Employment & Workplace Discrimination Lawyers (2023)

Workplace Discrimination

Employment and labor lawsprohibit discriminatory or unfair treatment of an applicant or employee based on race, color, religion, sex, national origin, disability, age, or parental status. Federal law forbids “discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”

Employment policies or practices applicable to all employees may be illegal if they have “a negative impact on the employment of people of a particular class and is not job-related and necessary to the operation of the business.”

Do you believe that you may have been discriminated against in the workplace? If so, you may be entitled to compensation under federal and state laws. To learn about your legal rights and how our attorneys may be able to help, simplyfill out our free, no-obligation case review form.

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(Video) Workplace Discrimination Law

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Workplace Discrimination FAQs

  • Race, Color, or National Origin Discrimination

    Two major types of discrimination concerning race, color, and national origin are addressed and prohibited under Titles VI and VII of the Civil Rights Act of 1964. An employer may be in violation of the law(s) if they:

    (Video) Workplace Discrimination - What Are My Rights? | Employment Lawyers | LegalShield

    • Fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, or origin
    • Limit, segregate, or classify his employees (or applicants for employment)in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, or origin

    Employers may also not publish notices or advertisements for employment indicating a preference or prohibition of a certain race or ethnicity.

    Any company or organization receiving federal financial assistance from the Department of Health and Human Services may not, based on race, color, or origin:

    • Deny or alter services or benefits provided to other employees
    • Use methods of administration subjecting employees to discrimination
    • Select a location that excludes or denies them benefits
    • Deny an employee the opportunity to participate in an advisory or planning board, if the occasion arises
  • Gender or Sex Discrimination

    Under the Equal Pay Act of 1963, employers are prohibited from discriminating on the basis of an employee’s gender or sex in the payment of wages. It is illegal for employees of different sexes, with the same skills and experience,to be denied equal compensation for performing substantially equal work in the same establishment. However, sexdiscrimination is not limited to equal pay. Some other examples of gender or sex discrimination include:

    • Hiring(e.g., an applicant, with excellent credentials and qualifications is denied employment on the basis of sex)
    • Firing(e.g., a female employee is let go due to “cutbacks,” while a male employee with less seniority remains employed)
    • Promotion(e.g., female employee who has been with a company for a long time is passed over for a promotion for a male with less experience)
    • Job Classification(e.g., female employee denied right to a title that would typically be given to a man with the same responsibilities;compensation is oftenadjusted by job classification)
    • Benefits(e.g,requiring female employees to use sick and vacation days for maternity leave, while offering long-term disability plans for male employees who sustain an injury)
    • Training Opportunities(e.g., sending employees of only one sex for special training sessions that are developed to enhance job performance)
  • Age Discrimination

    The Age Discrimination in Employment Act of 1967 protects employees over the age of 40 from discrimination in the workplace. Under the Act, employers are prohibited from:

    • Refusing to hire or discharging an employee due to their age
    • Offering different compensation, terms, or conditions of employment due to someone's age
    • Limiting, segregating, or classifying an employee in a way that would adversely affect their employment opportunities due to their age

    Employers and employment agencies may not fail or refuse to refer an individual for employment on the basis of age.

  • (Video) Discrimination in the Workplace - Employment Lawyer Explains Workplace Discrimination Laws

    Disability Discrimination

    Titles I and V of the American with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 prohibits employment discrimination of qualified individuals due to a disability. This applies to both private and government positions. Acts of discrimination based on disability may include:

    • Denying an aid, benefit, or service that is provided to other employees
    • Refusing to engage in the interactive process to discuss reasonable accommodations for an employee with a disability
    • Providing different aids, benefits, or services unless necessary
    • Denying the opportunity to participate as a member for a planning or advisory board
    • Imposing eligibility criteria that screen out those with disabilities, unless vital to the execution of the position
    • Administering programs, services, and activities that do not meet the needs of qualified individuals with disabilities
  • Religious Discrimination

    Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, firing, and other terms of employment based on a person’s religious affiliation or beliefs. Religion is broadly defined to include “moral or ethical beliefs about right are wrong that are sincerely held with the strength of traditional religious views.” The Act requires employers to accommodate the religious practices of an employee unless doing so would create an undue hardship for the company. The Act is intended to protect employees from intimidation, abusive ridicule, insults, or slurs and ensure a safe and non-hostile work environment.

    The Act prohibits harassment or other discrimination based on:

    • Affiliation(affiliating with a particular religious group)
    • Physical or Cultural Traits(e.g.,accent, language, or dress related to the religion)
    • Perception(the mere belief an employee or potential employee is a member of a particular religious group)
    • Association(a relationship or connection with a person or organization of a particular religion)
  • Employer Retaliation

    To protect employees who want to file a lawsuit or complaint against their employer, state and federal labor laws prohibit employers from engaging inretaliatory behavior. If an employee files a lawsuit or complaint for racial discrimination in the workplace, employers are prohibited, by law, from terminating, demoting, harassing, refusing promotions, altering benefits, forcing an unpaid leave of absence, or changing job assignments in retaliation.

    Employees who have filed a lawsuit or complaint concerning racial discrimination in the workplace and have experienced retaliation may be entitled to additional damages.

