Understanding Your Rights: Workplace Discrimination
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Understanding Your Rights: Workplace Discrimination

Sarah O'Connor

Sarah O'Connor

Partner - Employment Law

February 15, 20247 min read

Understanding Your Rights: Workplace Discrimination

Despite decades of civil rights progress, workplace discrimination remains pervasive. If you believe you've been discriminated against, understanding your rights is the first step toward justice.

Protected Classes Under Federal Law

Federal laws prohibit discrimination based on:

  • Race and color
  • National origin
  • Sex (including pregnancy, sexual orientation, and gender identity)
  • Religion
  • Age (40 and older)
  • Disability
  • Genetic information
  • Many states and localities provide additional protections.

    Forms of Discrimination

    Disparate Treatment

    Intentional discrimination where you're treated differently because of a protected characteristic.

    Disparate Impact

    Policies that appear neutral but disproportionately harm a protected group without business justification.

    Harassment

    Unwelcome conduct based on a protected characteristic that creates a hostile work environment.

    Retaliation

    Adverse action against you for reporting discrimination or participating in an investigation.

    Steps to Take

    1. **Document everything**: Keep detailed records of discriminatory incidents, including dates, witnesses, and exact quotes.

    2. **Report internally**: Most companies require internal reporting. Follow your company's procedures.

    3. **File an EEOC charge**: You generally must file with the EEOC before suing. Time limits are strict—typically 180 to 300 days.

    4. **Consult an attorney**: An experienced employment lawyer can evaluate your claim and guide you through the process.

    Potential Remedies

    Successful discrimination claims can result in:

  • Back pay and lost benefits
  • Reinstatement or front pay
  • Compensatory damages for emotional distress
  • Punitive damages
  • Attorney's fees
  • We're Here to Help

    At Hamilton & Pierce, we fight for employees facing discrimination. Contact us for a confidential consultation to discuss your situation.

    Sarah O'Connor

    About the Author

    Sarah O'Connor

    Partner - Employment Law

    A fierce advocate for employee rights with a track record of holding corporations accountable.