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Employment

What is Employment Discrimination?

Unfair treatment of employees or job applicants based on protected characteristics such as race, gender, age, disability, religion, or national origin.

Understanding Employment Discrimination

Federal laws (Title VII, ADA, ADEA) and state laws prohibit workplace discrimination in hiring, firing, promotions, pay, and working conditions. Discrimination can be direct (intentional) or indirect (disparate impact). Claims are often filed with the EEOC before court.

Examples

  • 1Refusing to hire qualified candidates based on race
  • 2Pay disparity between men and women for same work
  • 3Denying reasonable accommodations for disability

Why This Matters in Legal Cases

Employment discrimination affects hiring, firing, promotions, pay, job assignments, and working conditions. Federal and state laws protect employees based on race, color, national origin, sex, religion, age (40+), disability, genetic information, and in many states, sexual orientation and gender identity. Discrimination can be overt or subtle, and understanding both disparate treatment (intentional) and disparate impact (facially neutral policies that disproportionately affect protected groups) is essential.

Explaining to Clients

Encourage clients to keep detailed records of discriminatory incidents: dates, times, what was said or done, who witnessed it, and how it affected their work. Explain that discrimination cases often rely on patterns of behavior rather than a single incident. Help clients understand the administrative process—filing with the EEOC or state agency first—and the strict deadlines involved.

Frequently Asked Questions

What is the difference between disparate treatment and disparate impact?

Disparate treatment is intentional discrimination—treating someone differently because of a protected characteristic (for example, not promoting women). Disparate impact involves policies that appear neutral but disproportionately affect a protected group (for example, a physical strength test that excludes most women and is not job-related). Both are illegal, but they require different types of proof.

What protected characteristics are covered by anti-discrimination laws?

Federal laws protect race, color, national origin, sex (including pregnancy and gender identity), religion, age (40 and older), disability, and genetic information. Many state and local laws add additional protections for sexual orientation, gender identity, marital status, political affiliation, and other characteristics. The specific protections depend on your jurisdiction.

Can I sue for discrimination if I was not fired?

Absolutely. Discrimination claims are not limited to termination. You can file a claim for discriminatory hiring, failure to promote, unequal pay, hostile work environment, denial of reasonable accommodations, or any other adverse employment action based on a protected characteristic. You can also sue if conditions became so intolerable that you were forced to resign (constructive discharge).

Sources

Related Terms

Wrongful Termination

Illegal firing of an employee in violation of federal or state laws, employment contracts, or public policy.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects employment or creates a hostile work environment.

FMLA Leave

Job-protected unpaid leave guaranteed by the Family and Medical Leave Act for qualifying family and medical reasons, including childbirth, serious health conditions, or caring for a family member.

Wage Theft

The illegal practice of not paying workers for all their work, including violations like not paying minimum wage, denying overtime, or stealing tips.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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