Workplace Discrimination Laws: A Guide to Your Rights and Protections

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Being treated differently at work because of who you are is often illegal. Workplace discrimination occurs when an employer treats an employee or job applicant unfairly because of certain personal characteristics that are protected by law.

Federal and state laws provide powerful protection against such unequal treatment. This guide explains your rights, the different forms illegal treatment can take, and the steps you can take if you believe you’ve been discriminated against.

The primary federal agency enforcing these laws is the U.S. Equal Employment Opportunity Commission (EEOC), which serves as a critical resource for both employees and employers.

What Makes Workplace Treatment Illegal

Unlawful workplace discrimination isn’t merely about being treated unfairly—it’s about being treated differently because of your membership in a legally protected group. Federal laws, primarily enforced by the EEOC, make it illegal for employers to base decisions on personal traits in any aspect of employment.

This protection covers the entire employment lifecycle, from recruitment and hiring to job assignments, pay, promotions, benefits, and termination.

These anti-discrimination laws apply to most private employers, state and local governments, educational institutions, labor unions, and staffing agencies. However, coverage can depend on employer size. For many EEOC-enforced laws, the employer must have 15 or more employees. For age discrimination claims, the threshold is 20 or more employees. Federal government agencies are covered regardless of size.

Who Gets Protection: Federal Protected Classes

The foundation of workplace rights rests on “protected characteristics” or “protected classes.” Federal law explicitly prohibits discrimination based on these personal attributes:

Race & Color

This involves treating someone unfavorably because they belong to a certain race or possess personal characteristics commonly associated with race, such as hair texture, skin color, or specific facial features. The law also forbids discrimination against an individual because they’re married to or associated with a person of a particular race or color.

Importantly, discrimination can occur even when the victim and the person inflicting the discrimination are of the same race or color.

Religion

This protection is defined very broadly. It includes not only traditional, organized religions like Christianity, Judaism, Islam, Hinduism, and Buddhism but also sincerely held religious, ethical, or moral beliefs that may be new, uncommon, or not part of a formal church.

The key is that the belief is sincerely held by the individual. Employers have a legal duty to provide “reasonable accommodation” for an employee’s religious practices unless doing so would impose “undue hardship” on the business.

Sex

This comprehensive category has expanded significantly over time. It protects individuals from being treated unfavorably based on their sex, including protections against sexual harassment.

The category also explicitly includes discrimination based on pregnancy, childbirth, or related medical conditions, as established by the Pregnancy Discrimination Act. A landmark 2020 Supreme Court decision affirmed that discrimination “because of sex” also includes discrimination based on sexual orientation and gender identity or transgender status.

National Origin

This protects individuals from discrimination based on their country of origin, ancestry, culture, or accent. It’s illegal to make employment decisions based on stereotypes or assumptions about a person’s abilities or traits because of their national origin.

Age (40 and Older)

The Age Discrimination in Employment Act (ADEA) was specifically passed to protect individuals who are 40 years of age or older from being treated less favorably because of their age.

Disability

An individual is protected under the Americans with Disabilities Act (ADA) if they have a physical or mental impairment that substantially limits one or more major life activities, have a history or record of such an impairment, or are regarded by an employer as having such an impairment.

Genetic Information

The Genetic Information Nondiscrimination Act (GINA) makes it illegal to discriminate against employees or applicants based on their genetic information. This includes information from an individual’s or a family member’s genetic tests, as well as family medical history.

How Federal Protections Have Evolved

The list of protected characteristics isn’t static—it has grown considerably since the civil rights era, reflecting a deepening societal and legal understanding of fairness and equality.

The original Civil Rights Act of 1964 established protections based on race, color, religion, sex, and national origin. The inclusion of “sex” was a late addition to the bill, which led to decades of legal interpretation to define its full scope.

Recognizing gaps in this foundational law, Congress later passed specific legislation to address other forms of discrimination. The ADEA was passed in 1967 to combat stereotypes about older workers, and the ADA was enacted in 1990 to ensure equal opportunity for individuals with disabilities. More recently, GINA was passed in 2008 to address concerns that advances in genetic science could lead to new forms of discrimination.

