Employment Law · Haute Lawyer Network
What Is Workplace Discrimination?
Last reviewed: June 2026
Workplace discrimination occurs when an employer treats an employee or job applicant less favorably because of a legally protected characteristic. Federal law prohibits discrimination based on race, color, national origin, sex, religion, age if 40 or older, disability, pregnancy, and genetic information. Many states extend protection to sexual orientation, gender identity, marital status, and military status.
Types of Discrimination
Disparate treatment — intentional discrimination where the employer treats an employee differently because of a protected characteristic.
Disparate impact — a facially neutral policy that disproportionately affects members of a protected class without legitimate business justification.
Harassment — severe or pervasive conduct based on a protected characteristic creating a hostile work environment.
Filing a Complaint
Federal discrimination claims require filing a charge with the EEOC within 180-300 days of the discriminatory act. The EEOC investigates and attempts mediation. If unresolved, issues a right to sue letter allowing a federal lawsuit.
Frequently Asked Questions
What is the difference between discrimination and harassment?
Discrimination typically involves a tangible employment action — firing, demotion. Harassment involves conduct creating a hostile environment. Both are prohibited.
Can a single incident of harassment be enough to file a claim?
Generally harassment must be severe or pervasive. However, a single sufficiently severe incident — such as a physical assault — can constitute actionable harassment.
What is retaliation?
Adverse action against an employee for reporting discrimination, filing an EEOC charge, or engaging in other protected activity. Retaliation is separately prohibited.
Can I be discriminated against by a coworker?
Employers are liable for coworker discrimination if they knew or should have known about it and failed to take prompt corrective action.
What damages are available?
Back pay, front pay, compensatory damages for emotional distress, punitive damages in intentional discrimination cases, and attorney fees.
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