Employment Discrimination

If you suspect you are being treated unfairly and want to know whether you may have legal recourse against your employer, ask yourself these questions:

  • Have you suffered discrimination by your manager — just because of who you are?

  • Are you being treated differently based on your sex, age, race, or another factor?

  • Is your career in jeopardy because of the bias you face?

A host of state and federal laws protect employees from employment discrimination based on their race, color, religion, sex, national origin, disability, age, or military status. Many states’ laws go further, and may protect workers from bias based on their ancestry, marital status, physical appearance, genetic status, family responsibilities, gender identity, and sexual orientation. Such laws generally forbid discrimination "in the terms, conditions, or privileges of employment." This includes differences in pay and benefits, of course, but also in promotions, work assignments, and other aspects of work. If your employer has treated you unfairly, discrimination laws may help you to get your job back — or compensate you for lost pay or benefits.

Protected Classes

Employment discrimination statutes vary widely across jurisdictions but may protect individuals based on their membership in the following classes: Race,  religion, sex, national origin, disability, age, military status, ancestry, marital status, physical appearance, genetic status, family responsibilities, gender identity, and sexual orientation.

Some of these protections are evolving. As an example, Title VII of the Civil Rights Act of 1964 explicitly covers race, color, religion, sex and national origin — but it has been interpreted to prohibit discrimination against employees because of their ancestry, culture, and linguistic characteristics, as well as sexual orientation and gender identity. The ADEA has always protected people aged 40 and older, but the Older Workers Benefit Protection Act has greatly enhanced those protections.

Key Anti-Discrimination Laws

Among the most important are:

  • Title VII of the Civil Rights Act of 1964

  • the Equal Pay Act

  • The Americans with Disabilities Act, or ADA

  • The Age Discrimination in Employment Act, or ADEA

  • The Family and Medical Leave Act, or FMLA

  • The Minnesota Human Rights Act, or MHRA

  • The Wisconsin Fair Employment Act, or WFEA

Prohibited Workplace Discrimination

Most employment discrimination statutes prohibit failing to hire or discharging any individual, or otherwise discriminating against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s membership in a protected class.

Federal law also protects employees against retaliation for filing a charge of discrimination or participating in an investigation of discriminatory practices.

Available Damages for Victims of Discrimination

If you have suffered illegal discrimination at work, you may be entitled to receive:

  • Reinstatement

  • Back pay for lost wages

  • Front pay for future lost wages

  • Compensatory damages

  • Punitive damages

  • Litigation costs and attorney fees