There are a variety of federal laws protecting employees and job applicants from employment discrimination. Keep in mind that these laws also apply to employment agencies and labor unions.

Ways that discrimination may occur:

  • Job advertisements and recruiting
  • Testing
  • Hiring and firing
  • Training and advancement
  • Benefits
  • Pay and leave
  • General employment conditions

If you've been discriminated against, you may be able to recover back pay, reinstatement, future pay or future pay changes, a reasonable accommodation or other relief. In addition, if you were not hired, the employer may be required to hire you.

The federal laws that protect employees against discrimination:

  • Title VII of the Civil Rights Act of 1964 (race, color, religion, sex or national origin)
  • Equal Pay Act of 1963 (prevents gender-based discrimination, requiring equal pay for males and females performing the same job)
  • Age Discrimination in Employment Act of 1967 (protects employees who are 40 years of age or older)
  • Title I and Title V of the Americans with Disabilities Act of 1990 (prohibits disability-based employment discrimination)
  • Sections 501 and 505 of the Rehabilitation Act of 1973 (prohibits disability-based employment discrimination in the federal government)
  • Civil Rights Act of 1991 (provides for money damages where intentional employment discrimination has been shown)

With the aging of the American workforce, age discrimination has become a hot topic. The Age Discrimination in Employment Act of 1967 (ADEA) protects workers over age 40 from discrimination based on their age. The ADEA applies to companies with at least 20 employees and covers both private and public employers.

What You Need to Do

If you think that you've been discriminated against, in order to file a lawsuit in federal court, you must first exhaust other means of relief before you're allowed to go ahead with a lawsuit. The Department of Labor Equal Employment Opportunity Commission (EEOC) handles discrimination complaints. What they'll do is investigate the complaint and determine whether there is enough information for them to take additional action. Often, due to their volume of cases, they can't adequately investigate every case, and they'll issue a "right to sue letter." This letter is a requirement for a federal lawsuit. Remember that there are very strict time limits in EEOC actions and you must file an action with the EEOC within 180 days, and a federal court action within 90 days of the issuance of a right to sue letter. If you don't comply with both of these time restrictions, you'll lose your rights forever.

Profiling a Legal Case

If you believe that you've been discriminated against, and have received a right-to-sue letter and thereafter filed a lawsuit in federal court, you have the burden of proving that you were treated differently than other employees or in a manner that violates the federal anti-discrimination statutes. The employer is then required to show that it acted in a non-discriminatory manner. You'll then be required to show that the employer's reasons for discrimination were pretextual or a smokescreen in order to prevail.

Questions for Your Attorney

  • Do I belong to a protected class?
  • Which statutes may protect me?
  • How can I proceed against my employer
  • Will I lose my job?
  • What remedies may I have?