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Employment Discrimination

Which traits federal law protects at work, which employers each law covers, the main kinds of discrimination claim, and what a court can order.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Discrimination law firms.

What it means

Federal law forbids an employer to make a decision about hiring, firing, pay, promotion, assignments or any other term of employment because of a protected trait. Title VII of the Civil Rights Act covers race, color, religion, sex and national origin; sex includes pregnancy, and the Supreme Court held in 2020 that it includes sexual orientation and gender identity. The Age Discrimination in Employment Act protects workers aged 40 and over, the Americans with Disabilities Act protects qualified people with disabilities, the Genetic Information Nondiscrimination Act protects genetic information, and the Pregnant Workers Fairness Act requires reasonable accommodation of known limitations related to pregnancy and childbirth. Title VII, the ADA and the pregnancy law apply to employers with 15 or more employees and the age law to 20 or more; state laws usually reach smaller employers and add further traits.

Claims take a few recurring shapes. Disparate treatment is being treated worse because of the trait, usually proved through circumstantial evidence: the employer's stated reason is shown to be false or inconsistent with how others were treated. Harassment is unlawful when it is severe or pervasive enough to change working conditions, or when it ends in a tangible action such as a firing (see sexual harassment). Disparate impact is a neutral rule that screens out a protected group without a business necessity. Failure to accommodate applies to disability, religion and pregnancy. And punishing someone for complaining is a separate claim, retaliation, which often succeeds where the underlying complaint does not.

Two federal laws work differently. The Equal Pay Act requires equal pay for men and women doing substantially equal work in the same establishment, covers employers of any size, and can go straight to court. Section 1981 forbids race discrimination in making and enforcing contracts, including employment, with no employer-size limit and no agency charge required. Under Title VII, the ADA and the age law, a claim generally begins with a charge filed with the EEOC or a state agency. Remedies can include back pay, reinstatement or front pay, and compensatory and punitive damages, which federal law caps according to the employer's size.

Where this comes from

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e(b) (covered employers), 2000e(k) (pregnancy), 2000e-2 (unlawful practices; disparate impact at § 2000e-2(k)), 2000e-3(a) (retaliation); Bostock v. Clayton County, 590 U.S. 644 (2020). Age Discrimination in Employment Act, 29 U.S.C. §§ 623, 630(b), 631(a). Americans with Disabilities Act, Title I, 42 U.S.C. §§ 12111-12112. Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff-1. Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg-1. Equal Pay Act, 29 U.S.C. § 206(d). 42 U.S.C. § 1981. Damages caps, 42 U.S.C. § 1981a(b)(3). Proof framework: McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973); harassment standard: Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993).

When people hire a lawyer for this

Talk to an employment lawyer soon after the decision you believe was discriminatory, because the agency charge deadline is short and runs from that decision, not from when you learn more. Bring a timeline, the names of the decision-makers, how others in your position were treated, and any written reasons, reviews and messages; do not take confidential company documents you were not entitled to. Many plaintiff-side employment lawyers work on a contingency fee, and the EEOC itself takes charges without a lawyer.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find Discrimination law firms in your state

Choose your state to see Discrimination law firms in the city where we list the most; your city may be under “other cities”, A to Z.

Alabama (Birmingham)
+1 other city
- Montgomery
Alaska (Anchorage)
Arizona (Chandler)
+6 other cities
Arkansas (Little Rock)
California (Anaheim)
+19 other cities
- Bakersfield
- Chula Vista
- Fontana
- Fremont
- Irvine
- Long Beach
- Riverside
- Sacramento
- San Bernardino
- San Diego
- San Francisco
- Santa Ana
- and 7 more with fewer listed firms
Colorado (Aurora)
+2 other cities
- Colorado Springs
- Denver
Connecticut (Bridgeport)
Delaware (Wilmington)
District of Columbia (Washington)
Florida (Hialeah)
+5 other cities
Georgia (Atlanta)
Hawaii (Honolulu)
Idaho (Boise)
Illinois (Chicago)
Indiana (Fort Wayne)
+1 other city
- Indianapolis
Iowa (Des Moines)
Kansas (Kansas City)
Kentucky (Lexington)
+1 other city
- Louisville
Louisiana (Baton Rouge)
+2 other cities
- New Orleans
- Shreveport
Maine (Portland)
Maryland (Baltimore)
Massachusetts (Boston)
Michigan (Detroit)
Minnesota (Minneapolis)
+1 other city
- Saint Paul
Mississippi (Jackson)
Missouri (Kansas City)
+1 other city
- St. Louis
Montana (Billings)
Nebraska (Lincoln)
+1 other city
- Omaha
Nevada (Henderson)
+2 other cities
- Las Vegas
- North Las Vegas
New Hampshire (Manchester)
New Jersey (Newark)
+1 other city
- Jersey City
New Mexico (Albuquerque)
New York (Buffalo)
+2 other cities
- New York City
- Rochester
North Carolina (Charlotte)
+5 other cities
North Dakota (Fargo)
Ohio (Cincinnati)
+3 other cities
Oklahoma (Oklahoma City)
+1 other city
- Tulsa
Oregon (Portland)
Pennsylvania (Philadelphia)
+1 other city
- Pittsburgh
Rhode Island (Providence)
South Carolina (Columbia)
Tennessee (Memphis)
+1 other city
- Nashville
Texas (Arlington)
+12 other cities
Utah (Salt Lake City)
Vermont (Burlington)
Virginia (Chesapeake)
+3 other cities
Washington (Seattle)
+2 other cities
- Spokane
- Tacoma
West Virginia (Charleston)
Wisconsin (Madison)
+1 other city
- Milwaukee
Wyoming (Cheyenne)

Related terms

Other entries in the same area of law, each written from the same primary sources.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.

If you cannot afford a lawyer, civil legal aid programs provide free help with many of these problems: civil legal aid programs by state.

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