Discrimination in the workplace remains a significant issue in the US. It affects employees at different stages of employment. From hiring to pay and promotions, work assignments, discipline, and termination.
In fiscal year 2025, the U.S. Equal Employment Opportunity Commission (EEOC) received 88,201 new discrimination charges and resolved 90,743 charges.
EEOC lawsuits filed in 2025 included claims involving sex or pregnancy discrimination, disability, retaliation, religion, age, race, and national origin. Among the 94 merits lawsuits filed by the EEOC, discharge or constructive discharge was alleged in 64 cases, while harassment was alleged in 29 cases.
Employees may need assistance to understand their rights, according to a workplace discrimination lawyer. If an employee is facing such discrimination, having a legal professional can help review the facts of your situation.
Let’s take a closer look at the most common types of workplace discrimination.
The Foundation Is a Protected Characteristic
There is no prohibition against discriminatory treatment under federal or state law. Discriminatory treatment must be based on a particular protected characteristic to distinguish between discriminatory treatment and the everyday difficulties that are caused by a difficult boss or bad decisions.
The typical characteristics protected under the laws include race, sex, age, disability, religion, national origin, and pregnancy. And among other characteristics are sexual orientation and marital status.
Distinguishing between discriminatory treatment and regular grievances is important. An employer has the right to make very tough and possibly unjust decisions without considering a protected characteristic at all, and such decisions are not likely to constitute an illegal act regardless of the injustice felt.
Once the protected characteristic becomes the basis of the decision-making, everything changes legally.
Age, Disability, and Pregnancy Discrimination Each Follow Their Own Legal Framework
In the US, federal age-discrimination law generally protects workers and job applicants who are 40 years of age or older. This can be recognized in instances such as layoffs targeting older individuals or recruitment that clearly favors young candidates.
Disability discrimination is not just based on a disability but also the refusal of an employer to make reasonable accommodation. This appears to be a rejection of the employee to be able to do work.
Pregnancy discrimination is considered to be a type of sex discrimination and encompasses all situations where a person was discriminated against during her pregnancy, including but not limited to denial of a promotion, demotion, or termination because of being pregnant.
Discrimination Based on Race, National Origin, and Religion
Race and national origin discrimination may take the form of direct discrimination, disparate treatment, or exclusion from opportunities; however, it takes the form of something more subtle, workplace policies that seem neutral on their face, yet unfairly affect a certain group of employees.
Religious discrimination involves both direct discrimination on account of one’s religion and the denial of a religious accommodation, a concept that is similar in structure to disability accommodation law.
Harassment and Retaliation Are Distinct Categories, Not Just Symptoms
However, it should be noted that the issue of hostile work environment should have its own consideration since it is not just about the perception of how bad the work environment may seem.
In order for the working environment to be characterized as hostile, there must be some form of behavior linked with the protected characteristic that changes the terms of employment.
Retaliation should be considered separately from the other kinds of workplace discrimination, but it is one of the most underestimated violations in this case. When an employer punishes an employee for complaining about the discrimination, participating in the investigation of the case, or opposing it, another violation occurs regardless of whether there actually was discrimination or not.
Recent National Data Shows the Scale of the Problem
Statistics on federal enforcement provide some indication of how prevalent these problems are at the national level. For example, the Equal Employment Opportunity Commission processed 88,531 discrimination claims in fiscal year 2024, which represents a 9 percent increase from the previous year, and a significant number of those cases included harassment claims.
Deadlines Vary Significantly by State and Category
One of the more consequential details in any discrimination claim is the filing deadline, and it varies depending on the state and whether the claim proceeds at the federal or state level. Missing the applicable deadline can bar a claim entirely, regardless of how strong the underlying evidence is.
A detailed breakdown of the discrimination statute of limitations in California illustrates just how significantly these deadlines can shift over time. California extended its state filing deadline from one year to three years through legislation enacted in 2019, a change that dramatically lengthened the window compared to both the state’s prior rule and the shorter federal deadline that still applies to certain claims.
The Practical Reality
Workplace discrimination is rarely a single incident but a pattern. And recognizing this gives an understanding of which legal category that pattern actually falls into since each carries its own elements and its own path to a remedy. It may be direct discrimination, failure to accommodate, hostile environment, or retaliation.
Considering how varied the deadlines for filing can be based on state and category, receiving an exact response regarding the amount of time left to respond is crucial to determine if anything illegal has even occurred at all.
Leave a Reply