Courts have also played a crucial role in clarifying and expanding these protections. In the landmark 2020 decision Bostock v. Clayton County, the U.S. Supreme Court ruled that discrimination “because of sex” under Title VII necessarily includes discrimination based on sexual orientation and gender identity.

The Court reasoned that it’s impossible to discriminate against a person for being homosexual or transgender without discriminating against them for traits inextricably bound up with sex.

Three Forms of Illegal Workplace Conduct

Unlawful discrimination manifests in several distinct ways. While the motivation is always an individual’s protected characteristic, the illegal conduct itself can range from a single employment decision to a pattern of abusive behavior or punishment for asserting one’s rights.

The law recognizes three primary forms of illegal conduct: discriminatory actions, workplace harassment, and retaliation.

Discriminatory Employment Actions

The most direct form of discrimination occurs when an employer takes a tangible, negative, or “adverse” action against an employee or applicant that affects any “term, condition, or privilege of employment.” Federal law prohibits such actions when they’re motivated by a person’s protected status.

These prohibited practices can occur at any stage of the employment relationship and include:

Hiring, Recruitment, and Advertising: Refusing to hire someone, or using advertising that discourages people from a certain protected group from applying.

Discharge, Firing, and Layoffs: Terminating or selecting an employee for layoff because of their race, age, disability, or other protected trait.

Compensation and Pay: Paying employees in a protected class less than other employees for performing substantially equal work.

Promotion and Advancement: Denying an employee a promotion or the opportunity to advance within the company for a discriminatory reason.

Job Assignments and Classification: Limiting, segregating, or classifying employees in a way that deprives them of employment opportunities. For example, assigning all employees of a certain national origin to a non-customer-facing department.

Training and Benefits: Excluding employees from training programs or denying them fringe benefits, such as health insurance or paid leave, based on a protected characteristic.

Discrimination isn’t always overt. Sometimes, a seemingly neutral company policy can be illegal if it has a disproportionately negative effect on people in a protected class and isn’t job-related or essential for business operation.

This is known as disparate impact. For example, a “no-beard” policy that applies to all employees may be unlawful if it’s not necessary for the job and disproportionately screens out Black men who have a predisposition to a skin condition that makes shaving difficult.

Workplace Harassment: When Behavior Crosses the Line

Unlawful workplace harassment is a form of discrimination that consists of unwelcome conduct based on a protected characteristic. The law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious. Workplace disagreements or personality conflicts aren’t, by themselves, illegal harassment.

Harassment becomes illegal when one of two conditions is met:

1. Enduring the offensive conduct becomes a condition of continued employment (often called “quid pro quo” harassment, such as a supervisor demanding sexual favors in exchange for keeping a job)
2. The conduct is so severe or pervasive that it creates a work environment that a reasonable person would find intimidating, hostile, or abusive

A critical point often misunderstood is the “severe or pervasive” standard. The conduct doesn’t need to be both. A single, extremely serious act can be enough to violate the law.

For instance, a physical assault, the use of a deeply offensive racial slur by a supervisor, or an incident of unwanted touching of an intimate body part could each be considered severe enough to create a hostile work environment on its own.

The status of the harasser also matters; harassment by a supervisor or company owner is often viewed as more severe than similar behavior from a coworker because of the inherent power imbalance.

Examples of harassing conduct can be verbal, visual, physical, or even digital:

Verbal Conduct: Offensive jokes, racial or ethnic slurs, epithets, name-calling, and derogatory comments.

Visual Conduct: Displaying offensive materials such as objects or pictures (like a noose or swastika), sexually suggestive cartoons, or demeaning posters.

Physical Conduct: Unwanted touching, physical assault, threats, or intentionally impeding or blocking a person’s movement.

Cyber Harassment: Forwarding offensive or derogatory “joke” emails, or sharing pornographic or sexually demeaning content, including AI-generated images and “deepfakes.”

Harassment can take several forms recognized by law:

Sexual Harassment: This includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It can be “quid pro quo” (this for that) or create a hostile work environment.

Intersectional Harassment: This occurs when harassment is based on the intersection of two or more protected characteristics. For example, if a woman over age 40 is harassed with stereotypes about “older women,” the conduct is considered both age and sex discrimination.

Associational Harassment: It’s also illegal to harass an employee because of their known association with an individual from a protected group. For example, harassing a White employee because their spouse is Black is a violation of the law.

