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Workplace discrimination can be a distressing experience, affecting both your professional and personal life. If you believe you are facing discrimination at work, taking the right steps to document and report the issue is essential. Here is a step-by-step guide to help you navigate the process:

Document the Discrimination

• Keep a detailed record of every discriminatory incident, including dates, times, locations, and individuals involved.
• Save emails, text messages, performance reviews, or any written communications that might serve as evidence.
• Identify potential witnesses who can corroborate your experience and make sure you have their contact information.

Report the Discrimination to HR

• Check your company’s policies on reporting workplace discrimination.
• File a formal complaint with the Human Resources (HR) department in writing.
• Request a written response from HR regarding the steps they will take to investigate the complaint.

Follow Up on Your Complaint

• If HR does not address the issue adequately, consider escalating your complaint within the organization.
• Keep copies of all correspondence related to your complaint.
• Make sure you are documenting your communications and keeping a log.

Understand Your Rights

• Review federal and state employment laws that protect employees from discrimination.
• Familiarize yourself with your company’s anti-discrimination policies.

Contact Morgan & Morgan

• If your complaint is ignored or results in retaliation, it may be time to consult a workplace discrimination attorney at Morgan & Morgan.
• An attorney can advise you on your legal options and whether you should file a claim with the EEOC.

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing workplace discrimination laws. Here’s how the EEOC is involved in discrimination cases:

Filing a Complaint

Employees must first file a charge with the EEOC before pursuing a lawsuit. The charge can be filed online, by mail, or at a local EEOC office. There are strict deadlines—typically 180 days from the date of discrimination, though this may be extended in some cases.

EEOC Investigation Process

The EEOC reviews the claim and may request additional information. Employers are notified and given an opportunity to respond. The EEOC may conduct interviews, request documents, and assess whether the claim has merit.

Resolution Options

The EEOC may attempt mediation to resolve the dispute without litigation. If the EEOC finds evidence of discrimination, they may negotiate a settlement or file a lawsuit on the employee’s behalf. If the EEOC dismisses the claim, the employee receives a “right to sue” letter, allowing them to proceed with a private lawsuit.

Discrimination in the workplace can have devastating effects on employees’ morale, productivity, and emotional well-being. You should be judged by your work performance and not by where you were born, how old you are, or how you look. Discrimination is illegal in the US. If you are the victim of workplace discrimination, you could take action and pursue compensation, including awards for emotional distress, back pay, and other damages. 

Discrimination laws are complex and, depending on your case, can involve local, state, and federal laws. A discrimination attorney at Morgan & Morgan can help you fight back and get the justice and compensation you deserve. Contact us now to find out for free how we could help you.

At Morgan & Morgan, our team of experienced employment and labor attorneys has successfully represented countless clients in similar situations. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We take pride in holding those who discriminate accountable for the harm they’ve caused. You shouldn’t have to endure the consequences of unfair treatment alone. Contact Morgan & Morgan today for a free case evaluation to explore your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our dangerous drug lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

Morgan & Morgan’s labor and employment lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is typically a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

If you were unfairly fired, also known as wrongful termination, you may have legal options to challenge your employer’s decision. Follow these steps to protect yourself and potentially seek compensation:

Determine If Your Firing Was Illegal

Most jobs are at-will, meaning employers can fire you for almost any reason—but not for illegal reasons, such as:

• Discrimination – Fired based on race, gender, age, disability, religion, or other protected characteristics.
• Retaliation – Fired after filing a discrimination complaint, reporting harassment, or whistleblowing.
• Breach of Contract – If you had a written or implied contract guaranteeing job security.
• Violation of Public Policy – Fired for refusing to commit illegal acts or for taking legally protected leave (FMLA leave).

Gather Evidence

• Termination Letter – If provided, keep a copy.
• Performance Reviews – If they were positive, they can help show your firing was unfair.
• Emails & Memos – Any communications that hint at wrongful motives for your firing.
• Witness Statements – Coworkers who can confirm unfair treatment.
• Company Policies – Check the employee handbook for termination procedures your employer may have violated.

