What to Do If You Face Workplace Discrimination

When a Pattern Becomes Clear

You were passed over for a promotion despite stronger qualifications than the person selected. Or you received a negative performance review that never mentioned your actual output. Or you noticed that every person let go in the last round of cuts shared a demographic characteristic — one that you also share. Workplace discrimination rarely announces itself with a signed confession. It materializes in decisions, patterns, comments, and policies that, taken individually, might be explained away — but that, documented together, tell a clearer story.

The Equal Employment Opportunity Commission received 81,055 new discrimination charges in fiscal year 2023. That figure represents only a fraction of workplace discrimination incidents — research consistently suggests that the vast majority of workers who experience discrimination never formally report it, most often because they don't know what steps to take or believe reporting will harm their career more than staying silent. Both concerns are addressable. The steps below reflect what the legal process actually requires and what employees consistently find effective.

The Federal Laws That Protect You

Multiple federal statutes prohibit workplace discrimination, each covering different protected characteristics and employer sizes:

State laws often provide broader protections — covering smaller employers, adding protected characteristics such as sexual orientation and gender identity (which are also covered federally under Bostock v. Clayton County, 2020), and extending filing deadlines beyond federal minimums.

Step 1: Document Everything — Starting Now

Documentation is the foundation of every successful discrimination claim. Begin immediately, even if you are uncertain whether what you are experiencing rises to the level of illegal discrimination. What to document:

• Dates, times, locations, and exact words of discriminatory comments or incidents
• Names of all witnesses present at each incident
• Any decisions — promotions denied, disciplinary actions, schedule changes, pay decisions — that affected you, including the names of decision-makers and the stated rationale
• Any communications (emails, Slack, text messages) that are relevant — save or screenshot these to a personal device immediately, as employers can and do delete records
• Your own performance record: reviews, compliments, awards, metrics — to establish a baseline inconsistent with any negative actions taken

Keep your documentation in a personal, off-work account or physical location — not on company systems where it can be accessed or deleted. Maintain it contemporaneously; notes written the day of an incident carry more evidentiary weight than a narrative written months later.

Step 2: Use Internal Reporting Channels — With Care

Before filing an external complaint, consider whether internal reporting serves your interests. Most employers have HR departments and anti-discrimination policies requiring investigation of complaints. Filing internally creates a record of your complaint and puts the employer on notice — which triggers stronger retaliation protections. Under Burlington Northern & Santa Fe Railway Co. v. White (2006), an employer who takes materially adverse action against an employee after they file a complaint — even informal — violates Title VII's anti-retaliation provisions.

The downside of internal reporting is that HR works for the employer, not for you. Internal investigations are not neutral processes. File internally if your employer has a credible compliance function, if you want to preserve the employment relationship, or if your situation requires immediate intervention. But do not assume an internal investigation will result in justice — and do not withdraw from pursuing external remedies based on an employer's assurance that the matter is "being handled."

Step 3: File an EEOC Charge

To pursue a federal discrimination claim in court under Title VII, the ADEA, or the ADA, you must first file a charge with the Equal Employment Opportunity Commission. This is mandatory — you cannot skip this step. Critical timing rules apply:

• In states with a state anti-discrimination agency (called a "deferral state" — nearly all states qualify), you have 300 days from the discriminatory act to file an EEOC charge
• In non-deferral states, the deadline is 180 days
• Missing the deadline permanently bars your federal claim — there is no extension for most circumstances

Filing is free and can be done online at publicportal.eeoc.gov, in person at an EEOC field office, or by mail. The EEOC will notify the employer and conduct its own investigation. If the EEOC cannot resolve the charge through mediation or finds no violation, it issues a "right to sue" letter — which opens the federal courthouse door for your private lawsuit.

Timeline and Process Overview

When to Consult an Employment Attorney

An employment attorney should be consulted before you file your EEOC charge — not after. The way a charge is framed, the incidents selected, and the legal theories advanced at the charge stage affect the claims available in later litigation. Many employment lawyers handle discrimination cases on contingency (paid only if you win a settlement or judgment) for strong cases, making consultation accessible even when funds are limited. Initial consultations are typically free. Given the 300-day clock, delay carries real legal risk.

This article is for informational purposes only and does not constitute legal advice.