Facing workplace discrimination can be an incredibly challenging and disheartening experience. Whether it’s based on your race, gender, age, disability, religion, or any other protected characteristic, discrimination in the workplace not only affects your professional life but can also take a significant toll on your mental and emotional well-being. It’s important to know that you don’t have to navigate this difficult situation alone. Understanding your rights and the legal options available to you is the first step in standing up against this unfair treatment.

Workplace discrimination is, unfortunately, more common than many might think. The Equal Employment Opportunity Commission (EEOC) reported that over 81,055 discrimination charges were filed in 2023 alone, a more than 10% increase over the number of charges filed in fiscal year 2022. These numbers highlight a troubling reality: discrimination in the workplace remains a widespread issue that needs to be addressed.

In this blog, we’ll explore the various options available to you if you’ve experienced workplace discrimination. Remember, you have the right to work in an environment free from discrimination, and there are laws designed to uphold that right. Taking action not only helps you regain control but also contributes to creating a more equitable workplace for everyone.

What Types of Workplace Discrimination Are Illegal?

In the United States, both federal and state laws protect workers from various forms of discrimination to ensure a fair and equitable workplace for all employees. Here’s an overview of the types of workplace discrimination that are illegal and the characteristics protected under federal law.

• Race and Color Discrimination
• Gender and Sex Discrimination
• Age Discrimination
• Disability Discrimination
• Religious Discrimination
• National Origin Discrimination
• Retaliation Discrimination
• Genetic Information Discrimination
• Sexual Orientation and Gender Identity Discrimination

What Are My Legal Rights If I Face Workplace Discrimination?

If you are facing workplace discrimination, it's essential to understand that federal and state laws exist to protect your rights. These laws ensure that no employee should face unfair treatment based on certain characteristics, including race, color, religion, gender, national origin, age, disability, sexual orientation, or gender identity. Knowing your legal rights can empower you to take action and seek justice.

Key Legal Protections

The primary federal law that protects employees from workplace discrimination is Title VII of the Civil Rights Act of 1964. This law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, training, and benefits. Additionally, other laws such as the Age Discrimination in Employment Act (ADEA) protect employees over the age of 40 from age-related discrimination, and the Americans with Disabilities Act (ADA) safeguards employees with disabilities from unfair treatment.

Filing a Complaint

If you believe you've been subjected to discrimination, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC). This federal agency is responsible for enforcing anti-discrimination laws in the workplace. In addition to federal protections, many states have their own laws and agencies that provide further protections against workplace discrimination.

Retaliation is Illegal

Importantly, if you report discrimination or file a complaint, you are also protected from retaliation by your employer. Under the law, employers cannot punish employees for speaking up about discrimination or participating in investigations. If your employer retaliates by firing, demoting, or harassing you, this constitutes a separate violation of the law, and you have the right to take additional legal action.

How Do I File a Complaint for Workplace Discrimination?

If you've been a victim of workplace discrimination, taking action by filing a complaint is a critical step to protect your rights and seek justice. Below you will find information on how to file a complaint for workplace discrimination and the steps you can take to ensure that your case is handled properly.

Step 1: Document the Discrimination

Before filing a formal complaint, it’s essential to gather and document evidence of the discrimination you’ve experienced. This documentation may include emails, text messages, performance reviews, notes about conversations, or other records that show patterns of unfair treatment. Be sure to keep a detailed log of incidents, including the date, time, location, and people involved. This evidence will be vital to supporting your claim.

Step 2: Report the Discrimination Internally

Most companies have internal procedures for handling discrimination complaints. Typically, this involves reporting the incident to your Human Resources (HR) department or a direct supervisor. Check your employee handbook or company policy to see how to file an internal complaint. Reporting internally gives your employer the opportunity to address the issue before it escalates, and it also creates a record that you’ve tried to resolve the issue within the organization.

When you file your complaint, provide as much evidence as possible and clearly explain how the discrimination has affected you. Make sure to ask for a written acknowledgment that your complaint has been received.

Step 3: File a Charge with the Equal Employment Opportunity Commission (EEOC)

If your employer fails to address the issue internally or you wish to take external action, you can file a complaint with the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing anti-discrimination laws. To do this, you will need to file a charge of discrimination. You can submit your complaint in person at an EEOC office, online through the EEOC Public Portal, or by mail. It's important to file the charge within 180 days of the discriminatory act, though some states extend this to 300 days depending on local laws.