File a Complaint with the EEOC (If Discrimination or Retaliation is Involved)

• The Equal Employment Opportunity Commission (EEOC) investigates wrongful terminations based on discrimination or retaliation.
• You must file an EEOC complaint before suing for discrimination under federal law.

Consult an Employment Lawyer

• A lawyer can help determine if you have a case for wrongful termination and guide you on next steps.
• If successful, you could recover lost wages, reinstatement, emotional distress damages, or even punitive damages.

Consider Negotiating a Severance Agreement

• If your firing wasn’t illegal but was still unfair, you may be able to negotiate severance pay or additional benefits.

Apply for Unemployment Benefits

• Even if you were fired, you may qualify for unemployment compensation, unless your employer proves you were fired for serious misconduct.

If you believe you were wrongfully terminated, Morgan & Morgan may be able to help.

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave for serious health conditions, childbirth, adoption, or caring for a family member. Here’s what you should know:

Eligibility for FMLA

To be eligible, employees must have worked for a covered employer for at least 12 months and logged at least 1,250 hours of service.

Job Protection

FMLA guarantees job protection, meaning that upon your return, you should be restored to the same or an equivalent position.

Common Violations

Some common violations of FMLA include:

• Denying an employee’s request for FMLA leave
• Firing an employee for taking FMLA leave
• Failure to maintain health benefits while an employee is on leave

If you believe your FMLA rights have been violated, contact an employment lawyer at Morgan & Morgan for assistance.

Employee Misclassification: Am I an independent contractor or employee?

Misclassification occurs when an employer wrongly classifies a worker as an independent contractor instead of an employee. This has significant implications for workers’ rights, including the right to overtime pay, unemployment benefits, and workers’ compensation.

How to Determine Your Classification

Independent contractors typically:

• Have control over how and when they complete work
• Are not entitled to employee benefits or job protections Employees are entitled to benefits like health insurance, paid time off, and protections like overtime pay.

If you’ve been misclassified, you may be entitled to benefits and compensation you’ve missed out on, such as overtime pay.

Understanding what qualifies as workplace discrimination can help you recognize when your rights are being violated. Examples include:

• Race Discrimination: A qualified Black employee is passed over for promotions in favor of less-qualified white employees.
• Gender Discrimination: A female employee receives lower pay than her male counterparts for the same job duties.
• Age Discrimination: A company systematically lays off older employees to replace them with younger, lower-paid workers.
• Disability Discrimination: An employer refuses to provide reasonable accommodations for a disabled worker.
• Religious Discrimination: An employee is denied time off to observe religious holidays while others receive accommodations for non-religious reasons.

Retaliation occurs when an employer punishes an employee for reporting discrimination. 

Examples of retaliation include:

• Demotion or reduction in job responsibilities.
• Unwarranted disciplinary actions or negative performance reviews.
• Pay cuts or denial of raises.
• Wrongful termination.

Your Rights:

• Retaliation is illegal under federal law.
• You can file a complaint with the EEOC or pursue legal action if you face retaliation.
• If you suspect retaliation, document any adverse actions and seek legal advice immediately.

How is compensation calculated in employment discrimination cases?

If you win a workplace discrimination case, you may be entitled to compensation, which can include:

• Lost Wages: Compensation for past and future earnings lost due to discrimination.
• Emotional Distress Damages: Compensation for psychological harm caused by discrimination.
• Legal Fees: The employer may be required to cover attorney fees.
• Punitive Damages: In cases of severe or malicious discrimination, courts may award punitive damages to punish the employer.