Retaliation: Punishment for Speaking Out

Retaliation is an illegal and particularly harmful form of discrimination. It occurs when an employer takes an adverse action against an employee or applicant because they engaged in a “protected activity” under anti-discrimination laws.

Protected activities are legally recognized actions that an employee can take to oppose discrimination or participate in an EEO process without fear of punishment. These include:

• Filing or serving as a witness in an EEOC charge, complaint, investigation, or lawsuit
• Communicating with a supervisor or manager about employment discrimination or harassment
• Refusing to follow orders that would result in discrimination
• Resisting sexual advances or intervening to protect others from harassment
• Requesting a reasonable accommodation for a disability or a sincerely held religious belief

When an employee engages in one of these activities, it’s illegal for an employer to punish them. Common retaliatory actions include:

• Firing, demotion, or denying a promotion
• Giving an unwarranted negative performance evaluation
• Increasing scrutiny, micromanaging, or nitpicking an employee’s work
• Transferring an employee to a less desirable position, shift, or location
• Excluding an employee from meetings, projects, or team communications
• Engaging in verbal or physical abuse or making threats

For more than 15 years, retaliation has been the single most frequently alleged basis of discrimination in all charges filed with the EEOC. In fiscal year 2023, it was cited in nearly 60% of all charges filed with the agency.

This persistent trend reveals a critical vulnerability in many workplace cultures. When an employee raises a concern, the initial organizational response is often defensive or punitive, which escalates the situation into a new, and often more easily provable, legal violation.

An employee can win a retaliation claim even if their original discrimination complaint is ultimately found to be without merit. The key legal question isn’t whether the initial conduct was discriminatory, but whether the employer took an adverse action because the employee spoke up.

Federal Laws That Protect You

A robust framework of federal legislation provides the foundation for employment rights in the United States. These laws, passed over several decades, define what constitutes illegal discrimination and establish enforcement mechanisms.

Title VII of the Civil Rights Act of 1964

Title VII is the foundational federal law that prohibits employment discrimination. It was enacted as part of the landmark Civil Rights Act of 1964, signed into law by President Lyndon B. Johnson, and represents a watershed moment in American legal history.

A key component of the act was creating the U.S. Equal Employment Opportunity Commission (EEOC) to oversee and enforce its provisions.

Scope: Title VII makes it illegal for an employer to discriminate based on race, color, religion, sex, and national origin in any term or condition of employment. The law applies to most employers with 15 or more employees, as well as labor unions and employment agencies.

Key Provisions: The act forbids both intentional discrimination, known as “disparate treatment,” and neutral employment practices that have an unjustified, disproportionately negative effect on members of a protected class, known as “disparate impact.”

Title VII also contains a crucial anti-retaliation provision, making it illegal for an employer to punish an employee for opposing discriminatory practices or participating in an EEO proceeding.

Age Discrimination in Employment Act of 1967 (ADEA)

Congress passed the ADEA in 1967 to address the widespread problem of employers setting arbitrary age limits for jobs. The law’s purpose is to promote the employment of older workers based on their ability rather than their age.

Scope: The ADEA specifically protects individuals who are 40 years of age and older from employment discrimination. It applies to private employers with 20 or more employees, state and local governments, employment agencies, labor organizations, and the federal government.

Key Provisions: The ADEA prohibits age-based harassment, discrimination in benefits, and mandatory retirement ages for most employees. An employer can defend an age-based decision if it can prove that age is a “bona fide occupational qualification” (BFOQ) reasonably necessary to the normal operation of the business.

However, this is a very narrow exception that’s difficult to prove and is typically limited to jobs where public safety is a primary concern, such as for airline pilots or bus drivers.

Americans with Disabilities Act of 1990 (ADA)

The ADA is a comprehensive civil rights law designed to eliminate barriers and prohibit discrimination against people with disabilities in all major areas of public life, including employment (covered under Title I of the act).

Scope: Title I of the ADA applies to private and state and local government employers with 15 or more employees. It protects “qualified individuals with a disability,” defined as those who can perform the essential functions of a job with or without reasonable accommodation.

Key Provisions:

Definition of Disability: The ADA defines disability broadly as a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment.