Step 4: Explore State Agencies

In addition to the EEOC, many states have their own agencies that handle workplace discrimination complaints. These state agencies often offer additional protections and may have a longer time frame for filing a complaint. It’s worth researching your state’s anti-discrimination laws and filing with both the EEOC and your local agency to maximize your legal options.

Step 5: Seek Legal Assistance

Navigating a workplace discrimination claim can be complex, and it’s beneficial to seek legal advice from an employment law attorney. An attorney can guide you through the process, help strengthen your case, and represent you if legal action is required.

What Evidence Do I Need to Prove Workplace Discrimination?

Proving workplace discrimination can be challenging, but having the right evidence is important to building a strong case. To successfully demonstrate that discrimination has occurred, you will need to provide clear, convincing evidence that shows unfair treatment based on a protected characteristic, such as race, gender, age, disability, or religion. To strengthen your claim, the following is a list of the types of evidence that should be collected.

1. Documented Incidents

Keeping detailed records of discriminatory incidents is one of the most critical steps in proving your case. Maintain a written log of every instance where you experienced or witnessed discriminatory behavior. Include the following details:

• Date, time, and location of each incident
• The names of individuals involved, including witnesses
• Specific actions, comments, or behaviors that you believe were discriminatory
• How the incident impacted your work or professional standing

Having a detailed timeline of events will provide a clear narrative that illustrates the pattern of discrimination. These records will be valuable when filing complaints with your employer, the EEOC, or a court.

2. Emails, Text Messages, and Written Communications

Written communications can serve as powerful evidence. Save all relevant emails, text messages, memos, or letters that show discriminatory remarks, policies, or decisions. For example, if a supervisor made biased comments or if there are emails showing unequal treatment based on gender, race, or other protected characteristics, these documents can help demonstrate that discrimination occurred.

It’s important to collect and organize these communications as soon as possible and store them in a secure place outside of your work computer or devices to prevent losing access.

3. Performance Evaluations

Performance evaluations are often used by employers to justify discriminatory actions, such as denying promotions or issuing disciplinary actions. Keep copies of your performance reviews, especially if they have been positive in the past and suddenly take a negative turn without reason. If your performance has been consistently strong but you have been passed over for promotions or given unfairly negative reviews, this can be an indicator of discrimination.

If other employees in similar roles, but of different races, genders, or ages, have received better reviews or promotions despite comparable performance, these discrepancies can further support your claim.

4. Witness Statements

If co-workers witnessed the discriminatory behavior, their statements can add significant weight to your claim. Speak to colleagues who may have observed the treatment you experienced and ask if they would be willing to provide a written or verbal statement. Witnesses can help verify incidents, support your version of events, and lend credibility to your claim.

Make sure you approach witnesses carefully as they may fear retaliation from your employer. If they agree to support your case, have them document their observations in writing.

5. Employment Policies and Practices

Sometimes, workplace discrimination is systemic and embedded in company policies or practices. Obtain a copy of your company’s policies, especially those related to hiring, promotions, disciplinary actions, and workplace conduct. Compare these policies with how they are enforced. For example, if your company claims to promote diversity and inclusion but consistently fails to hire or promote people from certain backgrounds, this discrepancy could serve as evidence of discriminatory practices.

6. Comparative Evidence

Proving that others were treated more favorably in similar situations is a strong form of evidence. Comparative evidence involves showing that you were treated differently than employees of another race, gender, age group, or other protected class, despite similar performance or qualifications. For example, if you were denied a promotion but a less qualified coworker from a different demographic group was promoted, this could be a sign of discrimination.

Gather as much information as you can about how other employees were treated in comparable situations to build a case that discriminatory practices are at play.

7. Retaliation Evidence

If you have already reported discrimination and faced retaliation from your employer, this can be a separate violation of the law and important evidence for your case. Retaliation can take many forms, such as demotion, pay cuts, increased scrutiny, or unjust termination. Keep records of any retaliatory actions and document how your work environment or responsibilities changed after you made your complaint.

