Employee Rights

Workplace Discrimination & Employee Rights

Understanding Your Civil Rights Protections

We are NOT: Lawyers, legal advisors, employment counselors, advocates, or representatives.

We ARE: Compilators of publicly available legal information from official government websites (.gov sources), presenting employee-focused civil rights protections as published by federal and state agencies.

What is Employment Discrimination USA?

Table of Contents

Click any item below to jump to the relevant section

Understanding Your Rights: Federal Workplace Discrimination Protections

Federal law provides comprehensive civil rights protections for employees against workplace discrimination. These protections apply to most employers and cover multiple aspects of the employment relationship.

Who Is Protected

Federal employment discrimination laws protect:

  • Job applicants during the hiring process
  • Current employees in all aspects of employment
  • Former employees (for references and retaliation)
  • Workers age 40 and older (age discrimination)
  • Individuals with disabilities (reasonable accommodation rights)
  • Pregnant workers (pregnancy-related accommodations)

What Employment Actions Are Covered

Federal law prohibits discrimination in:

  • Recruitment and hiring decisions
  • Job assignments and classifications
  • Compensation and benefits
  • Promotions and advancement opportunities
  • Training and development programs
  • Disciplinary actions and performance evaluations
  • Layoffs and termination decisions
  • Retirement and pension benefits
  • References and post-employment actions

Source: U.S. Equal Employment Opportunity Commission – Prohibited Employment Policies/Practices

Title VII of the Civil Rights Act of 1964: Foundation of Employee Rights

Title VII is the primary federal law prohibiting employment discrimination. Understanding your rights under Title VII is essential for recognizing and addressing workplace discrimination.

Protected Characteristics Under Title VII

Title VII prohibits employment discrimination based on:

Race – Discrimination based on race, including color, skin tone, or racial characteristics. This includes discrimination based on association with a person of a particular race.

Color – Discrimination based on skin color or complexion, even among individuals of the same race.

Religion – Discrimination based on religious beliefs, practices, or observance. Employers must provide reasonable accommodation for sincerely held religious beliefs unless it creates undue hardship.

Sex – Discrimination based on sex, which federal courts and the EEOC have interpreted to include:

  • Pregnancy, childbirth, and related medical conditions
  • Sexual orientation
  • Gender identity and transgender status
  • Sexual harassment

National Origin – Discrimination based on birthplace, ancestry, culture, linguistic characteristics, or accent. This includes discrimination based on association with individuals of a particular national origin.

Source: EEOC.gov – Title VII of the Civil Rights Act of 1964

What Title VII Covers

Title VII applies to employers with 15 or more employees, including:

  • Private employers
  • State and local governments
  • Educational institutions
  • Employment agencies
  • Labor unions
  • Federal government (through separate provisions)

Types of Discrimination Prohibited

Disparate Treatment – Intentional discrimination where an employee or applicant is treated differently because of a protected characteristic. Example: Refusing to hire qualified applicants of a certain race or gender.

Disparate Impact – Employment policies or practices that appear neutral but have a disproportionate negative effect on a protected group and are not job-related or justified by business necessity.

Note: As of April 2025, President Trump issued Executive Order 14281 directing the Attorney General and EEOC Chair to assess enforcement actions based on disparate-impact liability. In December 2025, the Department of Justice issued new rules requiring proof of explicit intent for discrimination claims, ending reliance on statistical disparities alone.

Source: U.S. Department of Justice Civil Rights Division

Harassment – Unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create a hostile work environment or results in an adverse employment decision.

Retaliation – Adverse action taken against an employee for:

  • Filing a discrimination charge
  • Participating in a discrimination investigation
  • Opposing discriminatory practices
  • Requesting reasonable accommodation

Retaliation Protections

It is illegal for employers to retaliate against employees who:

  • File a charge of discrimination with the EEOC
  • Participate as a witness in EEOC investigations or lawsuits
  • Communicate with supervisors about discrimination or harassment
  • Answer questions during employer investigations
  • Refuse to follow orders that would result in discrimination
  • Resist sexual advances or protect others from discrimination

Retaliation can include:

  • Termination or demotion
  • Salary reduction or denial of promotion
  • Undesirable job reassignments
  • Negative performance evaluations
  • Increased scrutiny or discipline
  • Exclusion from meetings or opportunities

Source: EEOC.gov – Retaliation Protections

How to File an EEOC Discrimination Charge: Step-by-Step Process

If you believe you have experienced workplace discrimination, understanding the EEOC complaint process is critical to protecting your rights.

Critical Deadlines

180-Day Deadline: In states without a Fair Employment Practices Agency (FEPA), you must file an EEOC charge within 180 calendar days from the date of discrimination.

300-Day Deadline: In states with a FEPA that enforces state employment discrimination laws, the deadline extends to 300 calendar days.

Age Discrimination: The 300-day deadline for age discrimination applies only if a state law prohibits age discrimination and a state agency enforces it. Local-only age discrimination laws do not extend the deadline.

Important: These deadlines are strict. Missing the deadline typically means you cannot file a charge with the EEOC.

Source: EEOC.gov – How to File a Charge of Employment Discrimination

Step 1: Contact the EEOC

You can initiate the EEOC complaint process through multiple methods:

EEOC Public Portal (Recommended)

  • Visit the EEOC Public Portal online
  • Submit an online inquiry describing your situation
  • The portal helps determine if EEOC is the right agency for your complaint
  • Available 24/7 for convenience

Field Office Visit

  • Locate your nearest EEOC field office at www.eeoc.gov/field-office
  • Schedule an appointment online through the Public Portal
  • Walk-in appointments are also available
  • Bring relevant documentation to your appointment

Written Letter If you cannot access the Public Portal, you may mail a letter including:

  • Your name, address, email, and telephone number
  • Employer’s name, address, and telephone number
  • Number of employees (if known)
  • Description of discriminatory events
  • Dates of alleged discrimination
  • Why you believe the treatment was discriminatory (protected characteristic)

Source: EEOC.gov – Filing a Charge of Discrimination

Step 2: EEOC Intake Interview

After submitting an inquiry, EEOC staff will:

  • Contact you to schedule an interview (phone or in-person)
  • Ask detailed questions about your situation
  • Help you understand whether your situation falls under EEOC jurisdiction
  • Explain the charge filing process and your rights
  • Determine if filing a charge is the appropriate path

Documentation Typically Relevant to EEOC Interviews:

According to EEOC guidance, the following types of documentation may be relevant to discrimination complaints:

  • Termination letters or disciplinary notices
  • Performance evaluations
  • Email correspondence related to the alleged discrimination
  • Witness names and contact information
  • Medical documentation (for disability or pregnancy discrimination cases)
  • Written company policies relevant to the complaint

Source: EEOC.gov – Federal Laws Prohibiting Job Discrimination

Step 3: Filing a Formal Charge

If you decide to proceed, the EEOC will help you complete a formal Charge of Discrimination. The charge must include:

  • Statement asserting employment discrimination occurred
  • Identification of the employer, employment agency, or union
  • Description of the discriminatory acts
  • Protected characteristic(s) involved (race, sex, disability, etc.)
  • Your signature

Dual Filing: If you file with a state or local Fair Employment Practices Agency (FEPA), your charge will automatically be filed with the EEOC as well, protecting your rights under both federal and state law.

Source: EEOC.gov – Filing a Charge

Step 4: Employer Notification

Within 10 days of filing, the EEOC will:

  • Notify your employer that a charge has been filed
  • Provide the employer with information about the charge
  • Explain the employer’s responsibilities in the process

Retaliation Protection: It is illegal for your employer to retaliate against you for filing an EEOC charge.

Step 5: EEOC Investigation or Mediation

Mediation Option: The EEOC may offer voluntary mediation, where a neutral mediator helps you and your employer reach a resolution. Mediation is:

  • Free and confidential
  • Voluntary for both parties
  • Typically completed within 90 days
  • An alternative to investigation

Investigation: If mediation is not chosen or is unsuccessful, the EEOC will:

  • Conduct a neutral investigation
  • Request information from both you and your employer
  • Interview witnesses
  • Review relevant documents
  • Determine whether there is reasonable cause to believe discrimination occurred

Investigation timelines vary based on case complexity and evidence volume.

Source: EEOC.gov – What to Expect After Filing

Step 6: EEOC Determination

Reasonable Cause Finding: If the EEOC finds reasonable cause to believe discrimination occurred, it will:

  • Attempt conciliation (settlement negotiations) with your employer
  • Try to reach a voluntary resolution
  • Provide appropriate relief if settlement is reached

No Reasonable Cause Finding: If the EEOC does not find reasonable cause, or if conciliation fails, you will receive a “Notice of Right to Sue” allowing you to file a lawsuit in federal court.

Source: U.S. Equal Employment Opportunity Commission

Step 7: Your Options After EEOC Action

If EEOC Files Suit: The EEOC may file a lawsuit on behalf of multiple employees (class action) if it finds systemic discrimination. You would be represented by EEOC attorneys.

Notice of Right to Sue: You may receive this notice if:

  • EEOC completes its investigation and decides not to file suit
  • 180 days have passed since filing your charge
  • You request it (after 180 days)

After receiving a Notice of Right to Sue, you have 90 days to file a lawsuit in federal court.

Source: EEOC.gov – Charge Filing Process

State and Local Complaint Options

Many states have Fair Employment Practices Agencies (FEPAs) that enforce state employment discrimination laws. State laws may provide:

  • Coverage for smaller employers (some states cover employers with 1+ employees)
  • Additional protected characteristics (marital status, political affiliation, etc.)
  • Longer filing deadlines
  • Different remedies and damage caps

You can file with both EEOC and your state agency, and many states have worksharing agreements to avoid duplication.

Source: State Fair Employment Practices Agencies

Americans with Disabilities Act (ADA): Employee Rights

The ADA prohibits employment discrimination against qualified individuals with disabilities and requires employers to provide reasonable accommodations.

Who Is Protected

You have a disability under the ADA if you have:

  • A physical or mental impairment that substantially limits one or more major life activities, such as:
    • Walking, seeing, hearing, speaking
    • Breathing, learning, reading
    • Concentrating, thinking, communicating
    • Major bodily functions (circulatory, neurological, digestive, immune systems)
  • A record of such an impairment (history of disability, even if currently not substantially limiting)
  • Are regarded as having such an impairment (employer treats you as disabled, regardless of actual impairment)

Source: EEOC.gov – The ADA: Your Employment Rights as an Individual With a Disability

Covered Employers

The ADA applies to:

  • Private employers with 15 or more employees
  • State and local governments (regardless of size)
  • Employment agencies
  • Labor unions

Note: Federal employers are covered under Section 501 of the Rehabilitation Act, not the ADA.

Source: ADA.gov – Introduction to the Americans with Disabilities Act

Reasonable Accommodation Rights

What Is Reasonable Accommodation?

Reasonable accommodation is any modification or adjustment to:

  • The job application process (to enable you to apply)
  • The work environment (to enable you to perform essential job functions)
  • Benefits and privileges of employment (equal access for employees with disabilities)

Examples of Reasonable Accommodations:

  • Modified work schedules or flexible schedules
  • Job restructuring (removing marginal, non-essential functions)
  • Reassignment to a vacant position
  • Acquiring or modifying equipment or devices
  • Adjusting training materials or policies
  • Providing qualified readers or interpreters
  • Making the workplace physically accessible
  • Reserved parking spaces
  • Allowing service animals in the workplace
  • Providing unpaid leave for treatment or recovery

Source: Job Accommodation Network (JAN) – ADA Resources

The Interactive Process

When you request an accommodation:

1. Request: You (the employee) request an accommodation

  • Can be verbal or written
  • Should explain the limitation caused by your disability
  • You don’t need to mention the ADA or use the term “accommodation”

2. Employer Engagement: The employer must engage in an “interactive process”

  • Both parties discuss the disability-related limitation
  • Identify potential accommodations
  • Assess effectiveness of accommodations

3. Documentation: The employer may request medical documentation

  • Only to verify the disability and need for accommodation
  • Must be kept confidential (separate from personnel files)
  • Cannot ask for complete medical records

4. Implementation: The employer selects and implements an effective accommodation

  • Must be effective in enabling you to perform essential functions
  • Employer chooses among effective options (not necessarily your preferred option)
  • Must be provided unless it causes undue hardship

Source: EEOC.gov – Reasonable Accommodation and Undue Hardship

Undue Hardship Exception

Employers are not required to provide accommodations that would cause undue hardship, meaning:

  • Significant difficulty or expense relative to:
    • Employer’s size and resources
    • Nature of the business
    • Cost of the accommodation

Undue hardship is determined case-by-case. Employers must prove undue hardship exists.

