Workplace Discrimination Based on Race, Gender, Age, and More

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Workplace discrimination based on race, gender, age, and other factors is a significant issue that can create a hostile environment for employees. Understanding your rights and protections under federal law is crucial, and seeking guidance from an employment lawyer near you can help you navigate these challenges and ensure that your workplace remains fair and equitable.

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This blog post explores workplace discrimination based on race, gender, age, and other protected characteristics. Learn about your rights under federal law and how an attorney near you can help if you face unfair treatment or retaliation in the workplace.

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Mar 29, 2025 04:27 PM

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Workplace Discrimination Based on Race, Gender, Age, and More

Workplace discrimination isn’t always obvious—but it’s more common than you might think. Whether it’s being passed over for a promotion, facing unfair treatment from management, or enduring hostile comments, discrimination in the workplace can take many forms.

Federal law protects employees from being treated unfairly based on certain personal characteristics. But many workers don’t know what qualifies as discrimination—or what to do about it when it happens.

In this post, you’ll learn what workplace discrimination really means, how federal laws protect you, and how an employment lawyer near you can help if your rights have been violated.

💡 For every post in this series, scroll down to “Related Posts.”

What Is Workplace Discrimination?

Workplace discrimination happens when an employer treats an employee or job applicant unfairly based on protected characteristics under federal or state law. Discrimination can occur during hiring, firing, promotions, pay decisions, job assignments, or even workplace policies.

Discrimination isn’t always intentional—it can be subtle, systemic, or embedded in company culture. But the impact is the same: it creates an unfair and hostile work environment that violates your legal rights.

Protected Characteristics Under Federal Law

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws that protect employees from discrimination based on:

Race

Color

National Origin

Sex (including pregnancy, sexual orientation, and gender identity)

Religion

Age (40 or older)

Disability

Genetic Information

💡 For more on federal protections, see our post: Understanding the EEOC: How Federal Laws Protect You.

Types of Discrimination in the Workplace

1. Race & Color Discrimination

Treating someone differently because of their race, skin color, or ethnic background is illegal under Title VII of the Civil Rights Act.

Examples include:

Racial slurs or offensive jokes

Unequal disciplinary actions

Being overlooked for promotion despite qualifications

2. Gender & Sex Discrimination

Sex-based discrimination includes treating someone unfairly due to their gender, pregnancy status, sexual orientation, or gender identity.

Examples include:

Unequal pay for equal work

Being denied leadership roles due to pregnancy

Harassment based on sexual orientation

3. Age Discrimination

The Age Discrimination in Employment Act (ADEA) protects workers 40 and older from being treated unfairly based on age.

Examples include:

Being replaced by a younger, less-qualified worker

Ageist comments in meetings

Denial of training or promotion based on age

4. Disability Discrimination

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to workers with physical or mental disabilities.

Examples include:

Refusing to accommodate a wheelchair-accessible workstation

Terminating an employee after disclosing a medical condition

Harassment due to mental health conditions

5. National Origin Discrimination

It’s illegal to treat someone differently because of their ethnic background, accent, or perceived nationality.

Examples include:

Favoring certain nationalities in hiring

Making offensive comments about someone’s culture or accent

Requiring “English only” policies without justification

6. Religious Discrimination

Title VII protects employees from discrimination based on religious beliefs or practices, including the right to request reasonable accommodations (such as time off for religious holidays or wearing religious garments).

Examples include:

Denial of time off for religious observance

Harassment for wearing religious attire

Requiring participation in religious activities at work

7. Genetic Information Discrimination

The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on genetic information (such as family medical history).

Examples include:

Employer requests for genetic test results

Decisions based on likelihood of future illness

What Discrimination Looks Like in Practice

Discrimination isn’t always blatant. Here are some real-world scenarios that may indicate unlawful discrimination:

You’re the only person of color on your team and constantly get overlooked for promotions.

Your supervisor makes inappropriate comments about your gender identity.

Your employer denies your request for religious accommodations but grants others’ non-religious requests.

You’re passed over for raises while younger, less-experienced coworkers get promotions.

These situations may not always result in a termination—but they can still violate the law.

Retaliation: What Happens When You Speak Up

Federal law also protects you from retaliation. That means if you report discrimination, file a complaint, or assist in an investigation, your employer cannot legally punish you for it.

Examples of retaliation include:

Getting demoted or fired after filing a complaint

Having your schedule changed to undesirable shifts

Being excluded from meetings or projects

If your employer retaliates after you stand up for your rights, you may have a wrongful termination or retaliation case. Consult an employment lawyer near you immediately.

How to Prove Workplace Discrimination

If you suspect workplace discrimination, start gathering evidence right away:

Keep written records of discriminatory comments or actions

Save emails, texts, and messages from supervisors or coworkers

Request a copy of your personnel file

Document performance reviews, promotions, and disciplinary actions

💡 See our guide: How to File a Wage Claim with the Department of Labor for tips on filing complaints (similar process applies for EEOC charges).

Filing a Complaint with the EEOC

If your employer refuses to take action, you can file a charge of discrimination with the EEOC. Here’s how:

Contact your local EEOC office or file online

Submit a written charge (usually within 180–300 days of the incident)

The EEOC may:

Investigate the claim

Attempt mediation

Issue a “Right to Sue” letter

💡 Learn more in Understanding the EEOC: How Federal Laws Protect You.

When to Contact an Employment Lawyer

You should consult an employment lawyer near you if:

You’re being discriminated against at work

You’ve been wrongfully fired after reporting discrimination

You want help filing an EEOC complaint or lawsuit

A lawyer can help you:

Gather evidence

Negotiate a settlement

File a discrimination lawsuit

Protect you from retaliation

Final Thoughts: Know Your Rights & Take Action

Discrimination has no place in the workplace—and you don’t have to tolerate it. Whether you’re facing unequal pay, biased hiring practices, or harassment, you have rights under federal law. If your employer crosses the line, take action.

At ReferU.AI, we connect employees with top-rated employment lawyers near you. Our AI-powered system matches you with lawyers who specialize in workplace discrimination cases—so you get expert legal help fast.

Think you’ve been discriminated against? Get legal advice today. Let’s make sure your workplace is fair—for everyone.

Workplace Discrimination Based on Race, Gender, Age, and More