Can I Sue My Employer for Discrimination?

If you’re like most people, you know how hard it is to find your dream job. Even if you don’t love the job you have, you probably work hard and expect to stay with your current employer for a while. This is why it’s so disheartening if your employer discriminates against you.

What do you do if you believe your current or former employer has discriminated against you? This article explains your legal rights and explores your legal options regarding workplace discrimination.

If you believe you’re the victim of unfair employment practices, consider reaching out to a local discrimination attorney. There are state and federal laws that protect you from this kind of behavior. A seasoned employment lawyer can evaluate your claim and explain your legal options.

What Is Workplace Discrimination?

Workplace discrimination comes in many forms, which can range from sexual harassment to unfair performance reviews. Sometimes this discrimination is based on race or national origin. Other times, employers treat their workers unfairly due to their sexual orientation or gender identity.

Whether you’re a private or public employee, you have the right to fair employment practices. If your employer isn’t treating you fairly or has denied you certain benefits based on your race, religion, or marital status, you may have a valid discrimination claim.

Types of Employment Discrimination

There are several types of employment discrimination. While many claims involve racial discrimination, the law prohibits discrimination for several protected characteristics.

If your manager, supervisor, or even coworker treats you differently because of your gender, nationality, or other identifiable characteristic, you may have a legal claim.

Some of the most common forms of workplace discrimination include the following:

• Workplace harassment
• Sexual harassment
• Unfair treatment
• Age discrimination
• Hostile work environment
• Wrongful termination

This list is not exhaustive.

The EEOC receives discrimination claims that cite all types of unfair or unequal treatment. For example, if an employee is demoted based on a protected characteristic, they may have a valid claim. The same is true if a company’s human resources director rejects a job applicant based on their age or appearance.

Federal Anti-Discrimination Laws

Most people who file employment discrimination claims seek protection under federal law. The Equal Employment Opportunities Commission (EEOC), the federal agency that oversees workplace discrimination, enforces these discrimination laws.

The most commonly cited federal anti-discrimination laws include:

• Title VII of the Civil Rights Act of 1964: The Civil Rights Act prohibits workplace discrimination based on race, color, religion, sex, pregnancy, or national origin. This law applies to a company’s hiring and firing policies, promotion and demotion practices, compensation, and job training opportunities.
• Americans with Disabilities Act (ADA): The ADA protects employees and job applicants with disability or medical conditions that are protected under the law. It also requires most workplaces to be ADA-compliant.
• Equal Pay Act of 1963: This law prohibits employers from paying workers different wages for the same work. It forbids companies from paying female and male workers different rates for jobs that require substantially the same skills, responsibilities, and effort.
• Rehabilitation Act of 1973: Sections 501 and 505 of the Rehabilitation Act prohibit companies from discriminating against people with disabilities and mandate that employers implement affirmative action programs. It ensures fair pay and hiring procedures.
• Age Discrimination in Employment Act of 1967: This federal law prohibits employers from discriminating against employees based on age. It forbids companies with 20 or more employees from discriminating against workers who are 40 years or older.
• Civil Rights Act of 1991: This act amended Title VII of the Civil Rights Act of 1964. It allows claimants in discrimination cases to demand financial compensation and punitive damages in cases involving intentional discrimination.
• Genetic Information Nondiscrimination Act of 2008 (GINA): GINA is more recent than most other federal anti-discrimination laws. This law prohibits both companies and the government from making employment decisions based on an individual’s genetic information. The basis for this law is that an employer cannot gauge a person’s ability to perform a job based on this information.

If you believe your company’s employment actions violate any of these laws, contact an employment law attorney to discuss your legal rights.

State and Local Anti-Discrimination Laws

In addition to federal protections, many states and localities have their own anti-discrimination laws that may offer broader protections than those provided by federal law. These laws often:

• Protect additional characteristics such as marital status, political affiliation, criminal history, or caregiver status
• Apply to smaller employers (some state laws cover employers with as few as one employee)
• Provide longer filing deadlines
• Allow for additional remedies or higher damage caps

For example, the D.C. Human Rights Act protects more than 20 characteristics, including personal appearance, family responsibilities, and housing status. California’s Fair Employment and Housing Act protects against discrimination based on military or veteran status. New York’s laws protect against discrimination based on familial status and domestic violence victim status.

Filing With State Agencies

Many states have their own fair employment practices agencies, often referred to as human rights commissions or civil rights divisions. In some cases, you may choose to file directly with your state or local agency instead of, or in addition to, the EEOC. State agencies may have different procedures, remedies, and timelines than the EEOC.

If you file a charge with the EEOC, the agency typically shares your charge with the corresponding state agency through a work-sharing agreement. This is known as “dual filing,” which protects your rights under both federal and state law. Because filing deadlines can vary between federal and state claims, consider consulting with an attorney to ensure you don’t miss any.

