge.
The EEOC may offer mediation, a free voluntary process where a neutral mediator helps you and the employer reach a settlement. About 71% of mediations succeed. If you decline mediation or it fails, the EEOC will investigate by requesting documents, interviewing witnesses, and visiting the workplace if necessary. Cooperate fully and provide any evidence you have.
After investigation, the EEOC will issue a determination. "Reasonable cause" means the EEOC believes discrimination occurred. The EEOC will then try to conciliate a settlement with the employer. "No reasonable cause" means insufficient evidence. You will receive a "Right to Sue" letter allowing you to file your own lawsuit. The entire process typically takes 6-10 months but can extend to 18+ months for complex cases.
If conciliation fails, the EEOC may file a lawsuit on your behalf (rare, only in egregious cases) or issue a Right to Sue letter. Once you receive the letter, you have 90 days to file a lawsuit in federal court. You can also request a Right to Sue letter at any time after 180 days from filing your charge if you want to pursue a lawsuit without waiting for the investigation to finish. Most people hire an employment lawyer at this stage.
Missing EEOC deadlines can permanently bar your discrimination claim. File as soon as possible after discrimination occurs.
You must file an EEOC charge within 180 days of the discrimination. In states with their own anti-discrimination agencies (most states), the deadline extends to 300 days. These deadlines are strict. Miss them and you lose your right to file.
The clock starts from the date of the discriminatory act (termination, demotion, denial of promotion, last paycheck with discriminatory pay, etc.). For ongoing harassment, each incident can restart the clock, but you can only recover for incidents within the filing period.
The 180-day deadline applies if your state does not have a fair employment practices agency (FEPA) that enforces state anti-discrimination laws. Most states do have such agencies, so the 300-day deadline usually applies. When in doubt, assume the shorter 180-day deadline and file immediately. You can file with both the EEOC and your state agency simultaneously through a worksharing agreement.
After receiving a Right to Sue letter, you have 90 days to file a lawsuit in federal court. This deadline is also strict. Equal Pay Act claims do not require an EEOC charge but have a 2-3 year statute of limitations. Age discrimination under ADEA has the same 180/300 day requirement as Title VII.
Do not wait until the deadline approaches. Evidence degrades, witnesses become unavailable, and memories fade. Employers may destroy documents after normal retention periods. File your charge as soon as you recognize discrimination has occurred. If you are unsure whether you have a claim, consult an employment lawyer immediately for a free consultation.
Strong evidence is critical to proving discrimination. Gather and preserve everything that supports your claim: performance reviews, emails and texts showing bias or different treatment, witness testimony from coworkers, comparative evidence showing others were treated better, documentation of complaints to HR or management, medical records for emotional distress claims, and notes detailing dates, times, people involved, and what happened. Save everything before leaving employment—you may lose access to work emails and documents.
After filing, expect a 6-10 month process (sometimes longer). The EEOC will investigate, potentially offer mediation, and issue a determination. About 71% of mediations result in settlement averaging $25,000-$40,000. If investigation finds reasonable cause, the EEOC will attempt conciliation. If that fails, you receive a Right to Sue letter and have 90 days to file in court. Stay responsive to EEOC requests and keep detailed records of all communications.
Retaliation for filing an EEOC charge is illegal and creates a separate violation. Protected activities include filing a charge, participating in investigations, opposing discrimination, or requesting accommodations. Illegal retaliation includes termination, demotion, pay cuts, negative reviews, or any adverse action because you engaged in protected activity. Retaliation is the most common EEOC charge (nearly 50% of all filings in 2024). Document everything and immediately report retaliation to the EEOC. Retaliation claims often result in damages exceeding the original discrimination claim.
You do not need a lawyer to file an EEOC charge, but legal advice can strengthen your case. Consider consulting a lawyer if your case involves substantial damages, complex legal issues, retaliation, or you receive a Right to Sue letter and want to file a lawsuit. Most employment lawyers offer free consultations and work on contingency (30-40% of recovery). If you win, the employer pays your attorney fees separately. This makes legal representation accessible even without money upfront.
Discrimination laws vary by jurisdiction - federal Title VII covers race, color, religion, sex, and national origin, while state laws may protect additional classes. Our AI analyzes your specific protected class status, applicable laws (EEOC, state agencies), and filing deadlines (180-300 days). The EEOC recovered a record $700 million in 2024. Don't let illegal discrimination go unchallenged.
Time is critical. File your EEOC charge within 180-300 days. Retaliation is illegal. Free EEOC process, lawyer fees recoverable if you win.