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By Ariel E. Solomon, Esq.
Founder & Managing Attorney

Workplace discrimination can leave you feeling powerless, frustrated, and unsure of where to turn. No one should have to face unfair treatment because of who they are, yet these experiences remain all too common. Whether it’s unequal pay, harassment, or being overlooked for opportunities, discrimination impacts your career and well-being. It’s important to remember that you don’t have to face this alone. There are steps you can take to protect your rights and hold your employer accountable for their actions.

Recognizing Discrimination: What Counts?

Recognizing workplace discrimination is the first step in addressing it. Discrimination occurs when an employer treats you unfairly based on protected characteristics such as race, gender, age, religion, disability, or sexual orientation. This unfair treatment can appear in hiring, promotions, pay, termination, or daily workplace interactions. Harassment, like offensive jokes or unwanted advances, also qualifies as discrimination. Federal laws, like Title VII of the Civil Rights Act, provide protection, while state laws in Washington, D.C., and New York offer additional safeguards. Understanding these behaviors and protections helps you identify when your rights are being violated and take action to protect them.

Documenting the Issue: Your First Step

Documenting discrimination is a critical first step in protecting your rights. Start by keeping detailed records of each incident. Write down dates, times, locations, and specific details of what happened, including who was involved and any witnesses. Save emails, text messages, or other written communications that support your claim. If there are company policies related to the behavior you’re experiencing, note where those policies have been violated. 

Keep these records organized and secure, whether in a notebook or a private digital file. Avoid storing documentation on work computers or systems that your employer can access. This evidence not only helps you clearly understand the situation but also strengthens your case if you need to report the discrimination internally, to a government agency, or in legal proceedings.

Steps for Reporting Discrimination

If you’re experiencing discrimination at work, reporting it is an important step toward addressing the issue. The process differs depending on whether you’re a federal or private sector employee, as well as the state you’re working in.  

Federal Employees  

Federal employees must follow a specific process set by Equal Employment Opportunity (EEO) regulations. The steps include:  

  • Contact an EEO Counselor: Reach out within 45 days of the discriminatory act. This step initiates counseling or alternative dispute resolution (ADR).  
  • Participate in Counseling or ADR: The goal is to resolve the issue informally if possible.  
  • File a Formal Complaint: If counseling or ADR doesn’t resolve the issue, file a complaint with your agency’s EEO office. This must be done within 15 days of receiving notice from your EEO counselor about how to file.  

Private Sector Employees  

Private sector employees have different reporting options:  

  • Internal Reporting: Follow your company’s policies by reporting the discrimination to HR or a supervisor. Keep records of your report and the response.  
  • Filing with a Government Agency:
    • EEOC: File a charge of discrimination within 180 days, extended to 300 days in Washington, D.C., and New York.  
    • State Agencies: File with the D.C. Office of Human Rights or the New York State Division of Human Rights for additional protections.  

Taking action promptly protects your rights and ensures your concerns are formally documented.

Seeking Legal Advice: When and Why

Seeking legal advice can be valuable if workplace discrimination persists or worsens after reporting it. An employment attorney can clarify your rights under federal, state, and local laws, particularly in Washington, D.C., and New York, where additional protections may apply. They can help you evaluate your case, determine if deadlines for filing complaints have been met, and guide you through the complexities of legal processes. 

If your employer retaliates against you or fails to address your concerns, a lawyer can advocate on your behalf, ensuring your voice is heard. Legal counsel is especially helpful when negotiating settlements or deciding whether to pursue litigation. Taking this step empowers you to protect your career and hold employers accountable for discriminatory practices.

What to Expect After Taking Action

After taking action, you can expect several possible outcomes:  

  • Internal Resolution: Your employer may address the issue through mediation or policy changes.  
  • Investigation: The EEOC or state agencies may investigate your claim and issue findings.  
  • Retaliation Protections: Employers are prohibited from retaliating against you for filing a complaint.  
  • Legal Action: If necessary, you may pursue a lawsuit to seek compensation or other remedies.  

Contact Our Experienced Employment Discrimination Attorneys

Facing workplace discrimination can be challenging, but you don’t have to go through it alone. At Solomon Law Firm, PLLC, we are here to help you understand your rights and take the steps necessary to protect your career and well-being. If you’re dealing with discrimination in Washington, D.C., or New York, reach out to us today. Schedule a consultation to learn how we can work together to ensure fair treatment and accountability in your workplace.

About the Author
Ariel E. Solomon is an American Lawyer with a practice focus on employment law, whistleblower retaliation, discrimination, congressional investigations, and government accountability.