Abogados de Employment Discrimination

Employment Discrimination Lawyers in the United States

Federal and state laws prohibit employers from treating workers unfairly based on protected characteristics. When those protections are violated, an employment discrimination lawyer fights to hold employers accountable and recover damages for affected workers.

What Employment Discrimination Law Covers

Employment discrimination occurs when an employer takes adverse action against a worker because of race, color, sex, religion, national origin, age, disability, or genetic information. Federal protections come primarily from Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act.

Discrimination can show up in hiring, firing, promotions, pay, job assignments, and workplace harassment. Retaliation — punishing someone for reporting discrimination or participating in an investigation — is also illegal and accounts for over half of all charges filed with the EEOC.

When to Hire an Employment Discrimination Lawyer

• You were fired, demoted, or passed over for promotion after disclosing a protected characteristic or filing a complaint
• You experience ongoing hostile work environment harassment that your employer refuses to address
• Your employer pays you less than coworkers who perform the same work but differ in gender, race, or age
• You need to file a charge with the EEOC and want to meet the 180- or 300-day filing deadline
• Your employer retaliates against you for participating in a discrimination investigation

How the Process Works

Most federal discrimination claims require you to file a charge with the EEOC before going to court. The EEOC investigates and may attempt mediation. If the agency doesn't resolve the matter, it issues a Right to Sue letter that allows you to file a lawsuit in federal court.

According to EEOC data, the agency secured over $665 million for victims in fiscal year 2023. Many cases settle before trial. The average timeline from filing an EEOC charge to resolution ranges from 10 to 18 months, though complex litigation can take longer.

How Compensation Is Calculated

• Back pay covers lost wages and benefits from the date of the discriminatory action to the date of judgment or settlement
• Front pay compensates for future lost earnings when reinstatement to your former position isn't practical
• Compensatory damages cover emotional distress, mental anguish, and out-of-pocket costs like therapy or job search expenses
• Punitive damages may apply when the employer acted with malice or reckless indifference — federal law caps combined compensatory and punitive damages between $50,000 and $300,000 depending on employer size
• Courts can also award attorney's fees, reinstatement, and changes to company policies as part of the remedy

Frequently Asked Questions

Can I sue my employer without filing an EEOC charge first?

For most federal claims, no. The EEOC charge is a required step before filing a lawsuit. Some state laws allow you to go directly to court, and certain claims under the Equal Pay Act don't require an EEOC charge. Missing the filing deadline can permanently bar your claim.

What if I was an at-will employee?

At-will employment means your employer can fire you for most reasons — but not illegal ones. Termination based on race, sex, age, disability, or another protected characteristic is unlawful regardless of your employment status. The at-will doctrine does not shield employers from discrimination liability.