Reasonable Accommodation: This is a core requirement of the ADA. Employers must provide reasonable adjustments or modifications to a job or work environment to enable an employee with a disability to perform their job duties, unless doing so would cause “undue hardship,” meaning significant difficulty or expense for the employer.

Restrictions on Medical Inquiries: The ADA strictly limits an employer’s ability to ask applicants or employees questions about their medical conditions or to require medical examinations.

Association Provision: The ADA also protects individuals from discrimination based on their known relationship or association with a person who has a disability. For example, an employer cannot refuse to hire an applicant because they have a child with a disability and the employer assumes they will need to miss work.

Genetic Information Nondiscrimination Act of 2008 (GINA)

GINA was enacted to address growing concerns that advances in genetic science could lead to a new form of discrimination. Its purpose is to reassure the public that they can take advantage of genetic testing and technologies without risking that their genetic information will be used against them by employers.

Scope: GINA applies to employers with 15 or more employees and prohibits them from using an individual’s genetic information in any decision related to employment.

Key Provisions:

Definition of Genetic Information: This includes the results of an individual’s genetic tests, the genetic tests of their family members, and their family medical history.

Prohibited Actions: The law strictly forbids employers from requesting, requiring, or purchasing genetic information about an applicant or employee. There are very few, narrow exceptions, such as the inadvertent acquisition of information. Any genetic information an employer does possess must be kept confidential and stored in a separate medical file.

Other Critical Federal Protections

Several other federal laws provide crucial protections against specific types of discrimination:

Equal Pay Act of 1963 (EPA): Passed a year before the Civil Rights Act, the EPA specifically targets sex-based wage discrimination. It requires that men and women in the same establishment receive equal pay for performing equal work. The jobs don’t have to be identical, but they must be substantially equal in terms of skill, effort, and responsibility.

Pregnancy Discrimination Act (PDA): This law, an amendment to Title VII, clarifies that discrimination “because of sex” includes discrimination based on pregnancy, childbirth, or related medical conditions.

Pregnant Workers Fairness Act (PWFA): A more recent law that builds on the PDA, the PWFA requires covered employers to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship for the employer.

Rehabilitation Act of 1973: This act was a precursor to the ADA and prohibits discrimination based on disability in the federal sector. It applies to federal government agencies, federal contractors, and any program or activity receiving federal financial assistance.

Uniformed Services Employment and Reemployment Rights Act (USERRA): This law protects the civilian job rights and benefits for veterans and members of the uniformed services.

Federal Law Overview

State and Local Laws: Going Beyond Federal Minimums

While federal laws provide a strong foundation for anti-discrimination rights, an individual’s protections can vary significantly depending on where they live and work. The American legal system allows states and even cities to enact their own laws that often provide greater protections than those available at the federal level.

Federal Law as a “Floor”

It’s helpful to think of federal anti-discrimination law as a “floor,” establishing the minimum level of protection that applies nationwide. States and municipalities are free to build upon this foundation, creating a higher “ceiling” of rights for their residents.

This means that a form of discrimination that might not be covered under federal law could be illegal under state or local law. These laws frequently apply to smaller employers that aren’t covered by federal statutes and often include additional protected classes.

California’s Expanded Protections

California’s Fair Employment and Housing Act (FEHA) is a prime example of a state law that provides more expansive protections than its federal counterparts.

Broader Scope: FEHA’s anti-discrimination provisions apply to employers with five or more employees, a much lower threshold than the 15-employee minimum for most federal laws. Critically, FEHA’s prohibition on harassment applies to all employers, regardless of size, protecting workers at even the smallest businesses.

Additional Protected Classes: FEHA explicitly lists several protected characteristics that aren’t named in federal statutes, including Ancestry, Marital Status, Gender Expression, Gender Identity, and Medical Condition (a category distinct from disability).

Stronger Harassment Standard: The legal landscape in California is particularly protective against harassment. A 2024 California Supreme Court decision in Bailey v. San Francisco established that a single, particularly egregious racial slur used by a coworker could be severe enough to create a hostile work environment.

Filing and Remedies: Employees in California generally have three years from the date of the discriminatory act to file a complaint with the state’s enforcement agency, the Civil Rights Department (CRD). This is a significantly longer filing period than the federal 180- or 300-day deadlines.

