Federal and state laws prohibit discrimination and harassment based on protected traits. Knowing what the law covers and how to document problems helps you protect your rights.
What is covered
Federal law protects workers from discrimination based on race, color, religion, sex including pregnancy, sexual orientation and gender identity, national origin, age (40 and older), disability and genetic information. Many states and cities add more protected traits and cover smaller employers.
What counts as harassment
Harassment becomes illegal when it is based on a protected trait and is either a condition of employment or so severe or frequent that it creates a hostile work environment. A single offensive remark may not qualify, but a pattern or a serious incident can.
Steps to take
- Write down each incident with dates, times, witnesses and what was said.
- Save emails, messages and relevant records.
- Follow your employer's complaint procedure and report in writing.
- Do not wait long. Federal charges to the Equal Employment Opportunity Commission generally must be filed within 180 or 300 days, depending on the state.
- Consider speaking to an employment attorney, many of whom offer free consultations.
Retaliation is also illegal
Employers cannot punish you for reporting discrimination or harassment, taking part in an investigation or requesting a reasonable accommodation. Retaliation claims are common and can succeed even when the original complaint does not.
Frequently asked questions
Which employers are covered?
Many federal laws apply to employers with 15 or more employees, with a higher threshold for age discrimination. State laws often apply to smaller employers.
Can I file without a lawyer?
Yes. You can file a charge with the EEOC or a state agency yourself, and the process is free.