Workplace Discrimination: What It Is and What to Do

Workplace discrimination based on a protected class is illegal. The types, the warning signs, how to file an EEOC charge, and your options for a claim.

Last updated June 21, 2026 By LawfareClaims.org

Workplace discrimination means being treated worse at work because of who you are rather than how you perform. Federal law makes it illegal to discriminate based on protected characteristics — in hiring, pay, promotions, assignments, discipline, or firing.

Protected characteristics

Race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 and over), disability, and genetic information. Many states and cities add more, such as marital status or military status.

What discrimination looks like

  • Being passed over for a job, promotion, or raise that went to a less-qualified person outside your group.
  • Unequal pay for the same work.
  • Being disciplined or fired under rules that aren't applied to others.
  • Denial of a reasonable accommodation for a disability or religious practice.
  • Harassment based on a protected trait.

What to do

  1. Document the decisions, dates, comparisons to coworkers, and any comments.
  2. Report it internally where appropriate.
  3. File an EEOC charge — there's a strict deadline, often 180 or 300 days from the discriminatory act.

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