Source: EEOC.gov – Employers’ Practical Guide to Reasonable Accommodation

Medical Examinations and Inquiries

Before Job Offer:

  • Employers cannot ask if you have a disability
  • Employers cannot require medical examinations
  • Employers can ask if you can perform job functions with or without accommodation

After Conditional Job Offer:

  • Employers may require medical examination if required for all entering employees in same job category
  • Job offer can be withdrawn only if you cannot perform essential functions with reasonable accommodation

During Employment:

  • Medical examinations must be job-related and consistent with business necessity
  • Required only if employer has reasonable belief employee cannot perform essential functions or poses a direct threat

Source: EEOC.gov – ADA Medical Examinations and Inquiries

Direct Threat Defense

Employers may exclude individuals who pose a direct threat, meaning:

  • Significant risk of substantial harm to self or others
  • Cannot be eliminated or reduced by reasonable accommodation
  • Based on objective medical evidence, not stereotypes

Source: ADA National Network – Employment and ADA Basics

ADA Complaint Process

File with EEOC: ADA employment discrimination charges follow the same process as Title VII charges:

  • 180/300-day deadline applies
  • File through EEOC Public Portal or field office
  • Same investigation and resolution process

Source: EEOC.gov – Filing a Charge of Discrimination

Age Discrimination in Employment Act (ADEA): Protecting Older Workers

The ADEA protects employees and job applicants age 40 and older from age-based employment discrimination.

Who Is Protected

Age 40 and Older: The ADEA protects individuals who are 40 years of age or older.

Note: The ADEA does not protect workers under age 40 from age discrimination, although some state laws provide such protection.

Source: EEOC.gov – Age Discrimination

Covered Employers

The ADEA applies to:

  • Private employers with 20 or more employees
  • State and local governments (regardless of size)
  • Employment agencies
  • Labor unions

Source: EEOC.gov – Fact Sheet: Age Discrimination

Prohibited Practices

Hiring Discrimination: Refusing to hire qualified older applicants based on age

Firing and Layoffs: Terminating or selecting older workers for layoffs based on age

Promotions and Training: Denying older workers advancement or professional development opportunities

Compensation: Reducing pay or benefits based on age (with limited exceptions for cost-based benefit reductions)

Job Advertisements: Including age preferences, limitations, or specifications in job postings (except rare BFOQ situations)

Mandatory Retirement: Forcing employees to retire at a specific age (with limited executive exception)

Source: Department of Labor – Age Discrimination

Proving Age Discrimination

To establish an age discrimination claim, you must generally show:

  1. You are 40 or older
  2. You were qualified for the position
  3. You suffered an adverse employment action (termination, demotion, etc.)
  4. Age was the “but-for” cause of the adverse action (not just a motivating factor)

Note: ADEA has a stricter standard than Title VII. Age must be the actual reason for the action, not simply one factor among others.

Source: Cornell Law – Age Discrimination in Employment Act (ADEA)

Benefits and the Older Workers Benefit Protection Act (OWBPA)

General Rule: Employers cannot provide lesser benefits to older workers based solely on age.

Cost-Based Exception: Employers may reduce certain benefits for older workers only if:

  • The cost of providing reduced benefits to older workers equals the cost of providing benefits to younger workers
  • Known as the “equal cost” defense

Waivers and Releases: If asked to sign a waiver of ADEA rights (common in severance agreements):

The waiver must be:

  • Written in clear, understandable language
  • Specifically reference ADEA rights
  • Not waive rights to future claims
  • Provided in exchange for valuable consideration (beyond what you’re already entitled to)
  • Advise you in writing to consult an attorney

You must be given:

  • At least 21 days to consider the agreement (individual terminations)
  • At least 45 days to consider (group terminations/layoffs)
  • At least 7 days after signing to revoke the agreement

Source: EEOC.gov – Fact Sheet: Age Discrimination

ADEA Complaint Process

File with EEOC: ADEA charges follow the EEOC charge filing process:

  • 180/300-day deadline applies (300 days only if state law and state agency prohibit age discrimination)
  • File through EEOC Public Portal or field office
  • Investigation and resolution process

Source: EEOC.gov – How to File a Charge

Equal Pay Act (EPA): Pay Equity Rights

The Equal Pay Act requires equal pay for equal work regardless of sex.

What the EPA Prohibits

Employers cannot pay different wages to men and women who perform:

  • Equal work on jobs requiring:
    • Equal skill
    • Equal effort
    • Equal responsibility
    • Performed under similar working conditions
    • In the same establishment

Note: Jobs need not be identical, but must be substantially equal in skill, effort, and responsibility.

Covered Employers

The EPA applies to virtually all employers (no minimum employee threshold).

Exceptions (Affirmative Defenses)

Pay differences are legal if based on:

  1. Seniority system
  2. Merit system
  3. System measuring earnings by quantity or quality of production
  4. Any factor other than sex (must be job-related)

Source: EEOC.gov – Equal Pay Act

EPA Complaint Process

Unlike other EEOC laws, you do NOT need to file an EEOC charge before filing an EPA lawsuit.

However, you may file an EEOC charge, and the EEOC can investigate equal pay violations.

Statute of Limitations: 2 years for EPA violations (3 years for willful violations)

Source: U.S. Equal Employment Opportunity Commission

Genetic Information Nondiscrimination Act (GINA): Privacy Protections

GINA prohibits employment discrimination based on genetic information.

What Is Genetic Information

Genetic information includes:

  • Your genetic tests
  • Genetic tests of your family members
  • Family medical history
  • Requests for or receipt of genetic services
  • Genetic information about a fetus or embryo

Source: EEOC.gov – Genetic Information Discrimination

GINA Prohibitions

Employers cannot:

  • Discriminate in hiring, firing, compensation, or terms of employment based on genetic information
  • Request, require, or purchase genetic information
  • Disclose genetic information

Limited Exceptions: Inadvertent acquisition, health or genetic services, FMLA compliance, law enforcement purposes, etc.

Covered Employers

GINA applies to employers with 15 or more employees.

GINA Complaint Process

File EEOC charge following standard procedures:

  • 180/300-day deadline
  • EEOC Public Portal or field office

Source: EEOC.gov – GINA Protections

Pregnancy Workers Fairness Act (PWFA): Accommodation Rights

Enacted in 2023, the PWFA requires reasonable accommodations for pregnancy, childbirth, and related medical conditions.

Who Is Protected

The PWFA protects employees and applicants with known limitations related to:

  • Pregnancy
  • Childbirth
  • Related medical conditions (including lactation, miscarriage, abortion, fertility treatments)

Covered Employers

The PWFA applies to employers with 15 or more employees.

Reasonable Accommodations Under PWFA

Examples of reasonable accommodations:

  • Temporary light duty or modified tasks
  • Ability to sit or take more frequent breaks
  • Time off for medical appointments or recovery
  • Temporary reassignment
  • Closer parking
  • Lactation accommodations (private space, break time)

Source: U.S. Department of Justice – Laws We Enforce

PWFA Interactive Process

Like the ADA, employers must engage in an interactive process to identify effective accommodations unless providing accommodation would cause undue hardship.

Source: EEOC.gov – Pregnant Workers Fairness Act

PWFA Complaint Process

File EEOC charge:

  • 180/300-day deadline
  • Same process as other discrimination charges

Source: U.S. Equal Employment Opportunity Commission

Government Guidance on Protecting Employee Rights

Official government sources provide the following information about steps employees may take when experiencing workplace discrimination:

Documentation Practices

According to EEOC guidance, employees who document discrimination typically maintain:

  • Detailed records of discriminatory incidents including dates, times, witnesses, and specific events
  • Copies of emails, texts, performance evaluations, and relevant documents
  • Records stored outside the workplace (not solely on work computers or premises)
  • Information about witnesses to discriminatory conduct

Source: EEOC.gov – Employee Rights Resources

Internal Reporting

Government sources note that many employers have internal discrimination reporting procedures:

  • Employee handbooks typically outline reporting channels
  • Employees may report discrimination to HR or management
  • Written reports create documentation of the complaint
  • Internal reporting is generally not required before filing an EEOC charge, though some employees choose this option

Source: EEOC guidance on internal complaint procedures

Filing Deadlines

Federal and state laws establish strict filing deadlines:

  • Federal EEOC: 180 calendar days (non-FEPA states) or 300 calendar days (FEPA states)
  • State agencies: Deadlines range from 180 days to 3 years depending on jurisdiction
  • Missing these deadlines typically results in loss of the right to file

Source: EEOC Filing Deadlines, State Civil Rights Statutes

Retaliation Protections

Federal law prohibits retaliation against employees who:

  • File discrimination charges or complaints
  • Participate in discrimination investigations or proceedings
  • Oppose practices they reasonably believe to be discriminatory

Retaliation is a separate violation that can be proven even if the underlying discrimination claim is not successful.

Source: EEOC.gov – Retaliation Protections

Available Resources

Government and non-profit resources available to employees include:

  • EEOC offices (provide free consultations and information)
  • State civil rights agencies
  • Legal aid organizations (for those who qualify financially)
  • Employment attorneys (many offer free initial consultations)

Source: EEOC.gov, State Civil Rights Agencies

Legal Agreements and Waivers

Under federal law, certain requirements apply to waivers of discrimination claims:

  • ADEA waivers must meet specific statutory requirements (knowing and voluntary)
  • Employees signing releases should understand what rights are being waived
  • Waivers must be written in plain language and provide specific time periods for review

Source: EEOC.gov – Older Workers Benefit Protection Act

State Civil Rights Laws: Alabama through Montana

Alabama

State Employment Discrimination Law: Alabama does not have a comprehensive state civil rights act covering employment discrimination. Alabama relies primarily on federal anti-discrimination laws (Title VII, ADA, ADEA).

State Age Discrimination Law: Alabama Age Discrimination in Employment Act

Coverage:

  • Employers with 20 or more employees
  • Protects workers age 40 and older
  • Similar to federal ADEA

Key Difference from Federal Law: Employees may file a lawsuit directly in state court within 180 days without first filing an EEOC charge, OR file through EEOC and then file lawsuit within 90 days of EEOC dismissal.

State Equal Pay Law: Alabama Equal Pay Act (enacted 2019)

  • Prohibits wage disparity based on sex AND race
  • Covers equal work requiring equal skill, effort, education, experience, and responsibility
  • Statute of limitations: 2 years (no liquidated damages provision)

Protected Classes (Federal Law Applies):

  • Race, color, religion, sex (including pregnancy, sexual orientation, gender identity), national origin
  • Age (40+)
  • Disability
  • Genetic information

State Agency: Alabama does not have a state civil rights agency for employment discrimination. Claims must be filed with the EEOC.

EEOC Office for Alabama:

  • Birmingham District Office
  • 63 South Royal Street, Suite 100
  • Mobile, AL 36602
  • Phone: 1-800-669-4000

Filing Deadlines:

  • EEOC: 180 days from discriminatory act
  • Alabama Age Discrimination: 180 days for state court lawsuit OR EEOC process

Sources: Alabama Department of Labor, Alabama State Bar, FindLaw Alabama Civil Rights Laws

Alaska

State Employment Discrimination Law: Alaska Human Rights Law (AS 18.80)

Coverage:

  • Employers with one or more employees
  • One of the most expansive coverage requirements in the nation

Protected Classes:

  • Race, religion, color, national origin, age, physical or mental disability, sex, marital status, changes in marital status, pregnancy, parenthood
  • Additional protections: Political affiliation, whistleblower retaliation

State Agency: Alaska State Commission for Human Rights

Contact Information:

  • 800 A Street, Suite 204
  • Anchorage, AK 99501-3669
  • Phone: (907) 274-4692
  • Toll-free: 1-800-478-4692
  • Website: humanrights.alaska.gov

Filing Deadlines:

  • Alaska Commission: 300 days from discriminatory act
  • EEOC: 300 days (dual filing state)

Remedies Available:

  • Back pay and front pay
  • Compensatory damages (emotional distress, pain and suffering)
  • Punitive damages (capped at $50,000 or actual damages, whichever is greater)
  • Attorney fees
  • Injunctive relief

Sources: Alaska State Commission for Human Rights, Alaska Statutes AS 18.80

Arizona

State Employment Discrimination Law: Arizona Civil Rights Act (A.R.S. § 41-1461 et seq.)