Illegal discrimination in the workplace occurs when an employer treats an employee or job applicant unfairly based on certain protected characteristics. Under federal law, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and other laws, discrimination is unlawful when it is based on:

• Race, Color, or National Origin – Employers cannot make hiring, firing, promotion, or other employment decisions based on a person's race, skin color, or ethnic background.
• Sex or Gender – Discrimination based on gender, sexual orientation, gender identity, or pregnancy is illegal under Title VII and the Pregnancy Discrimination Act.
• Age – The ADEA protects employees 40 and older from age-based discrimination in hiring, promotions, or job assignments.
• Disability – Employers cannot discriminate against individuals with disabilities and must provide reasonable accommodations under the ADA.
• Religion – Employers must accommodate religious practices unless doing so creates an undue hardship.
• Genetic Information – Under the Genetic Information Nondiscrimination Act (GINA), employers cannot use genetic information to make employment decisions.
• Marital Status or Parental Status – Some state laws protect individuals from discrimination based on whether they are married or have children.
• Retaliation – It is illegal for employers to punish employees for reporting discrimination or participating in an investigation.

Examples of Illegal Discrimination:

• Refusing to hire or promote someone due to their race or gender.
• Paying employees differently for the same work based on a protected characteristic.
• Harassing an employee due to their disability or religious beliefs.
• Firing an employee after they file a discrimination complaint.

To prove workplace discrimination, you need strong evidence that an employer treated you unfairly because of a legally protected characteristic (such as race, gender, disability, age, etc.). Here are key types of evidence that can help support your claim:

Direct Evidence

• Explicit Statements – Emails, texts, or verbal comments that clearly show bias. Example: A manager saying, "We don’t hire women for leadership roles."
• Written Policies or Memos – Internal documents showing discriminatory policies or practices.

Circumstantial (Indirect) Evidence

• Unequal Treatment – Showing that employees in a similar position were treated differently (you were fired for a minor mistake, but others outside your protected group were not).
• Pattern of Discrimination – A company history of discrimination (no women or minorities in leadership).
• Suspicious Timing – If negative actions (such as demotion or firing) happened right after you complained about discrimination.

Employment Records

• Performance Reviews – If you were suddenly given bad reviews after reporting discrimination.
• Payroll Records – Pay stubs showing wage disparities between you and others in similar roles.

Witness Testimony

• Coworker Statements – Testimonies from colleagues who witnessed discriminatory behavior.
• HR Complaints – If others filed similar complaints against the employer.

Company Policies & Practices

• Employee Handbook – If company policies contradict how you were treated.
• Hiring & Promotion Data – If statistics show bias against a certain group.

Retaliation Evidence

• Before vs. After Treatment – If your employer started treating you negatively only after you complained about discrimination.

Generally, you must file within 180 days with the EEOC, though state laws may allow more time. A free case evaluation with Morgan & Morgan can advise you on any applicable time limits your unique claim may have. It is important to consult with an experienced attorney as soon as possible. Your lawyer can help to ensure that you file your claim correctly and on time.

Yes, you can file a lawsuit while still employed, but it is important to document any retaliation carefully. Working with an experienced lawyer can help you to understand how to strategically proceed, what your rights are, and what to do if your employer retaliates.

If your employer retaliates against you after filing a discrimination complaint, you have legal protections under federal and state laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and some whistleblower laws. Here’s what you should do:

1. Document Everything

• Keep a Record – Write down dates, times, locations, and details of any retaliatory actions.
• Save Communications – Keep emails, texts, or written notices that show negative treatment after your complaint.
• Track Changes in Treatment – If you were demoted, reassigned unfairly, or received sudden poor performance reviews, document these changes.

2. Review Company Policies

• Check your employer’s anti-retaliation policy in the employee handbook.
• Follow the company’s procedure for reporting retaliation, if available.

3. Report the Retaliation Internally

• Speak to HR – Notify your human resources department about the retaliation.
• Escalate the Issue – If HR does not act, consider contacting a higher-level manager.

4. File a Complaint with the EEOC

• You can file a retaliation complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency.
• You must file an EEOC claim before taking legal action under federal law.

