Employment Discrimination: When Workplace Bias Becomes Illegal

Legally, discrimination does not cover every instance of unfair treatment. To be actionable, the bias must be directed at a protected class. 

Under federal laws such as Title VII of the Civil Rights Act, these include:

• Race and Color
• Religion
• National Origin
• Sex (including pregnancy, sexual orientation, and gender identity)
• Age (40 and older)
• Disability and Genetic Information

The law does not eliminate an employer’s right to make difficult business choices. An employer can fire an employee for poor performance, personality conflicts, or economic restructuring. Discrimination only occurs when a protected class status is a motivating factor in that decision. Proving this requires moving beyond subjective feelings to identify objective evidence of bias.

Any adverse employment action that affects the terms or conditions of employment can trigger a claim. 

This includes:

• Refusal to hire qualified applicants based on origin or religion.
• Denial of promotions despite superior performance metrics.
• Wrongful termination or discriminatory layoffs.
• Disparities in pay and benefits for substantially similar work.

A hostile work environment arises when unwelcome conduct based on a protected trait is so severe or pervasive that it alters the conditions of the victim’s employment. This is not limited to physical contact; it includes verbal slurs, offensive imagery, or a consistent pattern of derogatory comments that a reasonable person would find intimidating or abusive.

The EEOC (Equal Employment Opportunity Commission) enforces several critical federal acts:

• Title VII: Prohibits bias in all aspects of employment.
• The Americans with Disabilities Act (ADA): Mandates reasonable accommodations.
• The Age Discrimination in Employment Act (ADEA): Protects older workers from being phased out.

Many states have enacted laws that offer broader protections than federal law. For example, some state statutes apply to smaller employers that may be exempt from federal oversight, or they may include additional protected categories such as marital status or political affiliation. Navigating the intersection of these jurisdictions is a core component of a successful litigation strategy.

Before filing a civil lawsuit in federal court, you must undergo administrative exhaustion. This requires filing a formal charge with the EEOC. Skipping this step is a terminal procedural error that will lead to a dismissal of your case regardless of the evidence.

The burden of proof in these cases often follows a specific framework:

• Prima Facie Case: The plaintiff shows they belong to a protected class and suffered an adverse employment action.
• Employer’s Defense: The employer provides a legitimate, non-discriminatory reason for the action.
• Pretext: The plaintiff must prove the employer’s reason was a lie (pretext) designed to hide actual discrimination.

We look for two types of proof:

• Disparate Treatment: 
• Explicit bias where you are treated differently than others.
• Disparate Impact: 
• Policies that appear neutral but unfairly disadvantage a protected class. Forensic evidence such as emails, witness statements, and internal performance reviews are the primary tools used to substantiate these claims.

The goal of employment discrimination litigation is to make the victim whole. However, the process is lengthy and adversarial. If the evidence is purely anecdotal, the risk of a procedural dismissal may outweigh the potential recovery.

• Back Pay: 
• Wages and benefits lost from the date of the adverse employment action to the date of judgment.
• Compensatory Damages: 
• Coverage for out of pocket expenses and emotional distress.
• Punitive Damages: 
• Available in cases where the employer acted with malice or reckless indifference.

The court can order injunctive relief, such as reinstating the employee to their former position or mandating anti-discrimination training for the company. Furthermore, federal law often allows the prevailing plaintiff to recover attorney’s fees, ensuring that the cost of justice does not fall entirely on the victim.

Once a charge is filed, the EEOC may investigate the claim, request a statement from the employer, or suggest mediation. If the EEOC cannot determine a violation occurred, they will issue a right-to-sue letter.

Receiving a right-to-sue letter is the trigger for litigation. You typically have only 90 days from the receipt of this letter to file a civil lawsuit. If you miss this deadline, your right to seek a judicial remedy is permanently lost.