Coverage:

  • Employers with 15 or more employees (general discrimination)
  • All employers (sexual harassment prohibitions)

Protected Classes:

  • Race, color, religion, sex, age (40+), disability, national origin
  • Genetic testing results

State Agency: Arizona Attorney General’s Office – Civil Rights Division

Contact Information:

  • 2005 North Central Avenue
  • Phoenix, AZ 85004
  • Phone: (602) 542-5263
  • TTY: (602) 542-5002

Filing Deadlines:

  • Arizona AG: 180 days from discriminatory act
  • EEOC: 300 days (worksharing agreement)

Remedies Available:

  • Injunctions prohibiting unlawful practices
  • Reinstatement or hiring orders
  • Back pay
  • Reasonable attorney fees

Sources: Arizona Attorney General Civil Rights Division, Arizona Revised Statutes

Arkansas

State Employment Discrimination Law: Arkansas Civil Rights Act (Ark. Code Ann. § 16-123-101 et seq.)

Coverage:

  • Employers with 9 or more employees

Protected Classes:

  • Race, religion, ancestry, national origin, gender, disability (Arkansas Civil Rights Act)
  • Age 40+ (separate statute)

State Agency: Arkansas does not have a state enforcement agency. Employees may pursue civil lawsuits directly.

EEOC Office for Arkansas:

  • Little Rock Area Office
  • 425 West Capitol Avenue, Suite 625
  • Little Rock, AR 72201
  • Phone: 1-800-669-4000

Filing Deadlines:

  • EEOC: 300 days (worksharing agreement with state court system)
  • Direct lawsuit option available under state law

Sources: Arkansas Code Annotated, Justia State Employment Surveys

California

State Employment Discrimination Law: California Fair Employment and Housing Act (FEHA) – Government Code §12900 et seq.

Coverage:

  • Employers with 5 or more employees (most protections)
  • All employers (harassment prohibitions)

Protected Classes (Most Comprehensive in Nation):

  • Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition (cancer/genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding), gender, gender identity, gender expression, age (40+), sexual orientation, military and veteran status
  • Additional: Citizenship status, primary language, immigration status, status as victim of domestic violence/assault/stalking, political affiliation

State Agency: California Civil Rights Department (CRD) (formerly DFEH)

Contact Information:

  • 2218 Kausen Drive, Suite 100
  • Elk Grove, CA 95758
  • Phone: (800) 884-1684
  • TTY: (800) 700-2320
  • Website: calcivilrights.ca.gov

Filing Deadlines:

  • CRD: 3 years from discriminatory act (expanded from 1 year in 2020)
  • EEOC: 300 days

Additional California Protections:

  • California Family Rights Act (CFRA) – 5+ employees, job-protected leave
  • Pregnancy Disability Leave (PDL)
  • Lactation accommodation requirements (all employers)

Remedies Available:

  • Hiring, reinstatement, promotion
  • Back pay
  • Compensatory damages (no cap on emotional distress)
  • Punitive damages (available)
  • Attorney fees and costs

Sources: California Civil Rights Department, California Government Code §12900

Colorado

State Employment Discrimination Law: Colorado Anti-Discrimination Act (CADA) – C.R.S. § 24-34-401 et seq.

Coverage:

  • Employers with one or more employees

Protected Classes:

  • Disability, race, creed, color, sex (including pregnancy and conditions related to pregnancy or childbirth), sexual orientation (including transgender status), religion, age (40+), national origin, ancestry
  • Additional: Marital status, lawful off-duty activities (including marijuana use in compliance with state law)

State Agency: Colorado Civil Rights Division (CCRD)

Contact Information:

  • 1560 Broadway, Suite 1050
  • Denver, CO 80202
  • Phone: (303) 894-2997
  • Toll-free: 1-800-262-4845
  • Website: ccrd.colorado.gov

Filing Deadlines:

  • CCRD: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Hiring, reinstatement, promotion
  • Back pay and benefits
  • Compensatory damages (capped at $300,000)
  • Attorney fees

Sources: Colorado Civil Rights Division, Colorado Revised Statutes

Connecticut

State Employment Discrimination Law: Connecticut Fair Employment Practices Act (CFEPA) – Conn. Gen. Stat. § 46a-60 et seq.

Coverage:

  • Employers with 3 or more employees

Protected Classes:

  • Race, color, religious creed, age (40+), sex (including pregnancy, sexual harassment, gender identity or expression), gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability (including blindness), status as a veteran
  • Additional: Genetic information, prior conviction of a crime (with limitations), civil union status

State Agency: Connecticut Commission on Human Rights and Opportunities (CHRO)

Contact Information:

  • 450 Columbus Boulevard, Suite 2
  • Hartford, CT 06103
  • Phone: (860) 541-3400
  • Toll-free: 1-800-477-5737
  • Website: portal.ct.gov/chro

Filing Deadlines:

  • CHRO: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (uncapped for emotional distress, humiliation)
  • Punitive damages (double compensatory damages or $200,000, whichever is greater)
  • Attorney fees

Sources: Connecticut Commission on Human Rights and Opportunities, Connecticut General Statutes

Delaware

State Employment Discrimination Law: Delaware Discrimination in Employment Act (DDEA) – 19 Del. C. § 710 et seq.

Coverage:

  • Employers with 4 or more employees

Protected Classes:

  • Race, marital status, genetic information, color, age (40+), religion, sex, pregnancy, national origin, disability, sexual orientation, gender identity
  • Additional: Reproductive health decisions, domestic violence victim status

State Agency: Delaware Department of Labor – Office of Anti-Discrimination

Contact Information:

Filing Deadlines:

  • Delaware Office of Anti-Discrimination: 300 days
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages
  • Attorney fees
  • Injunctive relief

Sources: Delaware Department of Labor, Delaware Code Title 19

Florida

State Employment Discrimination Law: Florida Civil Rights Act (FCRA) – Fla. Stat. § 760.01 et seq.

Coverage:

  • Employers with 15 or more employees

Protected Classes:

  • Race, color, religion, sex, pregnancy, national origin, age, handicap, marital status
  • Note: Florida does NOT prohibit discrimination based on sexual orientation or gender identity under state law (federal Title VII protections apply)

State Agency: Florida Commission on Human Relations (FCHR)

Contact Information:

  • 4075 Esplanade Way, Room 110
  • Tallahassee, FL 32399
  • Phone: (850) 488-7082
  • Toll-free: 1-800-342-8170
  • Website: fchr.myflorida.com

Filing Deadlines:

  • FCHR: 365 days from discriminatory act (one year)
  • EEOC: 300 days

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages
  • Punitive damages (limited circumstances)
  • Attorney fees

Sources: Florida Commission on Human Relations, Florida Statutes Chapter 760

Georgia

State Employment Discrimination Law: Georgia Fair Employment Practices Act (FEPA) – O.C.G.A. § 45-19-20 et seq.

Coverage:

  • Public employers ONLY (state and local government)
  • Private employers are NOT covered by state law

Protected Classes (Public Employees):

  • Race, color, religion, national origin, sex, disability, age (40-70)

State Agency: No state agency for private employment discrimination. Public employees may file with:

Georgia Commission on Equal Opportunity (GCEO)

  • 7 MLK Jr. Drive, Suite 1002, East Tower
  • Atlanta, GA 30334
  • Phone: (404) 656-1736
  • Website: gceo.georgia.gov

Private Employees: Must file with EEOC

  • EEOC Atlanta District Office
  • 100 Alabama Street SW, Suite 4R30
  • Atlanta, GA 30303
  • Phone: 1-800-669-4000

Filing Deadlines:

  • EEOC: 180 days (Georgia does not have worksharing agreement for private employment)

Sources: Georgia Code, Georgia Commission on Equal Opportunity

Hawaii

State Employment Discrimination Law: Hawaii Employment Practices Law – Haw. Rev. Stat. § 378-1 et seq.

Coverage:

  • Employers with one or more employees

Protected Classes:

  • Race, sex (including gender identity or expression), sexual orientation, age (includes workers over 40 AND workers under 40), religion, color, ancestry, disability, marital status, arrest and court record (with limitations), credit history or credit report (unless directly related to job), domestic or sexual violence victim status, assignment of child support obligations, National Guard participation, breastfeeding

State Agency: Hawaii Civil Rights Commission (HCRC)

Contact Information:

Filing Deadlines:

  • HCRC: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay, front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress, humiliation)
  • Punitive damages (available)
  • Attorney fees

Sources: Hawaii Civil Rights Commission, Hawaii Revised Statutes Chapter 378

Idaho

State Employment Discrimination Law: Idaho Human Rights Act – Idaho Code § 67-5901 et seq.

Coverage:

  • Employers with 5 or more employees

Protected Classes:

  • Race, color, religion, sex, national origin, age (40+), disability

State Agency: Idaho Human Rights Commission (IHRC)

Contact Information:

  • 317 West Main Street, 2nd Floor
  • Boise, ID 83735
  • Phone: (208) 334-2873
  • Toll-free: 1-888-249-7025
  • Website: humanrights.idaho.gov

Filing Deadlines:

  • IHRC: 365 days (one year) from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Hiring, reinstatement, promotion
  • Back pay
  • Compensatory and punitive damages (capped)
  • Attorney fees

Sources: Idaho Human Rights Commission, Idaho Code

Illinois

State Employment Discrimination Law: Illinois Human Rights Act (IHRA) – 775 ILCS 5/

Coverage:

  • All employers (no minimum employee threshold for most protections)

Protected Classes (Very Comprehensive):

  • Race, color, religion, sex (including pregnancy), national origin, ancestry, age (40+), marital status, physical or mental disability, military status, sexual orientation, gender identity, order of protection status, unfavorable discharge from military service
  • Additional: Citizenship status, work authorization status, arrest record, conviction record (with significant limitations), genetic information, victims of domestic or sexual violence

State Agency: Illinois Department of Human Rights (IDHR)

Contact Information:

  • James R. Thompson Center
  • 100 West Randolph Street, 10th Floor
  • Chicago, IL 60601
  • Phone: (312) 814-6200
  • TTY: (866) 740-3953
  • Website: dhr.illinois.gov

Filing Deadlines:

  • IDHR: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Hiring, reinstatement, promotion, back pay
  • Compensatory damages (emotional distress – no cap)
  • Front pay when reinstatement not possible
  • Attorney fees and costs
  • Note: Punitive damages NOT available through administrative process

Sources: Illinois Department of Human Rights, Illinois Compiled Statutes

Indiana

State Employment Discrimination Law: Indiana Civil Rights Law – Ind. Code § 22-9-1 et seq.

Coverage:

  • Employers with 6 or more employees (15+ for disability discrimination under ADA standards)

Protected Classes:

  • Race, religion, color, sex, disability, national origin, ancestry, age (40-75)
  • Separate law: Indiana Age Discrimination Act (employers not covered by federal ADEA)

State Agency: Indiana Civil Rights Commission (ICRC)

Contact Information:

  • Indiana Government Center North
  • 100 North Senate Avenue, Room N103
  • Indianapolis, IN 46204
  • Phone: (317) 232-2600
  • Toll-free: 1-800-628-2909
  • Website: in.gov/icrc

Filing Deadlines:

  • ICRC: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Compensatory damages
  • Injunctive relief (policy changes, hiring, reinstatement)
  • Attorney fees (to prevailing party)

Sources: Indiana Civil Rights Commission, Indiana Code

Iowa

State Employment Discrimination Law: Iowa Civil Rights Act (ICRA) – Iowa Code Chapter 216

Coverage:

  • Employers with 4 or more employees

Protected Classes:

  • Age (18+), race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability
  • Additional: Genetic information, wage discrimination (covers retaliation for discussing wages)

State Agency: Iowa Civil Rights Commission (ICRC)

Contact Information:

  • Grimes State Office Building
  • 400 East 14th Street
  • Des Moines, IA 50319
  • Phone: (515) 281-4121
  • Toll-free: 1-800-457-4416
  • Website: icrc.iowa.gov

Filing Deadlines:

  • ICRC: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Hiring, reinstatement, promotion orders
  • Back pay
  • Damages for emotional distress and other subjective harm
  • Court costs and reasonable attorney fees
  • Note: Punitive damages NOT available

Sources: Iowa Civil Rights Commission, Iowa Code Chapter 216

Kansas

State Employment Discrimination Law: Kansas Act Against Discrimination (KAAD) – K.S.A. 44-1001 et seq.

