Discrimination & Harassment at Work – Know Your Rights

Employee facing workplace harassment reporting to HR and lawyer

Introduction Of Discrimination & Harassment at Work – Know Your Rights

No one goes to work expecting to be belittled, harassed, or judged unfairly for who they are. Yet discrimination and harassment in the workplace persist—quietly in some cases, brazenly in others. The good news? You have rights. Powerful rights. Rights that are protected by law.

Whether you’ve faced inappropriate comments, been overlooked for promotions, or found yourself a target for being “different,” this article will help you understand your legal protections and your options. Let’s shine a light on what the law says—and how you can use it to stand up for yourself.

Understanding Discrimination at Work

Workplace discrimination occurs when an employer treats an employee unfavorably because of protected characteristics, such as:

Race
Color
Religion
Sex (including pregnancy, sexual orientation, and gender identity)
National origin
Age (40 or older)
Disability
Genetic information

If you’ve been treated unfairly due to any of these traits, you’re likely a victim of discrimination—and you have legal recourse.

What Is Workplace Harassment?

Harassment is a type of discrimination. It includes unwelcome conduct based on a protected characteristic that:

Creates a hostile or offensive work environment
Interferes with your job performance
Becomes a condition of continued employment

This can come from anyone—supervisors, coworkers, even clients.

The Difference Between Discrimination and Harassment

Discrimination: Decisions made against you (like hiring, firing, demotion).
Harassment: Offensive conduct targeting you (comments, slurs, jokes).

The two often overlap, but the key distinction lies in behavior vs. action.

Federal Laws That Protect You

Several U.S. laws guard against discrimination and harassment:

Title VII of the Civil Rights Act
The Americans with Disabilities Act (ADA)
The Age Discrimination in Employment Act (ADEA)
The Equal Pay Act (EPA)
Genetic Information Nondiscrimination Act (GINA)

These laws are enforced by the Equal Employment Opportunity Commission (EEOC).

State and Local Protections

Many states offer stronger protections than federal law. For example:

Some states protect against height, weight, or marital status discrimination.
Local human rights commissions may offer quicker, more responsive help than the EEOC.

Always check your state’s Department of Labor or human rights website for more.

Recognizing the Signs of Discrimination

Being passed over for promotions repeatedly without clear reason
Getting different treatment than coworkers for the same work
Racial or sexist “jokes” or remarks
Being excluded from meetings or projects
Sudden changes in performance reviews

If it feels off, don’t ignore it.

Types of Workplace Discrimination

Racial Discrimination: Slurs, profiling, exclusion
Gender Discrimination: Unequal pay, dress codes, glass ceilings
Religious Discrimination: Denied religious accommodations
Age Discrimination: Passed over for younger hires
Disability Discrimination: Refusal to make reasonable accommodations

Sexual Harassment at Work: Know the Line

Sexual harassment is not just physical. It includes:

Quid pro quo: “You’ll get this promotion if…”
Hostile work environment: Inappropriate jokes, images, repeated comments

Even one incident can qualify if it’s severe enough.

Retaliation: When Employers Strike Back

Retaliation is illegal. You cannot be punished for:

Reporting discrimination or harassment
Assisting in an investigation
Filing an EEOC complaint

Retaliation can include firing, demotion, or creating a hostile environment.

Reporting Harassment or Discrimination

First, follow your employer’s complaint procedures, often found in the handbook. Document every incident. If nothing changes—or if retaliation begins—report to the EEOC or your state agency.

Filing an EEOC Complaint: Step-by-Step

File a charge within 180–300 days of the incident.
EEOC investigates and may mediate.
If unresolved, you’ll get a “right to sue” letter.
You can then file a lawsuit in federal court.

Internal HR Complaints: What to Expect

When you report to HR:

Your complaint should be documented
You may be interviewed
HR is obligated to investigate

Still, HR protects the company—not you. Know when to bring in an attorney.

How to Document Workplace Harassment

Keep a journal with:

Dates and times
Names of those involved
Quotes or actions
Witnesses present

Email records, screenshots, and recordings (if legal in your state) are powerful.

Can You Be Fired for Reporting Harassment?

Legally, no. But employers sometimes retaliate subtly. If you’re fired shortly after reporting, an attorney can help prove the connection and fight back.

What to Do if Your Complaint Is Ignored

Escalate to senior management or legal department
File with the EEOC
Contact a lawyer for immediate advice

Inaction can expose the company to punitive damages in court.

The Role of Witnesses in Workplace Harassment Cases

Witnesses strengthen your case. Coworkers who saw or heard the incident—or who had similar experiences—can be valuable, especially if they’re willing to testify.

What an Employment Lawyer Can Do for You

Evaluate your case and evidence
File complaints or lawsuits
Negotiate settlements
Represent you in court or arbitration

Most offer free consultations, and many work on contingency—no fees unless you win.

Your Rights During Investigations

Right to confidentiality (to the extent possible)
Right to freedom from retaliation
Right to legal representation
Right to be heard without fear

You are not obligated to remain silent.

Workplace Training and Employer Responsibilities

By law, employers must:

Maintain a discrimination-free environment
Provide training on harassment and bias
Investigate complaints quickly and fairly

Failure to do so may result in federal penalties.

What Damages Can You Recover?

Depending on your case:

Back pay (lost wages)
Front pay (future earnings)
Emotional distress
Legal fees
Punitive damages

Settlements often include policy changes and apologies, too.

LGBTQ+ Protections in the Workplace

In 2020, the Supreme Court ruled LGBTQ+ workers are protected under Title VII. Employers cannot discriminate based on:

Sexual orientation
Gender identity
Gender expression

Still, enforcement varies by region. Know your state’s stance.

Intersectionality and Compound Discrimination

Multiple identities may worsen discrimination. For example:

A Black woman may face both racial and gender bias
A disabled transgender person may experience layered harassment

Courts now recognize intersectional claims, making them harder—but more powerful—to prove.

Remote Work Discrimination and Harassment

Even online, abuse exists:

Inappropriate video call behavior
Microaggressions in chats
Exclusion from virtual meetings

The same laws apply—yes, even in your pajamas.

Union Support and Collective Action

Unions offer:

Legal resources
Advocacy
Group complaints (grievances)

You have the right to organize and file joint complaints. Collective voices are often louder.

FAQs About Workplace Discrimination & Harassment

Can I remain anonymous when reporting harassment?
Yes, but anonymity may limit the scope of the investigation.

Do I need proof to file a complaint?
Not initially—but documentation strengthens your case significantly.

Can I sue even if HR handled it internally?
Yes, if their investigation was inadequate or retaliation followed.

What’s the time limit for legal action?
You generally have 180–300 days to file with the EEOC, depending on your state.

Are jokes or teasing considered harassment?
They can be—especially if frequent, targeted, or offensive.