5. Seek Legal Assistance

• Consult an Employment Lawyer at Morgan & Morgan – They can help assess your case and guide you through legal options.
• Consider a Lawsuit – If retaliation led to financial or emotional harm, you may have grounds to sue for damages.

6. Protect Yourself at Work

• Continue doing your job professionally to avoid giving your employer any reason to justify their actions.
• Avoid confrontations with management that could be used against you.

Yes, you must first file a charge with the EEOC before pursuing a lawsuit, but your lawyer can still assist you with this process to get started. 

If you win a workplace discrimination lawsuit, you may be entitled to various damages (compensation) depending on the severity of the discrimination, how it affected you, and the laws that apply. Here’s a breakdown of the types of damages you could recover:

Economic Damages (Compensatory Damages)

These cover financial losses caused by discrimination, including:

• Back Pay – Lost wages from the time of the discriminatory act (if you were fired or demoted unfairly).
• Front Pay – Future lost wages if you cannot return to your job due to the discrimination.
• Lost Benefits – Compensation for lost healthcare, retirement contributions, stock options, or bonuses.
• Job Search Costs – Expenses related to finding a new job, such as application fees or relocation costs.

Emotional Distress & Pain and Suffering

• Compensation for mental anguish, anxiety, depression, or stress caused by discrimination.
• Medical bills for therapy or psychiatric treatment related to the discrimination.

Punitive Damages

• Awarded in cases of willful or egregious discrimination to punish the employer and deter future misconduct.
• Only available in some cases under federal law and may be subject to caps (limits).

Attorney’s Fees & Legal Costs

• If you win, the employer may be required to cover your legal fees and court costs.

Reinstatement or Promotion

• If you were wrongfully fired or denied a promotion due to discrimination, the court may order the employer to reinstate you or provide the promotion.

Injunctive Relief (Policy Changes)

• Courts can require employers to change hiring, firing, or training policies to prevent future discrimination.

Federal vs. State Damages

• The Equal Employment Opportunity Commission (EEOC) enforces federal discrimination laws, which limit punitive and compensatory damages based on the size of the employer.
• State laws may provide higher damages depending on where you file your lawsuit.

Sex discrimination involves unfair treatment of an employee based on their gender, sex, sexual orientation, or gender identity. It applies to various employment practices, including:

• Hiring and Firing: Employers cannot refuse to hire or promote individuals based on their sex, nor can they terminate an employee for gender-related reasons.
• Pay and Benefits: Discriminating in salary, bonuses, or benefits, such as health insurance, on the basis of gender is illegal.
• Workplace Conditions: Job assignments, promotions, work schedules, and access to training opportunities must be free from bias related to gender.

Sex discrimination can be overt or subtle, and often it comes in two primary forms: disparate treatment and disparate impact, or direct and indirect discrimination.

Direct Discrimination occurs when an employer explicitly treats someone less favorably because of their sex. For example, a qualified female employee may be passed over for a promotion in favor of a male counterpart with less experience.

Direct Discrimination also includes sexual harassment. A specific form of sex discrimination, sexual harassment includes unwelcome advances, comments, or behaviors of a sexual nature that create a hostile work environment. In some cases, this can involve quid pro quo harassment, where an employer or supervisor conditions job benefits, such as promotions or favorable evaluations, on the acceptance of sexual favors. This form of coercion creates a toxic environment, as employees may feel pressured to comply to protect their job security or advance their careers.

Indirect Discrimination happens when a workplace policy or practice disproportionately affects one gender more than the other, even if it applies to everyone. An example is a policy that requires employees to work late, which might unfairly affect women who may have childcare responsibilities.

A specific example of disparate impact or indirect sex discrimination is pay discrimination. When employees of different genders receive unequal pay for the same or substantially similar work, it violates federal and state laws like the Equal Pay Act and Title VII.

Both types of sex discrimination are unlawful, and employees facing these forms of discrimination are entitled to legal protection.

