ABA Family Legal Guide

Law and the Workplace

On the Job

Discrimination in the Workplace

What should I do if I think I have been discriminated against in violation of the law?

It is usually a good idea to bring your complaint directly to the attention of the employer and attempt to resolve the problem informally. The employer may not be aware that people within the organization are discriminating, or the employer may want to address your complaint and fix the problem.

If, however, you want to pursue a legal remedy, you should get expert advice and act relatively quickly. Antidiscrimination laws have strict time limits for making a claim. The federal laws require employees to file a complaint first with the EEOC before filing a lawsuit in court. In some circumstances, an employee is also required to file a complaint with the state agency charged with enforcing the state's antidiscrimination laws. For claims arising under the NLRA, employees are required to file a charge with the NLRB.

Lastly, if you are fired or not hired for discriminatory reasons, you should look for another job. Do so even if it seems that you are entitled to the former job. If you do not actively seek other work, it appears as though you are not seriously interested in employment. This can weaken your claim and may limit any award of back pay.