New York’s Layered Protections

New York provides another powerful example of layered protections, with both state and city laws that build upon the federal floor.

New York State Human Rights Law (NYSHRL): This law applies to employers with four or more employees, again covering smaller businesses than federal law. The NYSHRL also adds to the list of protected classes, explicitly including military status, predisposing genetic characteristics, and marital status.

New York City Human Rights Law (NYCHRL): Widely regarded as one of the most comprehensive anti-discrimination laws in the United States, the NYCHRL offers protections that go far beyond both federal and state law.

Additional Protected Classes: The NYCHRL protects individuals based on their caregiver status, unemployment status, credit history, and immigration or citizenship status, among others.

Prohibited Practices: The city law is proactive in addressing discriminatory practices. It bans employers from asking about a job applicant’s salary history during the hiring process and mandates pay transparency by requiring salary ranges to be included in all job postings.

Protection Comparison Chart

The EEOC: Your Federal Watchdog

When Congress passed the Civil Rights Act of 1964, it did more than just outlaw discrimination—it created an independent federal agency to enforce those rights. The U.S. Equal Employment Opportunity Commission (EEOC) serves as the primary federal watchdog dedicated to preventing and remedying unlawful employment discrimination.

What the EEOC Does

The EEOC is an independent, bipartisan commission established by Title VII of the Civil Rights Act of 1964. Its core mission is to advance equal opportunity for all in the workplace by enforcing the major federal anti-discrimination laws, including Title VII, the ADEA, the ADA, the EPA, GINA, and the PWFA.

The EEOC’s jurisdiction covers most private employers, state and local governments, employment agencies, and labor unions.

How the EEOC Enforces the Law

The EEOC employs a multi-pronged approach to combat discrimination, combining direct intervention on behalf of individuals with broader efforts to educate and guide the public:

Investigation: The EEOC’s primary day-to-day function is to receive and investigate “charges of discrimination” filed by employees and job applicants who believe their rights have been violated. The agency acts as a neutral fact-finder, gathering evidence from both the employee and the employer to determine if there’s reasonable cause to believe discrimination occurred.

Mediation and Conciliation: The EEOC strongly encourages resolving disputes without resorting to litigation. It offers a free and confidential mediation program where a neutral third party helps the employee and employer try to reach a voluntary settlement. If the EEOC’s investigation finds evidence of discrimination, it will first attempt to settle the charge through a formal process called “conciliation.”

Litigation: When the EEOC finds reasonable cause to believe discrimination has occurred but is unable to reach a settlement through conciliation, its legal staff may decide to file a lawsuit against the employer in federal court. The EEOC strategically selects cases for litigation that may have a broad impact on an industry or help clarify the law.

Guidance and Education: A crucial part of the EEOC’s mission is prevention. The agency issues regulations and enforcement guidance to explain how anti-discrimination laws apply to specific workplace situations, such as harassment or reasonable accommodations. It also conducts extensive public outreach and education to inform both employees and employers of their rights and responsibilities.

How to File a Discrimination Charge

If you believe you’ve been subjected to unlawful discrimination, you have the right to file a formal complaint, known as a “Charge of Discrimination,” with the EEOC. This is a mandatory first step for most federal claims before you can file a lawsuit in court.

Before You File: Gather Your Information

Being prepared can make the filing process smoother and more effective. Before you contact the EEOC, gather this key information:

• Your full name, address, and telephone number
• The full name, address, and telephone number of the employer you’re filing against
• The approximate number of employees who work for that employer, if you know it
• A short, clear description of the discriminatory events, including specific dates and locations
• The reason you believe the discrimination occurred (race, sex, age, disability, religion, etc.)
• The names and contact information of any individuals who witnessed the events
• Any documents that support your claim, such as a termination letter, performance evaluations, emails, or pay stubs

Critical Deadlines: The 180/300-Day Rule

One of the most important procedural rules in employment discrimination law is the strict time limit for filing a charge. Failure to meet this deadline can result in the loss of your right to seek legal recourse.

The general rule is that you must file a charge with the EEOC within 180 calendar days from the day the discrimination took place.