Coverage:

  • Employers with 4 or more employees

Protected Classes:

  • Race, religion, color, sex, disability, national origin or ancestry, age (40+)
  • Genetic information (separate provision)

State Agency: Kansas Human Rights Commission (KHRC)

Contact Information:

  • Landon State Office Building
  • 900 SW Jackson, Suite 568-S
  • Topeka, KS 66612
  • Phone: (785) 296-3206
  • TTY: (785) 368-8031
  • Website: khrc.net

Filing Deadlines:

  • KHRC: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Hiring, reinstatement, or upgrading with or without back pay
  • Cease and desist orders
  • Reasonable attorney fees and costs

Sources: Kansas Human Rights Commission, Kansas Statutes Annotated

Kentucky

State Employment Discrimination Law: Kentucky Civil Rights Act – KRS Chapter 344

Coverage:

  • Employers with 8 or more employees

Protected Classes:

  • Race, color, religion, national origin, sex, age (40+), disability
  • Note: Kentucky does NOT include sexual orientation or gender identity as protected classes under state law (federal protections apply)

State Agency: Kentucky Commission on Human Rights (KCHR)

Contact Information:

  • 332 West Broadway, 7th Floor
  • Louisville, KY 40202
  • Phone: (502) 595-4024
  • Toll-free: 1-800-292-5566
  • Website: kchr.ky.gov

Filing Deadlines:

  • KCHR: 180 days from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (limited to $50,000)
  • Attorney fees

Sources: Kentucky Commission on Human Rights, Kentucky Revised Statutes

Louisiana

State Employment Discrimination Law: Louisiana Employment Discrimination Law – La. R.S. 23:301 et seq.

Coverage:

  • Employers with 20 or more employees (most protections)
  • Employers with 15+ employees (sex discrimination)

Protected Classes:

  • Age (40+), race, color, religion, sex, national origin, pregnancy, childbirth (limited), disability (very limited), sickle cell trait, genetic information (discrimination in testing)
  • Note: Louisiana has VERY LIMITED state protections; most claims proceed under federal law

State Agency: Louisiana does not have a state civil rights enforcement agency for employment discrimination.

Louisiana Commission on Human Rights: Advisory body only, does not investigate or enforce.

EEOC Office for Louisiana:

  • New Orleans Field Office
  • 1555 Poydras Street, Suite 1900
  • New Orleans, LA 70112
  • Phone: 1-800-669-4000

Filing Deadlines:

  • EEOC: 180 days (Louisiana does not have worksharing agreement)

Sources: Louisiana Revised Statutes, EEOC Louisiana Office

Maine

State Employment Discrimination Law: Maine Human Rights Act (MHRA) – 5 M.R.S. § 4551 et seq.

Coverage:

  • Employers with one or more employees

Protected Classes (Comprehensive):

  • Race, color, sex (including pregnancy and gender identity), sexual orientation, physical or mental disability, religion, age, ancestry, national origin
  • Additional: Genetic information, past workers’ compensation claim, whistleblower activity, past refusal to participate in abortion or sterilization

State Agency: Maine Human Rights Commission (MHRC)

Contact Information:

  • 51 State House Station
  • Augusta, ME 04333-0051
  • Phone: (207) 624-6290
  • TTY: Maine Relay 711
  • Website: maine.gov/mhrc

Filing Deadlines:

  • MHRC: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress, humiliation – no cap)
  • Punitive damages (available, typically 2x compensatory)
  • Attorney fees

Sources: Maine Human Rights Commission, Maine Revised Statutes

Maryland

State Employment Discrimination Law: Maryland Fair Employment Practices Act – Md. Code Ann., State Gov’t § 20-601 et seq.

Coverage:

  • Employers with 15 or more employees

Protected Classes:

  • Race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, disability
  • Additional: Refusal to submit to genetic testing, protective hairstyles

State Agency: Maryland Commission on Civil Rights (MCCR)

Contact Information:

  • William Donald Schaefer Tower
  • 6 Saint Paul Street, 9th Floor
  • Baltimore, MD 21202
  • Phone: (410) 767-8600
  • Toll-free: 1-800-637-6247
  • Website: mccr.maryland.gov

Filing Deadlines:

  • MCCR: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress, dignity harm)
  • Punitive damages (available)
  • Attorney fees

Sources: Maryland Commission on Civil Rights, Maryland Code

Massachusetts

State Employment Discrimination Law: Massachusetts Fair Employment Practices Act – M.G.L. c. 151B

Coverage:

  • Employers with 6 or more employees

Protected Classes (Very Comprehensive):

  • Race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age (40+), disability, military service
  • Additional: Arrest record (non-conviction), misdemeanor conviction (first offense)

State Agency: Massachusetts Commission Against Discrimination (MCAD)

Contact Information:

  • One Ashburton Place, Room 601
  • Boston, MA 02108
  • Phone: (617) 994-6000
  • TTY: (617) 994-6196
  • Website: mass.gov/mcad

Filing Deadlines:

  • MCAD: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress – no statutory cap)
  • Punitive damages (available, often 2-3x compensatory)
  • Attorney fees (double or treble fees possible for prevailing plaintiff)

Sources: Massachusetts Commission Against Discrimination, Massachusetts General Laws

Michigan

State Employment Discrimination Law: Elliott-Larsen Civil Rights Act – M.C.L. 37.2101 et seq.

Coverage:

  • All employers (no minimum threshold)

Protected Classes:

  • Religion, race, color, national origin, age, sex (recently interpreted to include sexual orientation and gender identity), height, weight, familial status, marital status
  • Additional: Genetic information (separate act)

State Agency: Michigan Department of Civil Rights (MDCR)

Contact Information:

  • Capitol Tower Building
  • 110 West Michigan Avenue, Suite 800
  • Lansing, MI 48933
  • Phone: (517) 335-3165
  • Toll-free: 1-800-482-3604
  • Website: michigan.gov/mdcr

Filing Deadlines:

  • MDCR: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress, humiliation)
  • Punitive damages (available)
  • Attorney fees

Sources: Michigan Department of Civil Rights, Michigan Compiled Laws

Minnesota

State Employment Discrimination Law: Minnesota Human Rights Act (MHRA) – Minn. Stat. § 363A.01 et seq.

Coverage:

  • Employers with one or more employees

Protected Classes (Very Comprehensive):

  • Race, color, creed, religion, national origin, sex, marital status, disability, public assistance status, age, sexual orientation, gender identity, familial status
  • Additional: Genetic information, membership in local human rights commission

State Agency: Minnesota Department of Human Rights (MDHR)

Contact Information:

  • Freeman Building
  • 625 Robert Street North
  • St. Paul, MN 55155
  • Phone: (651) 539-1100
  • Toll-free: 1-800-657-3704
  • Website: mn.gov/mdhr

Filing Deadlines:

  • MDHR: 365 days (one year) from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (economic loss, emotional harm – no cap)
  • Punitive damages (up to $25,000)
  • Attorney fees (treble fees available)

Sources: Minnesota Department of Human Rights, Minnesota Statutes

Mississippi

State Employment Discrimination Law: Mississippi does NOT have a comprehensive state employment discrimination law.

Limited State Protections:

  • Mississippi Fair Employment Practices Act – applies to public employers ONLY (state and local government)
  • Covers discrimination based on race, color, religion, sex, national origin, age (40+), disability

Private Employers: NO state law protections; federal law applies

State Agency: No state civil rights agency. Public employees may file with:

Mississippi State Personnel Board (for state employees only)

  • 301 North Lamar Street, Suite 100
  • Jackson, MS 39201
  • Phone: (601) 359-2704

Private Employees: Must file with EEOC

  • EEOC Jackson Area Office (discontinued – now served by Birmingham office)
  • Birmingham District Office
  • 63 South Royal Street, Suite 100
  • Mobile, AL 36602
  • Phone: 1-800-669-4000

Filing Deadlines:

  • EEOC: 180 days (Mississippi does not have worksharing agreement for private employment)

Sources: Mississippi Code, Mississippi State Personnel Board

Missouri

State Employment Discrimination Law: Missouri Human Rights Act (MHRA) – Mo. Rev. Stat. § 213.010 et seq.

Coverage:

  • Employers with 6 or more employees

Protected Classes:

  • Race, color, religion, national origin, sex, ancestry, age (40-69), disability
  • Note: Missouri does NOT include sexual orientation or gender identity as protected classes under state law (federal protections apply under Title VII after Bostock decision)

State Agency: Missouri Commission on Human Rights (MCHR)

Contact Information:

  • 3315 West Truman Boulevard
  • Jefferson City, MO 65109
  • Phone: (573) 751-3325
  • Toll-free: 1-877-781-4236
  • Website: labor.mo.gov/mohumanrights

Filing Deadlines:

  • MCHR: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages
  • Attorney fees

Sources: Missouri Commission on Human Rights, Missouri Revised Statutes

Montana

State Employment Discrimination Law: Montana Human Rights Act – Mont. Code Ann. § 49-2-101 et seq.

Coverage:

  • Employers with one or more employees

Protected Classes:

  • Race, creed, religion, color, sex, physical or mental disability, age, national origin, marital status
  • Note: Montana does NOT explicitly include sexual orientation or gender identity (federal protections apply)

Important: Montana is NOT an at-will employment state. Montana has unique “Wrongful Discharge from Employment Act” requiring “good cause” for termination after probationary period.

State Agency: Montana Human Rights Bureau

Contact Information:

  • P.O. Box 1728
  • Helena, MT 59624-1728
  • Phone: (406) 444-2884
  • Toll-free: 1-800-542-0807
  • Website: hrc.mt.gov

Filing Deadlines:

  • Montana HRB: 180 days from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay (limited to 4 years)
  • Hiring, reinstatement, promotion
  • Compensatory damages
  • Punitive damages (available)
  • Attorney fees

Sources: Montana Human Rights Bureau, Montana Code Annotated

State and EEOC Filing Deadlines

State State Agency Deadline EEOC Deadline
AlabamaN/A (no state agency for private employment)180 days
Alaska300 days300 days
Arizona180 days300 days
ArkansasNo state agency; lawsuit option300 days
California3 years300 days
Colorado300 days300 days
Connecticut300 days300 days
Delaware300 days300 days
Florida365 days300 days
GeorgiaN/A (public only)180 days
Hawaii300 days300 days
Idaho365 days300 days
Illinois300 days300 days
Indiana300 days300 days
Iowa300 days300 days
Kansas300 days300 days
Kentucky180 days300 days
LouisianaN/A (no state agency)180 days
Maine300 days300 days
Maryland300 days300 days
Massachusetts300 days300 days
Michigan300 days300 days
Minnesota365 days300 days
MississippiN/A (no state law for private employment)180 days
Missouri300 days300 days
Montana180 days300 days

Key Observations: State Variations

Most Comprehensive State Protections:

  • California (FEHA): 3-year filing deadline, most protected classes, strongest remedies
  • Illinois (IHRA): All employers covered, comprehensive protected classes
  • Maine (MHRA): Covers employers with 1+ employees, strong remedies
  • Minnesota (MHRA): Covers employers with 1+ employees, includes public assistance status

States with Limited/No State Protections:

  • Alabama: No comprehensive state law; age discrimination and equal pay only
  • Georgia: Public employers only under state law
  • Louisiana: Very limited state protections
  • Mississippi: No state law for private employment

Unique State Features:

  • Montana: Not at-will employment state; “good cause” required for termination
  • California: Longest filing deadline (3 years), formerly 1 year
  • Alaska: Covers employers with 1+ employees
  • Colorado: Protects lawful off-duty activities including marijuana use

State Civil Rights Laws: Nebraska through Wyoming

Nebraska

State Employment Discrimination Law: Nebraska Fair Employment Practice Act – Neb. Rev. Stat. § 48-1101 et seq.

Coverage:

  • Employers with 15 or more employees

Protected Classes:

  • Race, color, religion, sex (including pregnancy), disability, marital status, national origin, age (40+), genetic information
  • Additional: Ancestry

State Agency: Nebraska Equal Opportunity Commission (NEOC)

Contact Information:

  • 301 Centennial Mall South, 5th Floor
  • Lincoln, NE 68509
  • Phone: (402) 471-2024
  • Toll-free: 1-800-642-6112
  • Website: neoc.nebraska.gov

Filing Deadlines:

  • NEOC: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages
  • Attorney fees

Sources: Nebraska Equal Opportunity Commission, Nebraska Revised Statutes

Nevada

State Employment Discrimination Law: Nevada Fair Employment Practices Act – Nev. Rev. Stat. § 613.310 et seq.

Coverage:

  • Employers with 15 or more employees

Protected Classes:

  • Race, color, religion, sex (including pregnancy, sexual orientation, gender identity or expression), age (40+), disability, national origin
  • Additional: Genetic information, use of service animal, opposing unlawful employment practices

State Agency: Nevada Equal Rights Commission (NERC)

Contact Information:

  • 1820 East Sahara Avenue, Suite 314
  • Las Vegas, NV 89104
  • Phone: (702) 486-7161
  • Toll-free: 1-800-326-6868
  • Website: detr.nv.gov/nerc

Filing Deadlines:

  • NERC: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages
  • Punitive damages (available)
  • Attorney fees

Sources: Nevada Equal Rights Commission, Nevada Revised Statutes

New Hampshire

State Employment Discrimination Law: New Hampshire Law Against Discrimination – N.H. Rev. Stat. Ann. § 354-A

Coverage:

  • Employers with 6 or more employees

Protected Classes:

  • Age, sex (including pregnancy, sexual orientation, gender identity), race, creed, color, marital status, familial status, physical or mental disability, national origin, genetic information
  • Additional: Victims of domestic violence, sexual assault, or stalking (regarding leave)

State Agency: New Hampshire Commission for Human Rights (NHCHR)

Contact Information:

  • 2 Chenell Drive, Unit 2
  • Concord, NH 03301
  • Phone: (603) 271-2767
  • TTY: (800) 735-2964
  • Website: hrc.nh.gov

Filing Deadlines:

  • NHCHR: 180 days from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress, humiliation)
  • Punitive damages (available)
  • Attorney fees

Sources: New Hampshire Commission for Human Rights, New Hampshire Revised Statutes

New Jersey

State Employment Discrimination Law: New Jersey Law Against Discrimination (NJLAD) – N.J.S.A. 10:5-1 et seq.