Filing a Complaint With the U.S. Equal Employment Opportunity Commission

If you’re the victim of workplace discrimination, you must file a charge with the EEOC before you can file a lawsuit in court. The only exception is for Equal Pay Act claims, which allow you to go directly to court. Filing with the EEOC is a required first step for claims under Title VII, ADA, ADEA, and GINA. There’s always a chance that the EEOC can resolve the issue without the need for litigation.

How To File an EEOC Discrimination Complaint

There is a specific process you must follow to file a discrimination complaint with the EEOC, which is referred to as a “charge.” Before you file a discrimination lawsuit, you must go through the charge process. If you don’t file your charge of discrimination properly or don’t do so by the deadline, you’ll lose your chance to file an EEOC claim.

To file an EEOC claim, take the following steps:

• Confirm that you are eligible to file a charge
• File your charge of discrimination through the EEOC Public Portal online at EEOC.gov, via mail, or in person at a local EEOC office
• Fill out the relevant forms completely, including the name of your employer and a detailed description of the discrimination
• Submit your charge form within 180 days of the alleged discrimination or 300 days if your state has its own fair employment practices agency (missing this time limit means the EEOC will dismiss your charge)
• Check the status of your charge

The EEOC will send a notice to you, confirming receipt of your complaint and the initiation of an investigation. Although you cannot file your charge by phone, you can initiate the process by calling the EEOC at 1-800-669-4000.

What Action Will the EEOC Take if It Finds Discrimination?

The EEOC will contact your employer and speak with the parties involved in the alleged discriminatory behavior. Once the agent handling your charge gathers the necessary information, they will evaluate your claim and make a final decision.

If the agency determines that your employer discriminated against you, it will send you and your employer a Letter of Determination. This letter will invite both parties to attend a conciliation with the EEOC. Conciliation is a form of informal mediation.

If either party refuses to attend this meeting, the EEOC will decide whether it will initiate a lawsuit on behalf of the claimant. If the EEOC does not believe the discrimination was severe enough to warrant legal action, it will notify the parties.

If the EEOC does not determine that your employer engaged in discriminatory action, it will send both parties a “Dismissal and Notice of Rights.” This notice includes a Notice of Right to Sue, which you’ll need if you decide to pursue a private discrimination lawsuit. Even if the EEOC finds in your favor, you may still receive a Right to Sue letter if the agency chooses not to litigate the case itself or if conciliation fails.

Filing a Private Discrimination Lawsuit

After filing your EEOC charge, you can decide whether to pursue a private lawsuit against your employer after you get a Notice of Right to Sue from the EEOC. You can receive this notice in several ways:

• The EEOC completes its investigation and issues a Right to Sue letter
• The EEOC dismisses your charge and issues a Dismissal and Notice of Rights
• You request a Right to Sue letter after your charge has been pending for at least 180 days

Once you receive a Right to Sue letter, you have only 90 days to file your lawsuit in federal or state court. Due to the time limitations, it’s important to act quickly.

Why You Might Pursue a Lawsuit

There are several reasons why you may want to file a civil lawsuit:

• You have a strong case with substantial evidence of discrimination
• You seek remedies such as reinstatement, back pay, or front pay
• You believe you are entitled to compensatory damages for emotional distress or punitive damages
• The EEOC was unable to resolve your claim through conciliation

Before filing a lawsuit, consult with an employment discrimination attorney who can evaluate the strength of your case and explain your options.

What Damages Can You Demand in Your Discrimination Case?

If you file a discrimination lawsuit against your current or former employer, you will have to include a demand for damages in your initial complaint.

In most discrimination cases, plaintiffs can demand some or all of the following types of damages:

• Back pay (wages lost due to the discrimination) and front pay (future lost earnings)
• Economic losses related to the discrimination, such as job search expenses or medical costs
• Compensatory damages for emotional distress and other non-economic harm
• Punitive damages (in cases of intentional discrimination)

To collect punitive damages, you must prove your employer engaged in discrimination with malice or reckless indifference to your federally protected rights. Courts award these damages to punish the defendant and deter similar conduct. They are difficult to obtain and are subject to statutory caps under federal law.

Seek Legal Advice Before Pursuing Your Employment Discrimination Claim

If you believe you have a valid charge of discrimination against your employer, consider contacting an employment lawyer right away. Not only is it crucial to file your claim while things are fresh in your mind, but you also don’t want to miss the statute of limitations.

Since state and local laws can vary, it’s important to find an employment discrimination attorney in your area who understands the specific protections available to you. FindLaw’s directory of discrimination lawyers can help you get started.

When you first meet with your attorney, they’ll review your claim and let you know how best to proceed. Ideally, you’ll be able to resolve things without the need for legal action. However, if you do need to file a formal claim, it’s a good idea to have an experienced discrimination attorney by your side.