Under U.S. federal law, individuals are protected from sex discrimination through several key legislations, including Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, gender identity, and sexual orientation in the workplace. Other protections include the Equal Pay Act of 1963 (ensuring equal pay for equal work) and the Pregnancy Discrimination Act, which safeguards employees from discrimination related to pregnancy and childbirth. 

Title VII has also extended coverage to broader categories like gender expression and sexual orientation.

Many states have additional anti-discrimination laws that expand on federal protections, offering broader coverage for gender identity and sexual orientation.

Recognizing sex discrimination isn't always easy, especially when it is subtle or disguised as company policy. Here are some red flags to look for:

• Gender-Based Hiring Decisions: If you notice patterns where candidates of one gender are consistently favored for certain roles, it could signal discrimination.
• Unequal Pay: If men and women performing the same tasks under similar conditions are being paid differently, this may indicate pay discrimination.
• Hostile Work Environment: If an employee is subjected to repeated gender-based comments, jokes, or behaviors that make the work environment intimidating or offensive, it may constitute harassment.
• Career Advancement Barriers: If women or other gender identities face obstacles in being promoted despite having equal or better qualifications than their male counterparts, this could be a sign of discrimination.
• Microaggressions: While not overtly discriminatory, these behaviors create an uncomfortable or hostile work environment, such as stereotyping, questioning competence, and exclusion from decision making.

Intersectional Discrimination

Intersectional discrimination occurs when an individual faces discrimination based on multiple aspects of their identity, such as race, gender, and sexual orientation. For example, a Black woman may face both race and sex discrimination in her workplace. In fact, studies have shown that Black women are the most marginalized with respect to “intersectional discrimination.”

The Equal Employment Opportunity Commission (EEOC) and courts recognize that discrimination can occur based on multiple intersecting factors, and such cases may require more comprehensive legal support.

Several federal laws safeguard employees against disability and health discrimination in the workplace.

Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, and transportation. In the context of employment, Title I of the ADA mandates that employers with 15 or more employees provide equal opportunities to qualified individuals with disabilities. It also requires employers to make "reasonable accommodations" to help employees perform their job duties unless doing so would impose an undue hardship on the employer.

Family and Medical Leave Act (FMLA): While not exclusively focused on disabilities, the FMLA allows eligible employees to take unpaid, job-protected leave for serious health conditions that make them unable to perform their job or to care for a family member with a serious health condition. This law ensures that employees won’t lose their job—or their current position—if they need to take time off for health-related reasons. Legally, the employee must be returned to their same position and title as before the FMLA leave.

Pregnancy Discrimination Act (PDA): This law, part of Title VII of the Civil Rights Act, protects women from discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy and related conditions as any other temporary disability when it comes to job functions, benefits, and leave policies.

State Laws: Many states have additional laws that offer even broader protections than federal statutes. For example, California’s Fair Employment and Housing Act (FEHA) provides robust protections for workers with disabilities and sets higher standards for employers regarding accommodations.

Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities, such as walking, breathing, hearing, seeing, or working. Chronic illnesses, mental health conditions, mobility impairments, and temporary conditions that have long-term effects may qualify. A healthcare provider can assess whether your condition qualifies, and an attorney at Morgan & Morgan can help you understand your rights under the ADA.

Yes, you can request reasonable accommodations for temporary conditions under the ADA if they substantially limit one or more major life activities during the recovery period. Accommodations may include modified work schedules, remote work, or temporary reassignment of duties while you recover.

If your employer denies your request, you should:

• Request an explanation for the denial and explore alternative accommodations with your employer.
• Document all interactions with your employer regarding the accommodation request, including their reasoning for the denial.
• Contact Morgan & Morgan to evaluate whether the denial violates your rights under the ADA.
• If Morgan & Morgan feels that your denial is unlawful, an attorney will file a complaint on your behalf with the Equal Employment Opportunity Commission (EEOC) or your state's labor agency.