However, this deadline is extended to 300 calendar days if your state or local area has its own anti-discrimination law and an agency that enforces it. Most states have such laws and agencies. Because it can be difficult to determine which deadline applies, it’s always best to act quickly.

Important: Do not delay. Contact the EEOC promptly if you suspect discrimination to ensure you don’t miss the deadline.

The Filing Process

The EEOC has made the initial intake process accessible through several channels:

Online Inquiry (Recommended): The most efficient way to begin is by using the EEOC Public Portal. This online system will ask you a series of questions to determine if the EEOC is the correct agency to handle your complaint. If it is, you can submit an online inquiry, which will lead to a scheduled interview with an EEOC representative.

By Phone: You can call the EEOC’s toll-free number at 1-800-669-4000 (1-800-669-6820 for TTY) to discuss your situation. A representative can take your information and guide you on the next steps.

In Person: You can visit one of the EEOC’s 53 field offices. It’s best to schedule an appointment through the Public Portal, but walk-ins are also accepted.

The interview is a critical part of the process. An EEOC staff member will discuss the details of your situation with you, review your documents, and help you assess whether filing a formal “Charge of Discrimination” is the appropriate path.

The final decision to file is yours. The formal charge is typically prepared by the EEOC based on the information you provide during the interview and is only officially filed after you’ve reviewed and signed it.

What Happens After You File

Once your charge is officially filed, a formal process begins:

Employer Notification: The EEOC will send a copy of the charge to the employer, which includes your name and the details of your allegations.

Mediation: In many cases, the EEOC will offer both you and the employer the opportunity to participate in mediation. This is a voluntary and confidential process where a neutral mediator helps you try to reach an early settlement. If an agreement is reached, the charge is closed.

Investigation: If mediation isn’t pursued or is unsuccessful, the EEOC will launch an investigation. An investigator will act as a neutral fact-finder, which may involve interviewing witnesses, requesting documents from the employer, and gathering other evidence.

Determination: After the investigation is complete, the EEOC will issue a formal determination.

If the EEOC finds “reasonable cause” to believe discrimination occurred, it will first try to resolve the issue through conciliation, a formal settlement process. If conciliation fails, the EEOC’s legal department will decide whether to file a lawsuit on your behalf.

If the EEOC doesn’t find reasonable cause (a “no cause” finding), it will close the investigation and issue you a “Dismissal and Notice of Rights” letter.

The “Right to Sue” Letter: This letter is a crucial document. It gives you the legal right to file your own lawsuit against the employer in federal court. Whether you receive this letter after a “no cause” finding or because the EEOC found cause but decided not to litigate, you must file your lawsuit within 90 days of receiving the notice.

You can also request a Right to Sue letter from the EEOC if your charge has been pending for more than 180 days and you wish to proceed directly to court.

What Employers Must Do: Accommodation and Prevention

Preventing discrimination isn’t only a legal requirement but also a cornerstone of a healthy and productive workplace. Employers have affirmative duties under the law to ensure equal opportunity, which includes providing accommodations when necessary and proactively implementing policies and training to stop discrimination before it starts.

The Duty to Accommodate

Federal law requires employers to do more than simply refrain from discrimination; in certain situations, they must take proactive steps to provide “reasonable accommodations” that enable employees to perform their jobs.

Reasonable Accommodations for Disability: Under the ADA, an employer has a legal duty to provide reasonable accommodation for the known physical or mental limitations of a qualified employee or applicant, unless doing so would cause “undue hardship” on the business.

A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. Examples include:

• Making existing facilities accessible
• Job restructuring or modifying work schedules
• Acquiring or modifying equipment or devices
• Providing qualified readers or interpreters

Reasonable Accommodations for Religion: Similarly, Title VII requires an employer to reasonably accommodate an employee’s sincerely held religious beliefs, practices, or observances, unless doing so would impose “undue hardship” on the conduct of the employer’s business.

Common religious accommodations include exceptions to dress codes (allowing head coverings), flexible scheduling for religious observances, or changes to job tasks that conflict with religious beliefs.

Understanding “Undue Hardship” Standards

The legal standard for what constitutes “undue hardship” is a critical point of distinction between disability and religious accommodations.

