How do I prove discrimination if there's no clear evidence?

Most cases rely on circumstantial evidence — how you were treated compared to coworkers outside your protected class, timing, and a documented pattern — rather than an explicit admission.

What's the deadline to file a discrimination complaint?

With the EEOC, typically 180 days from the incident, extended to 300 days in states with their own fair employment agency — much shorter than most people expect.

Do I have to file with the EEOC before suing?

For most federal discrimination claims, yes — you generally need a right-to-sue letter from the EEOC first.

Can I be fired for complaining about discrimination?

That would itself be illegal retaliation, a separate claim from the underlying discrimination.

What can I recover in a discrimination case?

Potentially back pay, reinstatement or front pay, compensatory damages, and in some cases punitive damages and attorney's fees, though federal law caps certain damages based on employer size.

Does my employer's size matter?

Yes — some federal discrimination laws only apply to employers above a certain size, commonly 15 or more employees, though state laws often cover smaller employers.

Discrimination

Legal information last reviewed: July 3, 2026

Workplace discrimination means being treated worse in hiring, pay, promotion, discipline, or termination because of a legally protected characteristic. Proving it usually means showing that people outside your protected group were treated better in comparable situations, since direct admissions are rare.

Protected classes under federal law

Race, color, religion, sex (including pregnancy, sexual orientation, and gender identity under current Supreme Court precedent), national origin, age (40 and older), and disability are all protected under federal law, along with genetic information.

State and local protections often go further

Many states and cities add categories like marital status or political affiliation, and some extend protections to smaller employers than federal law reaches.

Disparate treatment vs. disparate impact

Disparate treatment is intentional — treating someone worse because of a protected trait. Disparate impact is a facially neutral policy that ends up disproportionately harming a protected group even without intent to discriminate.

The EEOC charge requirement

Before you can sue under most federal discrimination laws, you generally must first file a charge with the Equal Employment Opportunity Commission (or a state equivalent) and get a 'right to sue' letter — you can't go straight to court.

Retaliation

It's separately illegal to punish someone for reporting discrimination or participating in an investigation, and retaliation claims are actually easier to win in many cases than the underlying discrimination claim.

When to hire a lawyer

File the initial EEOC or state agency charge yourself if you want — it's free and starts the clock — but get a lawyer involved before you sign anything or make big decisions, especially before the right-to-sue deadline. Employment lawyers in this area often work on contingency and know how to build the comparator evidence that wins these cases.

Frequently asked questions

How do I prove discrimination if there's no clear evidence?: Most cases rely on circumstantial evidence — how you were treated compared to coworkers outside your protected class, timing, and a documented pattern — rather than an explicit admission.
What's the deadline to file a discrimination complaint?: With the EEOC, typically 180 days from the incident, extended to 300 days in states with their own fair employment agency — much shorter than most people expect.
Do I have to file with the EEOC before suing?: For most federal discrimination claims, yes — you generally need a right-to-sue letter from the EEOC first.
Can I be fired for complaining about discrimination?: That would itself be illegal retaliation, a separate claim from the underlying discrimination.
What can I recover in a discrimination case?: Potentially back pay, reinstatement or front pay, compensatory damages, and in some cases punitive damages and attorney's fees, though federal law caps certain damages based on employer size.
Does my employer's size matter?: Yes — some federal discrimination laws only apply to employers above a certain size, commonly 15 or more employees, though state laws often cover smaller employers.

Discrimination laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

Related practice areas

Workers' Compensation

Benefits for on-the-job injuries and how to file a workers' comp claim.

Employment Law

Workplace rights — wages, discrimination, wrongful termination, and harassment.

Sexual Harassment

Quid pro quo and hostile-environment harassment, and how to document and report it.

This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.