Workplace Discrimination or Harassment: What to Do
Not every unfair thing at work is illegal, but federal and state laws do protect employees from discrimination, harassment and retaliation based on protected characteristics. If you think it is happening to you, acting early protects your options.
What the law covers
Federal law generally prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy; the Supreme Court held in 2020 that this also covers sexual orientation and gender identity), national origin, age (40 and older), disability and genetic information. Many states and cities add more protected groups.
Harassment becomes illegal when it is based on a protected characteristic and is severe or frequent enough to create a hostile work environment, or when putting up with it is made a condition of keeping your job.
Retaliation is also illegal: being fired, demoted or punished because you complained about discrimination, took part in an investigation, or asked for a reasonable accommodation.
Document everything
- Write down each incident soon after it happens: date, time, what was said or done, and who saw it.
- Keep copies of emails, texts, schedules, performance reviews and pay records. Store them somewhere personal, but do not take confidential company documents you are not allowed to have.
- Note who you reported it to and what they said.
Report it internally
Follow your employer's complaint process if there is one and it is safe to do so, and put the complaint in writing. This creates a record and, in harassment cases, often matters legally.
Watch the deadline
To bring most federal discrimination claims you must first file a charge with the EEOC (Equal Employment Opportunity Commission). The deadline is generally 180 calendar days from the discriminatory act, extended to 300 days if a state or local agency enforces a similar law. Federal employees have different rules and a much shorter window to contact an EEO counselor. Some state laws have their own deadlines.
When to call an employment lawyer
Talk to a lawyer if you have been fired, demoted or had pay cut after complaining; if you are being asked to sign a severance agreement; or if a deadline is getting close. Many employment lawyers offer free consultations and some take cases on contingency. See also wrongful termination: do I have a case and unpaid wages and overtime.
Find an employment lawyer near you.
This guide is general information, not legal advice. Deadlines and protections vary by state.