Workplace discrimination at work

What workplace discrimination can look like

Workplace discrimination happens when an employer treats a worker worse because of a protected trait. This can include race, color, national origin, religion, sex, pregnancy, age, disability, and other traits protected by federal or state law.

It is not always obvious. Discrimination can show up in hiring, firing, pay, scheduling, promotions, discipline, job assignments, leave, training, or harassment. Sometimes it looks like unfair rules that are applied only to certain workers. Other times it is a pattern, like being passed over again and again while less qualified workers are promoted.

A few common examples are:
- being fired after telling your employer you are pregnant
- being paid less because of your race or national origin
- being mocked, insulted, or excluded because of your religion or accent
- being denied a reasonable accommodation for a disability or religion
- older workers being pushed out or replaced by younger workers

Not every unfair act is illegal discrimination. In most states, at-will employment is the default, which means employers can often make bad or unfair decisions for reasons that are not illegal. But they generally cannot take action because of a protected trait or because you asserted protected rights. You can read more about workplace rights on our rights page and our discrimination services page.

You do not need to be sure before asking for help

Many workers wait too long because they are not sure whether what happened was "serious enough." You do not need to prove everything by yourself before reaching out. A licensed employment attorney can look at the facts, explain what claims you may or may not have, and talk through next steps.

WorkRightMatch is not a law firm and not your lawyer. We provide general educational information and help workers get matched with independent, licensed employment attorneys. The service is free to workers, and many employment attorneys handle these cases on contingency and offer a free consultation.

If you are an immigrant, your workplace rights may still apply regardless of immigration status. You do not have to be a US citizen to be protected by many workplace laws. For more, see workplace rights for immigrant workers and rights for new immigrants.

What to do if you think you are being discriminated against

Try to stay calm and focus on facts. What you do in the next few days can matter.

1. Write down what happened. Note dates, times, people involved, witnesses, and what was said or done.
2. Save copies of non-confidential records you already have lawful access to, such as schedules, pay stubs, write-ups, emails, or texts about the problem.
3. Review your employer's complaint policy if one exists, and consider making a clear report in writing.
4. Keep doing your job as well as you can, if it is safe to do so.
5. Ask for legal guidance quickly, especially if you were fired, demoted, or denied leave or accommodation.

Be careful not to take or send company secrets, customer files, or privileged documents. On this site, do not upload or paste confidential case materials. The goal here is to request a consultation, not to share your whole file online.

If you want help organizing events, our guide to documenting workplace problems may help. If the problem also involves harassment, see how to report harassment at work.

Deadlines can be short, so do not wait

Employment claims have deadlines, and they can be surprisingly short. Some deadlines may be as short as 180 days, while others are longer. The time limit depends on the type of claim, the law involved, and the state. Sometimes you must first file a charge with an agency before filing a lawsuit.

That is why it is smart to speak with a licensed attorney soon after the problem happens, especially after a firing, suspension, demotion, or forced resignation. Waiting can make evidence harder to find and can reduce your options.

For background, see EEOC complaint vs. lawsuit, filing an EEOC charge, and our deadline quick guide. Because deadlines vary, confirm the timing for your situation with an attorney.

How an employment attorney may help

A licensed employment attorney may be able to evaluate whether the facts suggest illegal discrimination, explain what evidence matters, and help you understand possible paths forward. That could include negotiating with the employer, helping with an agency charge, reviewing a severance offer, or filing a claim if appropriate.

Attorneys also help workers avoid common mistakes, like missing deadlines, signing away rights too soon, or framing the complaint in a way that leaves out key facts. If your case involves more than one issue, such as retaliation, unpaid wages, or wrongful termination, an attorney can help spot that too.

Many employment attorneys work on contingency, which means they are paid only if the worker recovers money, and many offer a free consultation. WorkRightMatch is free to workers. If you are matched, any fee agreement is directly between you and the attorney. Learn more about how employment lawyers get paid and what an employment lawyer does.

If you are ready to talk to someone about your situation, get matched here.