How Does the EEOC Handle Workplace Discrimination Complaints?

If you believe you’ve been a victim of workplace discrimination, the Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for investigating and enforcing laws that protect employees from unfair treatment in the workplace. Understanding how the EEOC handles workplace discrimination complaints can help you navigate the process and seek justice. Here's an overview of the steps involved when you file a complaint with the EEOC.

1. Filing a Charge of Discrimination

The first step in the process is to file a Charge of Discrimination with the EEOC. A charge is a formal complaint that must be filed before you can pursue a discrimination lawsuit in court. You can file the charge online, in person at an EEOC office, or by mail. In most cases, you must file within 180 days of the discriminatory act. Some states extend this period to 300 days if state or local anti-discrimination laws apply.

When filing your charge, provide detailed information about the discrimination you experienced, including dates, actions taken by your employer, and any evidence you’ve gathered. This will help the EEOC understand the scope of your claim.

2. Notification to the Employer

Once your charge is filed, the EEOC will notify your employer of the complaint. The employer will receive a copy of the charge and may be asked to respond with their side of the story. During this stage, the EEOC may request further documentation or evidence from both parties to better understand the situation.

This notification process is an essential part of ensuring that both sides have a chance to present their arguments. While this may seem intimidating, it is a normal part of the investigation.

3. Mediation

In many cases, the EEOC offers mediation as an early resolution option. Mediation is a voluntary process where both parties meet with a neutral third party to try to resolve the issue without further investigation or legal action. The goal is to reach a settlement that satisfies both the employee and the employer. Mediation is confidential and can be a quicker way to resolve the dispute.

If mediation is successful, both parties will agree to a resolution, and the case will be closed. If it’s unsuccessful or if either party chooses not to participate, the EEOC will proceed with its investigation.

4. EEOC Investigation

If mediation doesn’t resolve the issue, the EEOC will begin a formal investigation into the complaint. This investigation can take several months, depending on the complexity of the case and the evidence involved. During the investigation, the EEOC may:

• Interview witnesses
• Review documents, policies, and employment records
• Visit the workplace

The purpose of the investigation is to determine whether there is reasonable cause to believe discrimination occurred. Both parties will have the opportunity to provide evidence, and the EEOC will analyze all the information before making a determination.

5. Finding of Reasonable Cause or Dismissal

After completing the investigation, the EEOC will issue its findings. If the EEOC finds reasonable cause to believe that discrimination occurred, it will attempt to resolve the issue through conciliation. Conciliation is similar to mediation but occurs after the investigation and typically focuses on remedying the discrimination.

If conciliation is successful, both parties will reach a settlement. If conciliation fails, the EEOC may choose to file a lawsuit on your behalf. In some cases, the EEOC will issue a "right to sue" letter, which allows you to take your case to court independently.

If the EEOC finds no reasonable cause to believe that discrimination occurred, they will dismiss your case and issue a right to sue letter. Even in this case, you still have the option to file a lawsuit on your own with the help of an attorney.

6. Right to Sue Letter

The right to sue letter is an important document that allows you to file a lawsuit in federal court. You will receive this letter if the EEOC either dismisses your charge or is unable to resolve the matter. After receiving the right to sue letter, you typically have 90 days to file your lawsuit in court.

If the EEOC does not find discrimination but you strongly believe you have a case, you can still pursue your claim in court with legal assistance. This is why having an experienced employment law attorney on your side is highly recommended.

Stand Up Against Workplace Discrimination with Legal Help. Brandon J. Broderick Is by Your Side, Ensuring Justice and Fairness.

Experiencing workplace discrimination is not only unfair but can leave you feeling vulnerable and alone. At Brandon J. Broderick, we understand the emotional and professional toll that discrimination can take. You deserve a workplace where you are treated with respect and dignity, free from bias and unjust treatment. Our compassionate team is here to listen to your story, provide the support you need, and guide you through every step of the legal process.

Navigating a discrimination case can be very stressful, but you don’t have to do it alone. Brandon J. Broderick is dedicated to being your advocate, ensuring that your rights are protected and that justice is served. Let us stand by your side during this challenging time, providing the legal expertise and compassionate support you need to move forward.

Contact us today for a free consultation.