Coverage:

  • All employers (no minimum employee threshold)

Protected Classes (Very Comprehensive):

  • Race, creed, color, national origin, ancestry, age (18-70), marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity or expression, sex (including pregnancy, breastfeeding), atypical hereditary cellular or blood trait, genetic information, disability, liability for military service, refusal to submit to genetic testing
  • Additional: Service in armed forces, AIDS/HIV status

State Agency: New Jersey Division on Civil Rights (NJDCR)

Contact Information:

  • 140 East Front Street, 6th Floor
  • P.O. Box 090
  • Trenton, NJ 08625-0090
  • Phone: (609) 292-4605
  • Website: nj.gov/oag/dcr

Filing Deadlines:

  • NJDCR: 180 days from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress, humiliation – no cap)
  • Punitive damages (available, can be substantial)
  • Attorney fees (fee-shifting provisions favor employees)

Sources: New Jersey Division on Civil Rights, New Jersey Statutes Annotated

New Mexico

State Employment Discrimination Law: New Mexico Human Rights Act – N.M.S.A. § 28-1-1 et seq.

Coverage:

  • Employers with 4 or more employees

Protected Classes:

  • Race, age, religion, color, national origin, ancestry, sex (including pregnancy, childbirth, sexual orientation, gender identity), physical or mental handicap, serious medical condition, genetic information, spousal affiliation

State Agency: New Mexico Human Rights Bureau (NMHRB)

Contact Information:

  • 1596 Pacheco Street, Suite 103
  • Santa Fe, NM 87505
  • Phone: (505) 827-6838
  • Toll-free: 1-800-566-9471

Filing Deadlines:

  • NMHRB: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages
  • Punitive damages (available)
  • Attorney fees

Sources: New Mexico Human Rights Bureau, New Mexico Statutes Annotated

New York

State Employment Discrimination Law: New York Human Rights Law – N.Y. Exec. Law § 290 et seq.

Coverage:

  • Employers with 4 or more employees (most protections)
  • All employers (sexual harassment)

Protected Classes (Very Comprehensive):

  • Age (18+), race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex (including pregnancy, childbirth, reproductive health decisions), disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status
  • Additional: Arrest or criminal accusation record (with significant limitations), prior conviction (with limitations), observance of Sabbath

State Agency: New York State Division of Human Rights (NYSDHR)

Contact Information:

  • One Fordham Plaza, 4th Floor
  • Bronx, NY 10458
  • Phone: (718) 741-8400
  • Toll-free: 1-888-392-3644
  • Website: dhr.ny.gov

Filing Deadlines:

  • NYSDHR: 3 years from discriminatory act (extended from 1 year in 2019)
  • EEOC: 300 days

New York City: Separate NYC Human Rights Law with broader protections

  • NYC Commission on Human Rights
  • 40 Rector Street, 10th Floor
  • New York, NY 10006
  • Phone: (212) 416-0197
  • Website: nyc.gov/cchr

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (uncapped)
  • Punitive damages (available)
  • Attorney fees and costs
  • Civil penalties paid to state (up to $50,000, or $100,000 for willful violations)

Sources: New York State Division of Human Rights, New York Executive Law

North Carolina

State Employment Discrimination Law: North Carolina does NOT have a comprehensive state employment discrimination law covering private employers.

Limited State Protections:

  • Retaliatory Employment Discrimination Act (REDA) – protects employees who file workers’ compensation claims
  • State employees have protections under various statutes

Federal Law Applies: Private employers subject to federal anti-discrimination laws only

State Agency: No state civil rights agency for private employment discrimination.

North Carolina Human Relations Commission: Advisory body only; does not investigate or enforce discrimination claims.

EEOC Offices for North Carolina:

  • Charlotte District Office
    • 129 West Trade Street, Suite 400
    • Charlotte, NC 28202
    • Phone: 1-800-669-4000
  • Raleigh Area Office
    • 2303 West Meadowview Road, Suite 201
    • Greensboro, NC 27407
    • Phone: 1-800-669-4000

Filing Deadlines:

  • EEOC: 180 days (North Carolina does not have worksharing agreement for private employment)

Sources: North Carolina General Statutes, EEOC North Carolina Offices

North Dakota

State Employment Discrimination Law: North Dakota Human Rights Act – N.D.C.C. § 14-02.4 et seq.

Coverage:

  • Employers with one or more employees

Protected Classes:

  • Race, color, religion, sex, national origin, age (40+), physical or mental disability, marital status, public assistance status, participation in lawful activity off employer’s premises during nonworking hours

State Agency: North Dakota Department of Labor and Human Rights

Contact Information:

  • 600 East Boulevard Avenue, Department 406
  • Bismarck, ND 58505-0340
  • Phone: (701) 328-2660
  • Toll-free: 1-800-582-8032
  • TTY: (800) 366-6888
  • Website: nd.gov/labor/human-rights

Filing Deadlines:

  • ND Human Rights: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages
  • Attorney fees

Sources: North Dakota Department of Labor and Human Rights, North Dakota Century Code

Ohio

State Employment Discrimination Law: Ohio Civil Rights Act – Ohio Rev. Code § 4112.01 et seq.

Coverage:

  • Employers with 4 or more employees

Protected Classes:

  • Race, color, religion, sex, military status, national origin, disability, age (40+), ancestry
  • Note: Ohio does NOT explicitly include sexual orientation or gender identity under state law (federal protections apply)

State Agency: Ohio Civil Rights Commission (OCRC)

Contact Information:

  • 30 East Broad Street, 5th Floor
  • Columbus, OH 43215
  • Phone: (614) 466-5928
  • Toll-free: 1-888-278-7101
  • Website: crc.ohio.gov

Filing Deadlines:

  • OCRC: 180 days from discriminatory act (NOTE: Shorter than federal deadline)
  • EEOC: 300 days

Important: File with OCRC within 180 days to preserve state law rights, even though EEOC deadline is 300 days.

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (capped at $50,000)
  • Attorney fees

Sources: Ohio Civil Rights Commission, Ohio Revised Code

Oklahoma

State Employment Discrimination Law: Oklahoma Anti-Discrimination Act – Okla. Stat. tit. 25, § 1101 et seq.

Coverage:

  • Employers with 15 or more employees

Protected Classes:

  • Race, color, religion, sex, national origin, age (40+), genetic information, disability
  • Note: Oklahoma does NOT include sexual orientation or gender identity as protected classes under state law

State Agency: Oklahoma does not have a state civil rights enforcement agency for employment discrimination.

Oklahoma Human Rights Commission: Was abolished in 2011; no replacement agency created.

EEOC Office for Oklahoma:

  • Oklahoma Area Office
  • 210 Park Avenue, Suite 1350
  • Oklahoma City, OK 73102
  • Phone: 1-800-669-4000

Filing Deadlines:

  • EEOC: 180 days (Oklahoma does not have worksharing agreement)
  • Direct lawsuit option under state law (within 180 days)

Sources: Oklahoma Statutes, EEOC Oklahoma Office

Oregon

State Employment Discrimination Law: Oregon Equality Act – Or. Rev. Stat. § 659A.001 et seq.

Coverage:

  • Employers with one or more employees

Protected Classes (Very Comprehensive):

  • Race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age (18+), disability, source of income, familial status, domestic violence victim status
  • Additional: Whistleblower activity, use of lawful products during nonworking hours, expunged juvenile record

State Agency: Oregon Bureau of Labor and Industries (BOLI) – Civil Rights Division

Contact Information:

Filing Deadlines:

  • BOLI: 365 days (one year) from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional, mental, physical suffering – no cap)
  • Punitive damages (available, substantial in Oregon)
  • Attorney fees

Sources: Oregon Bureau of Labor and Industries, Oregon Revised Statutes

Pennsylvania

State Employment Discrimination Law: Pennsylvania Human Relations Act (PHRA) – 43 P.S. § 951 et seq.

Coverage:

  • Employers with 4 or more employees

Protected Classes:

  • Race, color, religious creed, ancestry, age (40+), sex, national origin, non-job related handicap or disability, use of guide or support animal, GED rather than high school diploma, relationship or association with a disabled person
  • Note: Pennsylvania does NOT explicitly include sexual orientation or gender identity under state law (federal protections apply; some local ordinances provide protection)

State Agency: Pennsylvania Human Relations Commission (PHRC)

Contact Information:

  • 333 Market Street, 8th Floor
  • Harrisburg, PA 17101
  • Phone: (717) 787-4410
  • TTY: (717) 787-7279
  • Website: phrc.pa.gov

Filing Deadlines:

  • PHRC: 180 days from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay (limited to 2 years)
  • Hiring, reinstatement, promotion
  • Compensatory damages (humiliation, embarrassment, emotional distress – capped at $50,000)
  • Attorney fees

Sources: Pennsylvania Human Relations Commission, Pennsylvania Statutes

Rhode Island

State Employment Discrimination Law: Rhode Island Fair Employment Practices Act – R.I. Gen. Laws § 28-5-1 et seq.

Coverage:

  • Employers with 4 or more employees

Protected Classes:

  • Race, color, religion, sex (including pregnancy, childbirth, sexual harassment, sexual orientation, gender identity or expression), disability, age (40+), country of ancestral origin, genetic information, domestic abuse victim, gender identity or expression, sexual orientation
  • Additional: Homelessness, AIDS/HIV infection

State Agency: Rhode Island Commission for Human Rights (RICHR)

Contact Information:

  • 180 Westminster Street, 3rd Floor
  • Providence, RI 02903
  • Phone: (401) 222-2661
  • TTY: (401) 222-2664
  • Website: richr.ri.gov

Filing Deadlines:

  • RICHR: 365 days (one year) from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress – no cap)
  • Punitive damages (available)
  • Attorney fees

Sources: Rhode Island Commission for Human Rights, Rhode Island General Laws

South Carolina

State Employment Discrimination Law: South Carolina does NOT have a comprehensive state employment discrimination law.

Limited State Protections:

  • South Carolina Human Affairs Law – covers discrimination in places of public accommodation, not employment
  • Age discrimination statute (mirrors federal ADEA)

Federal Law Applies: Employment discrimination claims proceed under federal law

State Agency: South Carolina Human Affairs Commission

Contact Information:

  • 1026 Sumter Street, Suite 101
  • Columbia, SC 29201
  • Phone: (803) 737-7800
  • Toll-free: 1-800-521-0725
  • Website: schac.sc.gov

Note: SCHAC primarily handles housing and public accommodation discrimination, not employment (except limited age discrimination)

EEOC Office for South Carolina:

  • Greenville Local Office
  • 301 North Main Street, Suite 1402
  • Greenville, SC 29601
  • Phone: 1-800-669-4000

Filing Deadlines:

  • EEOC: 180 days (South Carolina does not have worksharing agreement for employment)

Sources: South Carolina Human Affairs Commission, EEOC South Carolina Office

South Dakota

State Employment Discrimination Law: South Dakota Human Relations Act – S.D. Codified Laws § 20-13 et seq.

Coverage:

  • All employers (no minimum employee threshold)

Protected Classes:

  • Race, color, creed, religion, sex, ancestry, disability, national origin
  • Note: South Dakota does NOT include age, sexual orientation, or gender identity as protected classes under state law (federal protections apply for age 40+ and, after Bostock, sexual orientation/gender identity)

State Agency: South Dakota Division of Human Rights

Contact Information:

Filing Deadlines:

  • SD Human Rights: 180 days from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages
  • Attorney fees

Sources: South Dakota Division of Human Rights, South Dakota Codified Laws

Tennessee

State Employment Discrimination Law: Tennessee Human Rights Act (THRA) – Tenn. Code Ann. § 4-21-101 et seq.