Under the ADA, “undue hardship” is defined as an action requiring “significant difficulty or expense.” This is a high bar to meet, and the analysis considers the employer’s size, financial resources, and the nature of its operations.

For religious accommodations under Title VII, the standard is different. A 2023 Supreme Court decision in Groff v. DeJoy established that to prove undue hardship, an employer must show that granting the accommodation would result in “substantial increased costs in relation to the conduct of its particular business.”

While this is a higher burden for employers than the previous standard, it’s still generally considered less demanding than the ADA’s “significant difficulty or expense” test.

Building a Fair Workplace: Best Practices

The most effective way for employers to avoid discrimination claims is to foster a workplace culture of respect and fairness, supported by clear policies and robust training.

Create Effective Anti-Discrimination Policies: A strong policy should be written in plain, easy-to-understand language and should:

• Clearly state that discrimination, harassment, and retaliation are illegal and will not be tolerated
• Provide clear definitions and real-world examples of prohibited conduct
• Establish a clear and accessible complaint process that provides multiple avenues for reporting
• Provide strong assurances that employees will be protected from retaliation
• Guarantee that complaints will be handled promptly, thoroughly, and impartially

Conduct Meaningful Anti-Harassment Training: Training should not be a one-time event. To be effective, training should be:

• Provided to all employees, supervisors, and managers on a regular basis
• Interactive and engaging, using examples tailored to the specific workplace and industry
• Focused on practical guidance, bystander intervention, and the specific roles of supervisors

Discrimination by the Numbers: Current Trends and Cases

Understanding how anti-discrimination laws play out in the real world provides powerful perspective on the prevalence and nature of workplace discrimination in the United States.

2023 EEOC Data Snapshot

The EEOC’s data for Fiscal Year 2023 reveals several important trends:

Increase in Charges: The EEOC received 81,055 new charges of discrimination, a notable 10% increase from the previous year and the highest number since 2017.

Retaliation Remains #1: For the 16th consecutive year, retaliation was the most frequently cited claim, appearing in nearly 60% of all charges filed.

Top Discrimination Claims: Following retaliation, the most common claims were based on disability, race, and sex discrimination.

Significant Monetary Relief: The EEOC secured over $440.5 million in monetary benefits for victims through its administrative enforcement process, which includes mediation and conciliation, before any litigation is filed.

Increased Litigation: The EEOC’s legal teams filed 143 new merit lawsuits against employers, a substantial increase from 91 in the prior year. The majority of these lawsuits alleged violations of the ADA or Title VII.

Recent Case Examples

These statistics represent thousands of individual stories. Here are recent real-world cases resolved by the EEOC that demonstrate how anti-discrimination laws are applied:

Race and National Origin Harassment: TNT Crane & Rigging, Inc. agreed to pay $525,000 to settle a lawsuit alleging that Black employees were subjected to a hostile work environment that included the frequent use of egregious racial slurs by coworkers and supervisors and the open display of racist imagery.

Disability Discrimination and Failure to Accommodate: Zoe Center for Pediatric & Adolescent Health, LLC, paid $70,000 to settle a disability discrimination and retaliation lawsuit. The EEOC charged that the employer denied an employee’s request for reasonable accommodation of leave and remote work and then retaliated against her.

Religious Discrimination: A North Carolina dental company, The Teeth Doctors, paid $61,000 to resolve a charge that it violated federal law by failing to provide a religious accommodation to an employee and instead fired her.

Sex Discrimination in Hiring: The EEOC sued Safelite Autoglass, a national vehicle glass repair company, for allegedly refusing to hire a qualified woman for an Auto Glass Technician position simply because she is a woman.

Age Discrimination: Scripps Clinic Medical Group, a large healthcare provider in San Diego, agreed to pay nearly $7 million to settle an age and disability discrimination case. The EEOC’s investigation found that the clinic had imposed a mandatory retirement age of 75 for its physicians, a practice that violates the ADEA.

Retaliation: Martinez Animal Hospital agreed to pay $20,000 to settle a retaliation charge. The EEOC found that the hospital retaliated against an employee after he objected to and requested to be excused from mandatory training that contained religious content.

These cases demonstrate that workplace discrimination continues to occur across industries and that federal enforcement agencies are actively working to protect employee rights and provide meaningful remedies for violations.

Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.