The U.S. Equal Employment Opportunity Commission (EEOC) received 88,531 new charges of employment discrimination in FY 2024 — a 9% increase over FY 2023 and a record high in recent years. In that same year, the EEOC secured more than $700 million for workers through administrative and litigation processes. If you have been discriminated against, harassed, or retaliated against at work, federal and state laws provide powerful protections.
What Laws Protect Workers From Discrimination?
Several federal laws prohibit workplace discrimination:
- Title VII of the Civil Rights Act (1964) — Prohibits discrimination based on race, color, religion, sex, and national origin
- Age Discrimination in Employment Act (ADEA) — Protects workers 40 and older
- Americans with Disabilities Act (ADA) — Prohibits discrimination against qualified individuals with disabilities
- Pregnancy Discrimination Act (PDA) — Protects against pregnancy-related discrimination
- Equal Pay Act (EPA) — Requires equal pay for equal work regardless of sex
- Title II of the Genetic Information Nondiscrimination Act (GINA) — Prohibits discrimination based on genetic information
Employers with 15 or more employees are covered by most EEOC laws. Age discrimination protections apply to employers with 20 or more employees.
Most Common Types of Workplace Discrimination
The top charge categories in the EEOC's FY 2024 data:
| Basis | Percentage of Charges |
|---|---|
| Retaliation | 55.4% |
| Disability | 37.2% |
| Race | 32.7% |
| Sex | 28.6% |
| Age | 20.4% |
| National Origin | 9.8% |
How to File an EEOC Charge
Step 1: Determine the Deadline You must file a charge with the EEOC within 180 days of the discriminatory act — or 300 days if a state or local anti-discrimination law also applies (which covers most workers). Missing this deadline permanently waives your right to sue under federal law.
Step 2: Submit Your Charge File online at publicportal.eeoc.gov, in person at any EEOC field office, or by mail. You will need to describe the discriminatory acts, the dates they occurred, and who was involved.
Step 3: EEOC Investigation The EEOC notifies the employer, which typically has 30 days to respond. The EEOC may request documents, conduct interviews, and visit the worksite. Investigations typically take 6 months to 2 years.
Step 4: Mediation (Optional) The EEOC offers free mediation to resolve disputes. Mediation is voluntary but resolves approximately 70% of cases that enter the program.
Step 5: Resolution or Right-to-Sue Notice If the EEOC finds reasonable cause, it attempts conciliation. If the case is not resolved, or if you want to move faster, you can request a Right to Sue letter and file a federal lawsuit within 90 days.
Damages Available in Discrimination Cases
| Damage Type | Description |
|---|---|
| Back pay | Lost wages from termination to judgment |
| Front pay | Future lost earnings if reinstatement is not feasible |
| Compensatory damages | Emotional distress, humiliation, loss of enjoyment |
| Punitive damages | For especially egregious employer conduct |
| Attorney fees | Recoverable if you prevail |
Compensatory and punitive damages are capped based on employer size, ranging from $50,000 (15–100 employees) to $300,000 (over 500 employees).
Retaliation: A Separate Protected Right
Retaliation is the most frequently charged violation — appearing in over 55% of all EEOC charges. It is illegal for an employer to fire, demote, harass, or take any other adverse action against an employee for:
- Filing an EEOC charge or participating in an investigation
- Complaining about discrimination to a supervisor or HR
- Requesting a reasonable accommodation
Find a verified employment attorney to evaluate your case.
Frequently Asked Questions
Q: Can I file an EEOC complaint if I am still employed? A: Absolutely. You do not need to be fired to file a complaint. Harassment, demotion, pay cuts, denied promotions, and hostile work environments all qualify.
Q: What is the difference between discrimination and harassment? A: Discrimination involves adverse employment actions (termination, demotion, unequal pay) based on a protected characteristic. Harassment is a form of discrimination involving unwelcome conduct that creates a hostile work environment or results in adverse employment decisions.
Q: How much does an employment discrimination attorney cost? A: Most employment attorneys work on a contingency fee, meaning you pay nothing upfront. Under federal law, if you win, the court can order the employer to pay your attorney fees.
Q: What evidence should I preserve? A: Keep copies of all relevant emails, texts, performance reviews, offer letters, pay stubs, and write-ups. Document discriminatory incidents with dates, times, witnesses, and exact words used. Keep this evidence at home or in a personal account, not on your work computer.
Q: Can I sue my employer even after signing a severance agreement? A: It depends on the language of the release. Most severance agreements include a waiver of EEOC and discrimination claims. However, certain rights (like challenging the validity of the waiver itself or ADEA claims) require specific disclosures and consideration periods. Consult an attorney before signing.
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