Coverage:

  • Employers with 8 or more employees

Protected Classes:

  • Race, creed, color, religion, sex, age (40+), national origin, disability
  • Note: Tennessee does NOT include sexual orientation or gender identity as protected classes under state law

State Agency: Tennessee Human Rights Commission (THRC)

Contact Information:

  • 710 James Robertson Parkway, Suite 100
  • Nashville, TN 37243-1219
  • Phone: (615) 741-5825
  • Toll-free: 1-800-251-3589
  • Website: tn.gov/humanrights

Filing Deadlines:

  • THRC: 180 days from discriminatory act (NOTE: Shorter than federal)
  • EEOC: 300 days

Important: File with THRC within 180 days to preserve state law rights.

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (limited)
  • Attorney fees

Sources: Tennessee Human Rights Commission, Tennessee Code Annotated

Texas

State Employment Discrimination Law: Texas Commission on Human Rights Act (TCHRA) – Tex. Lab. Code § 21.001 et seq.

Coverage:

  • Employers with 15 or more employees

Protected Classes:

  • Race, color, disability, religion, sex (including pregnancy), national origin, age (40+), genetic information
  • Note: Texas does NOT include sexual orientation or gender identity as protected classes under state law (federal protections apply)

State Agency: Texas Workforce Commission – Civil Rights Division

Contact Information:

Filing Deadlines:

  • TWC: 180 days from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay
  • Hiring, reinstatement, promotion
  • Compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience
  • Punitive damages (extreme cases)
  • Damages capped based on employer size:
    • 15-100 employees: $50,000
    • 101-200 employees: $100,000
    • 201-500 employees: $200,000
    • 501+ employees: $300,000
  • Attorney fees

Sources: Texas Workforce Commission Civil Rights Division, Texas Labor Code

Utah

State Employment Discrimination Law: Utah Antidiscrimination Act – Utah Code § 34A-5-101 et seq.

Coverage:

  • Employers with 15 or more employees

Protected Classes:

  • Race, color, sex, pregnancy, childbirth, or pregnancy-related conditions, age (40+), religion, national origin, disability, sexual orientation, gender identity
  • Additional: Genetic information

State Agency: Utah Labor Commission – Antidiscrimination and Labor Division (UALD)

Contact Information:

Filing Deadlines:

  • UALD: 180 days from discriminatory act (NOTE: Shorter than federal)
  • EEOC: 300 days

Important Note: Utah does NOT provide a private right of action to sue in court for most state law violations. Administrative procedures with UALD are the primary recourse.

Remedies Available (Administrative Process Only):

  • Back pay
  • Hiring, reinstatement, promotion
  • Cease and desist orders
  • No damages through administrative process

Sources: Utah Labor Commission, Utah Code

Vermont

State Employment Discrimination Law: Vermont Fair Employment Practices Act – 21 V.S.A. § 495 et seq.

Coverage:

  • All employers (no minimum employee threshold)

Protected Classes:

  • Race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, age (18+), disability, HIV status, genetic information, crime victim status
  • Additional: Credit report or credit history (with exceptions)

State Agency: Vermont Human Rights Commission (VHRC) – Attorney General’s Office

Contact Information:

  • Civil Rights Unit
  • 109 State Street
  • Montpelier, VT 05609-1001
  • Phone: (802) 828-1625
  • Toll-free: 1-800-416-6222
  • Website: hrc.vermont.gov

Filing Deadlines:

  • VHRC: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress – no cap)
  • Punitive damages (available)
  • Attorney fees

Sources: Vermont Human Rights Commission, Vermont Statutes Annotated

Virginia

State Employment Discrimination Law: Virginia Human Rights Act (VHRA) – Va. Code § 2.2-3900 et seq.

Coverage:

  • All employers (no minimum employee threshold)

Protected Classes:

  • Race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, disability, genetic information
  • Note: Virginia expanded protections to include sexual orientation and gender identity in 2020

State Agency: Virginia Division of Human Rights (Office of Civil Rights) – Department of Law

Contact Information:

  • Office of Civil Rights
  • 202 North 9th Street
  • Richmond, VA 23219
  • Phone: (804) 225-2292

Filing Deadlines:

  • Virginia Division: 180 days from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Equitable relief (hiring, reinstatement, promotion)
  • Compensatory damages (capped at $50,000)
  • No punitive damages under state law
  • Attorney fees (to prevailing party)

Sources: Virginia Office of Civil Rights, Virginia Code

Washington

State Employment Discrimination Law: Washington Law Against Discrimination (WLAD) – Wash. Rev. Code § 49.60 et seq.

Coverage:

  • Employers with 8 or more employees (most protections)
  • All employers (breastfeeding, use of service animal, military status)

Protected Classes (Very Comprehensive):

  • Race, creed, color, national origin, families with children, sex (including pregnancy, breastfeeding), sexual orientation, honorably discharged veteran or military status, age (40+), the presence of any sensory, mental, or physical disability, marital status, use of trained guide dog or service animal, genetic information, hepatitis C infection
  • Additional: HIV/AIDS status

State Agency: Washington State Human Rights Commission (WSHRC)

Contact Information:

  • 711 South Capitol Way, Suite 402
  • P.O. Box 42490
  • Olympia, WA 98504-2490
  • Phone: (360) 753-6770
  • Toll-free: 1-800-233-3247
  • Website: hrc.wa.gov

Filing Deadlines:

  • WSHRC: 6 months (180 days) from discriminatory act (NOTE: Short deadline)
  • EEOC: 300 days

Important: Washington has a shorter state deadline than the federal deadline. File within 180 days to preserve state law claims.

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress, humiliation – no cap)
  • Punitive damages (available)
  • Attorney fees (mandatory for prevailing plaintiffs in some cases)

Sources: Washington State Human Rights Commission, Washington Revised Code

West Virginia

State Employment Discrimination Law: West Virginia Human Rights Act – W. Va. Code § 5-11-1 et seq.

Coverage:

  • Employers with 12 or more employees

Protected Classes:

  • Race, religion, color, national origin, ancestry, sex, age (40+), blindness or disability, familial status
  • Note: West Virginia does NOT explicitly include sexual orientation or gender identity under state law (federal protections apply)

State Agency: West Virginia Human Rights Commission (WVHRC)

Contact Information:

  • 1321 Plaza East, Room 108A
  • Charleston, WV 25301
  • Phone: (304) 558-2616
  • Toll-free: 1-888-676-5546

Filing Deadlines:

  • WVHRC: 365 days (one year) from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay and front pay
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress, humiliation)
  • Punitive damages (available)
  • Attorney fees

Sources: West Virginia Human Rights Commission, West Virginia Code

Wisconsin

State Employment Discrimination Law: Wisconsin Fair Employment Act (WFEA) – Wis. Stat. § 111.31 et seq.

Coverage:

  • All employers (no minimum employee threshold)

Protected Classes (Comprehensive):

  • Age (40+), race, creed, color, disability, marital status, sex (including pregnancy, sexual orientation, gender identity – recent interpretation), national origin, ancestry, arrest record, conviction record (with significant limitations), military service, use or nonuse of lawful products off the employer’s premises during nonworking hours, declining to attend a meeting or participate in communications about religious or political matters
  • Additional: Genetic testing

State Agency: Wisconsin Department of Workforce Development – Equal Rights Division

Contact Information:

  • 201 East Washington Avenue, Room A300
  • P.O. Box 8928
  • Madison, WI 53708
  • Phone: (608) 266-6860
  • Website: dwd.wisconsin.gov/er/

Filing Deadlines:

  • Wisconsin ERD: 300 days from discriminatory act
  • EEOC: 300 days (dual filing)

Remedies Available:

  • Back pay (limited to 2 years prior to complaint)
  • Hiring, reinstatement, promotion
  • Compensatory damages (emotional distress – no cap)
  • Punitive damages (available, equal to compensatory damages up to $25,000)
  • Attorney fees

Sources: Wisconsin Department of Workforce Development, Wisconsin Statutes

Wyoming

State Employment Discrimination Law: Wyoming Fair Employment Practices Act – Wyo. Stat. § 27-9-101 et seq.

Coverage:

  • Employers with 2 or more employees

Protected Classes:

  • Age (40-69), sex, race, creed, color, national origin, ancestry, disability, pregnancy, childbirth or related medical conditions
  • Note: Wyoming does NOT include sexual orientation or gender identity as protected classes under state law (federal protections apply)

State Agency: Wyoming Department of Workforce Services – Labor Standards Office

Contact Information:

  • 1510 East Pershing Boulevard
  • Cheyenne, WY 82002
  • Phone: (307) 777-7261
  • Website: dws.wyo.gov

Filing Deadlines:

  • Wyoming DWS: 180 days from discriminatory act
  • EEOC: 300 days

Remedies Available:

  • Back pay (limited to 2 years)
  • Hiring, reinstatement, promotion
  • Compensatory damages (limited)
  • Attorney fees

Sources: Wyoming Department of Workforce Services, Wyoming Statutes

State and EEOC Filing Deadlines (Continued)

State State Agency Deadline EEOC Deadline
Nebraska300 days300 days
Nevada300 days300 days
New Hampshire180 days300 days
New Jersey180 days300 days
New Mexico300 days300 days
New York3 years300 days
North CarolinaN/A (no state law for private employment)180 days
North Dakota300 days300 days
Ohio180 days300 days
OklahomaN/A (no state agency)180 days
Oregon365 days300 days
Pennsylvania180 days300 days
Rhode Island365 days300 days
South CarolinaN/A (no state law for employment)180 days
South Dakota180 days300 days
Tennessee180 days300 days
Texas180 days300 days
Utah180 days300 days
Vermont300 days300 days
Virginia180 days300 days
Washington180 days300 days
West Virginia365 days300 days
Wisconsin300 days300 days
Wyoming180 days300 days

Key Observations: State Variations (Nebraska – Wyoming)

States with Longest Filing Deadlines:

  • New York: 3 years (most generous in nation)
  • Oregon: 365 days
  • Rhode Island: 365 days
  • West Virginia: 365 days

States with Shortest State Deadlines:

  • New Hampshire: 180 days
  • New Jersey: 180 days
  • Ohio: 180 days (shorter than EEOC deadline – critical difference)
  • Pennsylvania: 180 days
  • Tennessee: 180 days
  • Washington: 180 days (while EEOC is 300 days)

States with No State Employment Discrimination Law:

  • North Carolina (no comprehensive law for private employers)
  • South Carolina (no employment law; housing/public accommodation only)
  • Oklahoma (commission abolished in 2011)

States Covering All Employers (No Minimum):

  • New Jersey (most comprehensive protections)
  • North Dakota
  • Oregon
  • South Dakota
  • Vermont
  • Wisconsin

Unique State Features:

  • Utah: No private right of action; administrative process only
  • New York: NYC has separate, broader protections under NYC Human Rights Law
  • Wisconsin: Protects arrest and conviction records (with limitations)
  • Wyoming: Covers employers with 2+ employees (very low threshold)
  • Oregon: Protects “source of income” (housing vouchers, etc.)

States That Recently Expanded Protections:

  • Virginia: Added sexual orientation and gender identity (2020)
  • New York: Extended filing deadline from 1 year to 3 years (2019)
  • Wisconsin: Recent interpretations include sexual orientation/gender identity under “sex”

Critical State Deadline Warnings

IMPORTANT: Several states have SHORTER deadlines than the federal EEOC deadline. Missing the state deadline means losing state law claims and remedies, even if the EEOC deadline hasn’t passed.

States where this is critical:

  • Ohio: 180 days (state) vs. 300 days (EEOC)
  • Washington: 180 days (state) vs. 300 days (EEOC)
  • Tennessee: 180 days (state) vs. 300 days (EEOC)
  • Pennsylvania: 180 days (state) vs. 300 days (EEOC)

Employee Recommendation: When experiencing discrimination, file with BOTH the state agency AND the EEOC as soon as possible to preserve all rights. Many states have dual-filing agreements that automatically file with both agencies.

When workplace discrimination is proven, various remedies are available to make the employee whole and deter future discrimination.

Back Pay

What It Is: Compensation for wages, salary, and benefits lost from the date of discrimination until judgment or settlement.

Includes:

  • Lost wages and salary
  • Lost overtime opportunities
  • Lost bonuses and commissions
  • Lost pension/retirement contributions
  • Lost health insurance and other benefits
  • Interest on lost wages

Calculation: Difference between what you would have earned (absent discrimination) and what you actually earned (including mitigation earnings from other employment).

Mitigation Requirement: Employees must make reasonable efforts to find comparable work. Earnings from mitigation employment are typically deducted from back pay awards.

Source: EEOC.gov – Remedies for Employment Discrimination

Front Pay

What It Is: Future lost earnings when reinstatement is not feasible or appropriate.