    (Video) How to Prove Discrimination | Lawyer Explains

  • Title VII Damages

    Under Title VII, victims of discrimination may be entitled to:

    • Job reinstatement and promotion
    • Wage recovery and other job-related losses
    • Financial damages
    • Injunctive relief (a company is forced to amend its policies for the purpose of stopping discrimination)
    • Payment of lawyer fees

    Before a lawsuit may be filed by the employee, a formal complaint must be registered with the U.S. Equal Employment Opportunity Commission (EEOC). The organization determines whether there can be an amicable solution between the employer and employee. If the case cannot be resolved, it may either launch a civil lawsuit on the employee’s behalf or give that power to the employee himself with a “right to sue” letter.

    Charges must be filed within 300 days of the alleged discriminatory act, so do not hesitate to contact one of our employment discrimination attorneys.

    To discuss your situation with adiscrimination attorney, fill out ourfree, no obligation consultation form.

  • Title IX

    Title IX is a federal civil rights law that makes it illegal for K-12 schools, colleges, universities, and other educational institutions to discriminate, harass, or retaliate on the basis of gender.

    The law covers issues including:

    • Access to higher education
    • Equal opportunity in athletics
    • Sexual harassment
    • Education for parenting and pregnant students
    • Employment issues (e.g, pay equity, pregnancy claims, tenure)
    • Discrimination based on sexual orientation
    • Retaliation for complaining about discrimination (e.g, harassment, pay decrease, demotion, termination)

    Our attorneys represent students, teachers, professors, coaches, and other victims of Title IX violations. If you believe you may have a claim, contact us.

    (Video) How to Prove Discrimination at Work


How hard is it to win a discrimination lawsuit? ›

No matter what kind of case, motive is difficult to prove in law. Employment discrimination and wrongful termination cases are difficult to win because the employee must prove that the employer acted with a specific illegal motivation (i.e. the employee was fired because of his race, sex, national origin, etc.)

Is it hard to prove employment discrimination? ›

Proving employment discrimination can often be difficult because evidence of discrimination tends to be hard to come by. However, there are a few ways wronged employees can make their claims in court and get their case in front of a jury.

What evidence is needed for discrimination? ›

Because of this difficulty, courts have allowed workers to prove a discrimination case with 3 types of evidence: direct evidence of discrimination, circumstantial evidence of discrimination, or. evidence that the employer has a pattern or practice of discriminatory conduct.

What are 3 things that an employer Cannot discriminate against? ›

Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

What is a typical settlement from a discrimination lawsuit? ›

According to the Equal Employment Opportunity Commission (EEOC), the average settlement for employment discrimination claims is about $40,000. However, depending on the facts and circumstances of the case, settlements or verdicts can climb to seven figures.

How often do discrimination cases win? ›

Only 17.4% of the EEOC's closed workplace discrimination cases result in success for the client. Racial discrimination claims have the lowest success rate, at only 15%. Retaliation is the most common discrimination claim, accounting for 56% of all claims.

Who has the burden of proof in a discrimination lawsuit? ›

Discrimination Claims: A Plaintiff's Burden of Proof

In employment discrimination cases, the burden of proof is on the plaintiff to establish that s/he was the victim of unlawful discrimination.

How long does it take to win a discrimination case? ›

In our experience, we have found that discrimination cases can settle in as little as 4-6 months or take as long as 5-6 years. For many workers, this is frustrating. However, it is important not to take the first settlement you are offered if isn't fair or high enough to make up for what you've lost.

How do you win employment discrimination? ›

In order to win your employment discrimination case, you need to prove that you've been treated differently from other employees. Inequal treatment could be in the form of adverse employment action, for example, termination, demotion, reduction of a salary or transfer to an unfavorable location.

How long does a discrimination claim take? ›

You need to make your claim in court within 6 months less 1 day from when the discrimination happened. The court must have received your claim before the end of the time limit, it's not enough just to post it.

What are the chances of winning an age discrimination case? ›

7. How difficult is it to win a case? Like any other discrimination case, ageism lawsuits can be challenging to win. At the England and Wales employment tribunals, the success rate of such cases in 2021 was around 2%, according to data compiled by the law firm GQ Littler.

What happens if you win a discrimination case? ›

If the jury finds in your favor, you may be awarded damages, including back pay, front pay, and compensatory damages for emotional distress. Filing an employment discrimination lawsuit in California can be a complex process, but an experienced attorney can help you navigate the process and protect your rights.


1. Workplace Discrimination Explained by UK Employment Lawyer
(Simpson Millar Solicitors)
2. Employment Lawyer Explains Discrimination in the Workplace/Common Types of Workplace Discrimination
(Aimee the Attorney)
3. How Employment Lawyers Prove Discrimination
(Ortiz Law Office)
4. Discriminated against at work? Lawyer explains workplace discrimination law
(Ed Hones)
5. Employment Discrimination & EEOC: Do You Need an Attorney?
(Fight Employment Discrimination)
6. Disability discrimination / reasonable adjustments | Grahame Anderson | Bitesized UK Employment Law
(Matt Gingell - Bitesized UK Employment Law)
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