LawyerLand
Lawyer Listings Add, Update, or Remove Listings
Lawyer Listings Add, Update, or Remove Listings
  • HOME
  • Browse
  • Law Firms
    • Law Domains For Sale
    • Law Firm Marketing
    • Listing Manager
    • Lawyer Website Templates
    • Investor Information
LawyerLand › Legal Glossary

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
    • Gilbert
    • Glendale
    • Mesa
    • Phoenix
    • Scottsdale
    • Tucson
  • 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
    • Jacksonville
    • Miami
    • Orlando
    • St Petersburg
    • Tampa
  • 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
    • Durham
    • Fayetteville
    • Greensboro
    • Raleigh
    • Winston-Salem
  • North Dakota (Fargo)
  • Ohio (Cincinnati)
    +3 other cities
    • Cleveland
    • Columbus
    • Toledo
  • 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
    • Austin
    • Corpus Christi
    • Dallas
    • El Paso
    • Fort Worth
    • Garland
    • Houston
    • Irving
    • Laredo
    • Lubbock
    • Plano
    • San Antonio
  • Utah (Salt Lake City)
  • Vermont (Burlington)
  • Virginia (Chesapeake)
    +3 other cities
    • Norfolk
    • Richmond
    • Virginia Beach
  • 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.

  • At-Will Employment and Wrongful TerminationThe default rule that an employer may end employment for any reason or none, and the exceptions that make some firings unlawful.
  • ERISA Benefit Claim Denial (Disability, Health and Pension Plans)The federal rules for appealing, and then suing over, a denied claim under an employer-sponsored disability, health, life or retirement plan.
  • FELA Railroad Worker Injury ClaimThe federal law that lets an injured railroad employee sue the railroad for negligence instead of receiving workers' compensation.
  • FMLA Leave (Family and Medical Leave Act)A federal right to unpaid, job-protected leave for a serious health condition, a new child, or a family member's serious illness, with health coverage kept in place.
  • Overtime and Minimum Wage (FLSA)The federal floor for pay: a minimum hourly wage, and time and a half for hours over forty in a workweek, unless the job is exempt.
  • Severance AgreementWhat a severance agreement trades, which claims it can and cannot release, the special rules for workers aged 40 and over, and the clauses worth reading twice.
  • Sexual Harassment at WorkUnwelcome sexual conduct at work that is a condition of the job or creates a hostile environment, a form of sex discrimination under Title VII.
  • Unemployment Benefits (Unemployment Insurance)State-run insurance that pays part of a worker's lost wages after a job ends through no fault of their own, decided by a state agency with a right to a hearing.
  • Union and Concerted Activity Rights (NLRA)The right of most private-sector employees to organize, join a union, or act together about pay and conditions without a union, and how unfair labor practices are charged.
  • Whistleblower Claims and Qui Tam (False Claims Act)Laws that protect, and in some cases reward, people who report fraud against the government or other violations, including private qui tam suits under the False Claims Act.
  • Workplace Safety Complaints (OSHA)The federal right to a safe workplace, how a worker files a confidential OSHA complaint, the narrow right to refuse dangerous work, and protection against retaliation.

« All glossary terms

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.
Related free reference tools: statute of limitations for a personal-injury claim, by state, quoted from each state's official text - part of LawyerLand's legal reference tools.
LawyerLand Logo LawyerLand Logo


List Your Law Firm | Legal Glossary | Investor Information | Free Legal Aid | Research | Legal Tools | Press | Disclaimer | Terms & Conditions | Privacy | Your Privacy Choices

© 2026 LawyerLand Inc., All rights reserved.