Workplace Discrimination and Harassment

Federal and state laws prohibit discrimination and harassment in the workplace. Understanding these protections is essential for both employees and employers.

Protected Characteristics

Under federal law, employers cannot discriminate based on:

Race and color (Title VII)

Religion (Title VII)

Sex — including pregnancy, sexual orientation, and gender identity (Title VII, as interpreted by Bostock v. Clayton County, 2020)

National origin (Title VII)

Age — 40 and older (ADEA)

Disability — physical or mental impairment substantially limiting a major life activity (ADA)

Genetic information (GINA)

Many states add protections for marital status, military status, criminal history, and other characteristics.

Types of Discrimination

Disparate treatment — intentional discrimination against an individual because of a protected characteristic

Disparate impact — a neutral policy that disproportionately affects a protected group without business justification

Failure to accommodate — not providing reasonable accommodations for disability (ADA) or religion (Title VII)

Retaliation — adverse action against someone who complained about discrimination or participated in an investigation

Sexual Harassment

The law recognizes two types:

Quid pro quo — a supervisor conditions employment benefits on sexual favors

Hostile work environment — unwelcome conduct based on sex that is severe or pervasive enough to create an abusive working environment

Employers may be vicariously liable for harassment by supervisors. For co-worker harassment, the employer is liable if it knew or should have known and failed to take corrective action.

Filing a Discrimination Complaint

1. File a charge of discrimination with the EEOC (or state equivalent) within 180–300 days of the discriminatory act

2. The EEOC investigates and may attempt mediation

3. If conciliation fails, the EEOC may sue on your behalf or issue a right-to-sue letter

4. You then have 90 days to file a lawsuit in federal court

Employer Best Practices

Employers should maintain clear anti-discrimination policies, conduct regular training, establish complaint procedures, investigate complaints promptly, and document all employment decisions.

Workplace Discrimination and Harassment