When Awarded:

  • Workplace relationship is irreparably damaged
  • Position no longer exists
  • Reinstatement would cause undue hardship
  • Employee found alternative employment at lower pay

Duration: Typically covers a reasonable period until employee can secure comparable employment (often 1-5 years, depending on circumstances).

Source: Federal court precedent under Title VII

Reinstatement

What It Is: Order requiring employer to restore employee to former position or substantially equivalent position.

Includes:

  • Restoration to previous job title and duties
  • Restoration of seniority and benefits
  • Restoration of pay grade and advancement opportunities

When NOT Ordered:

  • Hostility between parties makes working relationship untenable
  • Position has been eliminated for legitimate business reasons
  • Employee prefers front pay over reinstatement

Source: EEOC enforcement guidance

Compensatory Damages

What They Cover:

  • Emotional distress and mental anguish
  • Pain and suffering
  • Loss of enjoyment of life
  • Humiliation and embarrassment
  • Damage to reputation
  • Medical expenses for treatment of emotional distress
  • Future pecuniary losses

Caps on Compensatory and Punitive Damages Combined (Federal Law):

Under Title VII, ADA, and GINA (NOT ADEA or EPA):

  • 15-100 employees: $50,000
  • 101-200 employees: $100,000
  • 201-500 employees: $200,000
  • 501+ employees: $300,000

State Law: Many states have NO CAPS on compensatory damages, providing potentially greater recovery than federal law.

Source: Civil Rights Act of 1991, 42 U.S.C. § 1981a

Punitive Damages

What They Are: Damages designed to punish the employer and deter future discrimination.

When Available: Employer acted with malice or reckless indifference to federally protected rights.

Federal Law: Subject to same caps as compensatory damages (combined total).

ADEA: Liquidated damages (NOT punitive damages) available for willful violations, equal to amount of back pay.

State Law: Many states allow punitive damages with higher or no caps.

Source: EEOC.gov – Compensatory and Punitive Damages

Attorney Fees and Costs

Prevailing Employees: Entitled to reasonable attorney fees and costs.

What’s Covered:

  • Attorney hourly fees
  • Expert witness fees
  • Court costs
  • Deposition expenses

Purpose: Ensures employees can afford legal representation without fear of financial burden.

Source: 42 U.S.C. § 2000e-5(k)

Injunctive Relief

What It Is: Court orders requiring employers to take specific actions or stop specific practices.

Examples:

  • Cease discriminatory policies or practices
  • Implement anti-discrimination training
  • Revise employment policies
  • Post notices of employee rights
  • Provide reasonable accommodations
  • Promote or hire employee

Source: Title VII, ADA, ADEA statutory remedies

Policy Changes and Monitoring

Systemic Cases: EEOC or courts may require:

  • Policy revisions
  • Training programs
  • Compliance monitoring
  • Regular reporting to EEOC or court
  • Consent decrees with ongoing oversight

Source: EEOC Pattern or Practice cases

Step-by-Step Guide: How to File a Discrimination Complaint

Step 1: Document the Discrimination

Immediately Begin Recording:

Keep Detailed Notes:

  • Date, time, and location of each incident
  • What was said or done (quote exact words when possible)
  • Who was present (witnesses)
  • How you responded
  • Any physical evidence (emails, texts, documents)

Save All Documentation:

  • Performance evaluations (before and after discrimination)
  • Emails and written communications
  • Disciplinary notices
  • Job postings or promotion announcements
  • Company policies and employee handbooks
  • Medical documentation (if relevant)
  • Correspondence with HR or management

Maintain Records Outside Work:

  • Keep copies at home or in personal email
  • Do not rely solely on work computer or email
  • Assume work accounts could be deleted

Source: Employee Rights Resources

Step 2: Report Internally (When Appropriate)

Check Your Employee Handbook:

  • Review company discrimination/harassment policy
  • Identify designated reporting channels
  • Note any required procedures

Report in Writing:

  • Email or letter to HR, supervisor, or designated officer
  • Clearly state you are reporting discrimination based on protected characteristic
  • Describe specific incidents with dates and details
  • Request investigation and resolution
  • Keep copy of all reports

Follow Up:

  • If no response within reasonable time (1-2 weeks), follow up in writing
  • Document all communications and responses

When to Skip Internal Reporting:

  • Reporting would be futile (owner/CEO is harasser)
  • Fear of immediate retaliation
  • Company has pattern of ignoring complaints
  • Note: Internal reporting is generally NOT required before filing EEOC charge

Source: EEOC guidance on internal complaint procedures

Step 3: Decide Where to File

Options:

Federal: Equal Employment Opportunity Commission (EEOC)

  • Enforces federal anti-discrimination laws
  • Available nationwide
  • Required before filing federal lawsuit (except EPA)
  • Free process

State: Fair Employment Practices Agency (FEPA)

  • Enforces state discrimination laws
  • May have broader protections than federal law
  • May cover smaller employers
  • Often has worksharing agreement with EEOC (dual filing)

Both (Recommended):

  • Many states have dual-filing agreements
  • Filing with FEPA automatically files with EEOC
  • Preserves all rights under state and federal law

Source: EEOC – How to File a Charge

Step 4: File Within Deadline

Federal EEOC Deadlines:

  • 180 days in non-FEPA states
  • 300 days in FEPA states (most states)

State Deadlines Vary Widely:

  • As short as 180 days (several states)
  • As long as 3 years (California, New York)
  • Check your specific state deadline

CRITICAL: If your state deadline is SHORTER than EEOC deadline (e.g., Ohio, Washington), file within the shorter state deadline to preserve state law claims.

Count From: Date of discriminatory act

  • Termination: Last day of work
  • Failure to hire: Date of rejection
  • Harassment: Last incident in pattern (continuing violation)
  • Discriminatory policy: Each application of policy

Source: EEOC Filing Deadlines by State

Step 5: Complete EEOC Intake Process

Online Through EEOC Public Portal (Recommended):

  1. Visit EEOC Public Portal
  2. Submit online inquiry describing situation
  3. EEOC reviews and contacts you
  4. Schedule intake interview (phone or in-person)

By Phone or In-Person:

  • Call 1-800-669-4000
  • Visit nearest EEOC field office
  • Schedule appointment through website

Information Typically Used in EEOC Intake Interviews:

According to EEOC procedures, intake interviews typically involve the following information:

  • Government-issued identification
  • Documentation related to alleged discrimination (emails, evaluations, etc.)
  • Witness information
  • Employment dates and job title
  • Employer contact information
  • Timeline of events

Source: EEOC Public Portal Guide

Step 6: Formal Charge Filing

Charge Must Include:

  • Your name, address, phone number
  • Employer’s name, address, phone number, and approximate number of employees
  • Description of discriminatory events
  • Dates of discrimination
  • Protected characteristic (race, sex, disability, etc.)
  • Your signature

EEOC Will:

  • Provide charge number for tracking
  • Notify your employer within 10 days
  • Explain next steps and timelines

Retaliation Protection Begins: It is illegal for employer to retaliate from moment you file charge.

Source: EEOC Charge Filing Procedures

Step 7: Investigation or Mediation

Mediation Option:

  • Voluntary, free, confidential
  • Neutral mediator facilitates settlement
  • Typically resolved within 90 days
  • You can decline and proceed to investigation

Investigation Process:

  • EEOC requests information from both parties
  • Reviews documents and evidence
  • Interviews witnesses
  • Determines if reasonable cause exists

Timeline: Varies significantly (months to years depending on case complexity and EEOC workload)

Your Role:

  • Respond promptly to EEOC requests
  • Provide additional evidence as it becomes available
  • Maintain documentation
  • Report any retaliation immediately

Source: EEOC Investigation Procedures

Step 8: EEOC Determination

Possible Outcomes:

Reasonable Cause Finding:

  • EEOC believes discrimination occurred
  • Attempts conciliation with employer
  • May result in settlement agreement
  • If conciliation fails, EEOC may file lawsuit OR issue Right to Sue letter

No Reasonable Cause Finding:

  • EEOC does not find sufficient evidence
  • Issues Notice of Right to Sue
  • You can still file lawsuit (EEOC determination not binding on court)

Administrative Closure:

  • EEOC unable to conclude investigation
  • Issues Right to Sue letter
  • You can proceed to court

Source: EEOC Determination Process

Step 9: Lawsuit Option

Notice of Right to Sue:

  • Allows you to file lawsuit in federal court
  • Valid for 90 days only from date of receipt
  • Must file lawsuit within 90 days or lose right to sue

You Can Request Right to Sue:

  • After 180 days from filing charge (if EEOC hasn’t finished)
  • Allows you to proceed to court without waiting

Hire Attorney:

  • Employment discrimination lawsuits are complex
  • Attorney can evaluate merits and potential recovery
  • Many work on contingency (percentage of recovery)
  • Attorney fees recoverable if you win

Source: EEOC Right to Sue Letters

State Civil Rights Agency Directory (All 50 States)

States with Full-Service Employment Discrimination Agencies

Alaska – Alaska State Commission for Human Rights

Arizona – Arizona Attorney General’s Office, Civil Rights Division

California – California Civil Rights Department

Colorado – Colorado Civil Rights Division

Connecticut – Connecticut Commission on Human Rights and Opportunities

Delaware – Delaware Office of Anti-Discrimination

Florida – Florida Commission on Human Relations

Hawaii – Hawaii Civil Rights Commission

Idaho – Idaho Human Rights Commission

Illinois – Illinois Department of Human Rights

Indiana – Indiana Civil Rights Commission

Iowa – Iowa Civil Rights Commission

Kansas – Kansas Human Rights Commission

Kentucky – Kentucky Commission on Human Rights

Maine – Maine Human Rights Commission

Maryland – Maryland Commission on Civil Rights

Massachusetts – Massachusetts Commission Against Discrimination

Michigan – Michigan Department of Civil Rights

Minnesota – Minnesota Department of Human Rights

Missouri – Missouri Commission on Human Rights

Montana – Montana Human Rights Bureau

Nebraska – Nebraska Equal Opportunity Commission

Nevada – Nevada Equal Rights Commission

New Hampshire – New Hampshire Commission for Human Rights

New Jersey – New Jersey Division on Civil Rights

New Mexico – New Mexico Human Rights Bureau

New York – New York State Division of Human Rights

North Dakota – North Dakota Department of Labor and Human Rights

Ohio – Ohio Civil Rights Commission

Oregon – Oregon Bureau of Labor and Industries, Civil Rights Division

Pennsylvania – Pennsylvania Human Relations Commission

Rhode Island – Rhode Island Commission for Human Rights

South Dakota – South Dakota Division of Human Rights

Tennessee – Tennessee Human Rights Commission

Texas – Texas Workforce Commission, Civil Rights Division

Utah – Utah Labor Commission, Antidiscrimination and Labor Division

Vermont – Vermont Human Rights Commission

Virginia – Virginia Division of Human Rights

Washington – Washington State Human Rights Commission

West Virginia – West Virginia Human Rights Commission

Wisconsin – Wisconsin Department of Workforce Development, Equal Rights Division

Wyoming – Wyoming Department of Workforce Services

States with Limited or No State Agency

Alabama – No state agency for private employment discrimination

  • File with EEOC: 1-800-669-4000

Arkansas – No state enforcement agency

  • File with EEOC: 1-800-669-4000

Georgia – Georgia Commission on Equal Opportunity (public employers only)

  • Private employers: File with EEOC: 1-800-669-4000

Louisiana – No state enforcement agency

  • File with EEOC: 1-800-669-4000

Mississippi – Mississippi State Personnel Board (state employees only)

  • Private employers: File with EEOC: 1-800-669-4000

North Carolina – No state agency for private employment

  • File with EEOC: 1-800-669-4000

Oklahoma – No state agency (commission abolished 2011)

  • File with EEOC: 1-800-669-4000

South Carolina – South Carolina Human Affairs Commission (housing/public accommodation, not employment)

  • File with EEOC: 1-800-669-4000

Federal vs. State Law Comparison

Why File Under Both Federal and State Law?

Broader Protections:

  • Many states protect additional characteristics (marital status, sexual orientation in some states pre-Bostock, political affiliation)
  • Some states cover smaller employers

Better Remedies:

  • No damage caps in many states (vs. federal caps)
  • Some states allow greater punitive damages
  • Some states have stronger anti-retaliation provisions

Longer Deadlines:

  • California: 3 years
  • New York: 3 years
  • Many states: 1 year vs. 180/300 days federal

Dual Filing:

  • Most states have worksharing agreements
  • Filing with state agency automatically files with EEOC
  • Preserves all rights

Key Differences: Federal vs. State

Aspect Federal Law State Law (Varies)
Minimum Employees 15 (Title VII, ADA), 20 (ADEA) As low as 1 employee (some states)
Protected Classes Race, color, religion, sex, national origin, age 40+, disability, genetic information May include: marital status, sexual orientation (pre-Bostock in some), political affiliation, arrest record, and more
Damage Caps $50K–$300K (combined compensatory + punitive) Often NO CAP
Filing Deadline 180 or 300 days 180 days to 3 years
Remedies Back pay, front pay, compensatory damages, punitive damages (capped), attorney fees Often broader remedies, uncapped damages

Source: Comparison of Federal and State Employment Laws

Resources for Employees

Free Legal Assistance

Legal Aid Organizations:

Law School Clinics:

  • Many law schools offer free employment law clinics
  • Contact law schools in your area

Union Representatives:

  • If unionized, contact union representative for assistance

Employee Rights Organizations

National Organizations:

Identity-Specific Organizations:

Government Resources

EEOC Resources:

Department of Labor:

Department of Justice Civil Rights Division:

State Labor Departments:

  • Find your state department of labor for state-specific resources

Educational Resources

Understanding Your Rights:

Know Your Workplace Rights:

  • Workplace Fairness: workplacefairness.org
  • National Employment Law Project: nelp.org

Resources

The following information is compiled from official government guidance regarding workplace discrimination protections:

Filing Timeframes

Government sources establish specific timeframes for filing discrimination charges:

  • Federal EEOC deadlines: 180 days (non-FEPA states) or 300 days (FEPA states)
  • State agency deadlines: Vary by jurisdiction from 180 days to 3 years
  • These deadlines are calculated from the date of the alleged discriminatory act
  • Missing statutory deadlines typically results in dismissal of claims

Source: EEOC.gov, State Civil Rights Statutes

Documentation Standards

According to EEOC guidance, discrimination cases typically involve:

  • Written records of discriminatory incidents with specific dates and details
  • Documentary evidence such as emails, performance evaluations, and company policies
  • Information about witnesses to alleged discrimination
  • Records maintained in locations accessible to the complainant

Source: EEOC Investigation Procedures

Dual Filing Systems

Many states have worksharing agreements with the EEOC:

  • Filing with a state Fair Employment Practices Agency (FEPA) may automatically file with the EEOC
  • This process preserves rights under both federal and state law
  • State laws may provide protections beyond federal requirements
  • Some state laws have no caps on damages while federal law imposes caps

Source: EEOC Worksharing Agreements, State Civil Rights Laws

Retaliation Under Federal Law

Title VII and other federal anti-discrimination laws prohibit retaliation:

  • Retaliation is prohibited against employees who file charges or participate in proceedings
  • Retaliation constitutes a separate violation distinct from underlying discrimination
  • Employees who experience retaliation may file additional charges or amend existing charges

Source: EEOC.gov – Prohibited Retaliation

Access to Legal Resources

Various resources exist for employees seeking information:

  • EEOC offices provide information about the charge filing process at no cost
  • State civil rights agencies offer similar informational services
  • Legal aid organizations serve qualifying individuals
  • Employment attorneys are available for consultation (fee structures vary)
  • Attorney fees may be recoverable for prevailing parties under federal law

Source: EEOC.gov, Legal Services Corporation

Damage Mitigation Obligations

Federal law includes requirements regarding mitigation of damages:

  • Employees must make reasonable efforts to obtain comparable employment when terminated
  • Earnings from subsequent employment are typically credited against back pay awards
  • Failure to make reasonable mitigation efforts may reduce back pay recovery

Source: Federal Employment Discrimination Case Law

Notice of Right to Sue

The EEOC issues Right to Sue notices under specific circumstances:

  • After completing investigation and declining to file suit
  • Upon request after 180 days from charge filing
  • Recipients have 90 calendar days to file federal lawsuit
  • This 90-day deadline is strictly enforced by federal courts

Source: EEOC.gov – Right to Sue Process

Frequently Asked Questions

General Questions

Q: What is workplace discrimination?

A: Workplace discrimination occurs when an employer treats an employee or job applicant unfairly because of a protected characteristic such as race, color, religion, sex (including pregnancy, sexual orientation, gender identity), national origin, age (40+), disability, or genetic information. Discrimination can occur in hiring, firing, pay, promotions, harassment, or any other term or condition of employment.

Source: EEOC – Prohibited Employment Policies/Practices

Q: How do I know if I’ve been discriminated against?

A: Discrimination can be direct (explicit statements or actions based on protected characteristic) or indirect (policies that appear neutral but disproportionately harm protected groups). Ask yourself:

  • Was I treated differently than similarly situated employees outside my protected class?
  • Did the employer make comments about my protected characteristic?
  • Were stated reasons for adverse action pretextual (false or inconsistent)?
  • Is there a pattern of similar treatment toward my protected class?

Documentation and comparison to others’ treatment is key to proving discrimination.

Source: Employment discrimination legal standards

Q: Do I need to hire a lawyer to file an EEOC complaint?

A: No. You can file an EEOC charge yourself without a lawyer. The EEOC process is designed to be accessible to employees without legal representation. However, if you proceed to a lawsuit after receiving a Right to Sue letter, consulting with an employment attorney is highly recommended. Many employment lawyers offer free consultations and work on contingency (percentage of recovery).

Source: EEOC – Filing a Charge

Q: How long do I have to file a discrimination complaint?

A: Deadlines vary:

  • Federal EEOC: 180 days in non-FEPA states, 300 days in FEPA states (most states)
  • State agencies: Anywhere from 180 days to 3 years depending on state

These deadlines are strict. File as soon as possible. Missing the deadline typically means losing your right to file a charge.

Source: EEOC Filing Deadlines

Q: Will my employer find out if I file an EEOC charge?

A: Yes. The EEOC is required to notify your employer within 10 days of receiving your charge. Your identity will be disclosed. However, it is illegal for your employer to retaliate against you for filing an EEOC charge.

Source: EEOC Charge Process

Q: What is retaliation and how is it different from discrimination?

A: Retaliation is adverse action taken against an employee for engaging in protected activity such as:

  • Filing an EEOC charge or discrimination complaint
  • Participating in a discrimination investigation or lawsuit
  • Opposing discrimination
  • Requesting reasonable accommodation

Retaliation is a separate violation from the underlying discrimination and can be proven even if the original discrimination claim fails.

Source: EEOC – Retaliation

Q: Can I be fired for filing a discrimination complaint?

A: No. It is illegal for employers to retaliate against employees for filing complaints, participating in investigations, or opposing discriminatory practices. If you are fired or otherwise retaliated against, this is a separate violation you can add to your EEOC charge or file as a new charge.

Source: EEOC – Prohibited Retaliation

Q: What should I do if I’m being harassed at work?

A: According to EEOC guidance on workplace harassment, employees who experience harassment typically take the following steps as outlined in official government resources:

  1. Communicate to the harasser that the conduct is unwelcome (when safe to do so)
  2. Maintain written records of incidents including dates, times, witnesses, and specific conduct
  3. Report harassment through the employer’s established complaint procedures (typically HR or management)
  4. Retain copies of all reports and employer responses
  5. File an EEOC charge if harassment continues or employer fails to address the situation

Federal law defines harassment as illegal when it is severe or pervasive enough to create a hostile work environment or when it results in an adverse employment action.

Source: EEOC.gov – Harassment

Source: EEOC – Harassment

Q: Does my employer have to accommodate my disability?

A: If you work for an employer with 15+ employees, the ADA requires your employer to provide reasonable accommodation that enables you to perform the essential functions of your job, unless doing so would cause undue hardship. You must request accommodation and engage in the interactive process with your employer.

Source: EEOC – Reasonable Accommodation

Q: What is “reasonable accommodation”?

A: Reasonable accommodation is a modification or adjustment to a job, work environment, or the way things are usually done that enables a qualified individual with a disability to perform essential job functions. Examples include: modified schedules, assistive equipment, job restructuring, reassignment, leave, or workplace modifications.

Source: ADA.gov – Reasonable Accommodation

Q: Can I get unemployment benefits if I quit due to discrimination?

A: Possibly. If you quit due to intolerable working conditions (constructive discharge), you may be eligible for unemployment benefits. This varies by state. Consult your state unemployment office. Quitting does NOT prevent you from filing an EEOC charge for the discrimination that led to your resignation.

Source: State unemployment insurance programs

Q: How much money can I get if I win my discrimination case?

A: Potential recovery includes:

  • Back pay: Lost wages from discrimination date to judgment
  • Front pay: Future lost earnings if reinstatement not feasible
  • Compensatory damages: Emotional distress, suffering (subject to caps under federal law: $50K-$300K depending on employer size)
  • Punitive damages: To punish employer (included in federal caps)
  • Attorney fees and costs

State law claims may have no caps. Actual recovery depends on case strength, evidence, and damages proven.

Source: EEOC – Remedies

Q: What happens after I file an EEOC charge?

A: After filing:

  1. EEOC notifies employer (within 10 days)
  2. You may be offered mediation (voluntary)
  3. If no mediation or mediation fails, EEOC investigates
  4. EEOC makes determination (reasonable cause or no reasonable cause)
  5. If reasonable cause, EEOC attempts conciliation
  6. If conciliation fails, EEOC may sue or issue Right to Sue letter
  7. You can request Right to Sue after 180 days
  8. Right to Sue allows you to file lawsuit (must file within 90 days)

Source: EEOC – Charge Process

Q: Can I sue my employer without filing an EEOC charge first?

A: For most federal discrimination laws (Title VII, ADA, ADEA, GINA), you must file an EEOC charge before filing a lawsuit. Exception: Equal Pay Act claims do not require an EEOC charge first. Some state laws also allow direct lawsuits without administrative filing.

Source: EEOC – Filing Requirements

Q: How long does an EEOC investigation take?

A: EEOC investigations vary widely depending on case complexity, evidence volume, and EEOC workload. Investigations can take anywhere from several months to several years. You can request a Notice of Right to Sue after 180 days if you want to proceed to court without waiting for EEOC to complete investigation.

Source: EEOC Investigation Process

Q: What is a “Right to Sue” letter?

A: A Notice of Right to Sue is a letter from the EEOC giving you permission to file a lawsuit in federal court. You receive this when:

  • EEOC completes investigation and declines to file suit, OR
  • You request it after 180 days from filing charge

You have 90 days from receipt to file lawsuit or you lose your right to sue.

Source: EEOC – Right to Sue Letters

Q: Can my employer ask about my medical condition?

A: Under the ADA:

  • Before job offer: Employer cannot ask about disabilities or require medical exams
  • After conditional job offer: Employer can require medical exam if required for all entering employees in same job category
  • During employment: Medical exams must be job-related and consistent with business necessity

Source: EEOC – ADA Medical Examinations and Inquiries

Q: Is it illegal to ask my age in a job interview?

A: Employers can ask your age or date of birth, but such questions may deter older workers and suggest possible intent to discriminate. If age information is needed for a lawful purpose (e.g., work permit for minors), it should be obtained after hiring. Age-related questions are scrutinized by EEOC.

Source: EEOC – Age Discrimination Pre-Employment Inquiries

Q: Can I file a discrimination charge if I’m an independent contractor?

A: Federal anti-discrimination laws generally cover “employees,” not independent contractors. However, misclassification is common. If you believe you were misclassified as an independent contractor when you were actually an employee, you may still be protected. Consult with EEOC or attorney about your specific situation.

Source: EEOC – Coverage

Q: What if my employer has fewer than 15 employees?

A: Federal laws have minimum employee thresholds:

  • Title VII, ADA, GINA: 15+ employees
  • ADEA: 20+ employees

If your employer is below these thresholds, check your state law. Many states cover smaller employers (some as small as 1 employee). You may still have state law claims even if federal law doesn’t apply.

Source: State employment discrimination laws

Q: Can I be discriminated against because of my association with someone in a protected class?

A: Yes, “associational discrimination” is prohibited. For example:

  • Refusing to hire someone married to a person of a different race
  • Firing someone who has a child with a disability
  • Discriminating against someone who associates with LGBTQ+ individuals

Source: EEOC – Associational Discrimination

Q: What is the difference between disparate treatment and disparate impact?

A:

  • Disparate Treatment: Intentional discrimination – treating someone differently because of protected characteristic
  • Disparate Impact: Neutral policy that disproportionately affects protected group and is not job-related or justified by business necessity

Both are illegal under Title VII.

Note: As of December 2025, the Department of Justice issued new guidance requiring proof of explicit intent for discrimination claims under certain circumstances.

Source: EEOC – Theories of Discrimination

Q: Can I get my job back if I win my case?

A: Reinstatement is a possible remedy if:

  • You want your job back
  • Position still exists
  • Working relationship can be restored
  • It’s feasible and appropriate

If reinstatement isn’t appropriate, you may receive “front pay” (compensation for future lost earnings).

Source: EEOC – Remedies