Common questions about workplace discrimination

Workplace discrimination is when an employer treats you unfairly because of a protected characteristic — like race, sex, age, religion, disability, national origin, pregnancy, or sexual orientation. It can happen in hiring, pay, promotions, assignments, discipline, or firing. Both federal and state law prohibit it.

Protected classes are the personal characteristics the law says employers can’t discriminate against — including race, color, national origin, sex, gender identity, age, disability, religion, and more. State laws in Minnesota and Illinois protect additional characteristics that federal law doesn’t. Being treated worse because of one of these may be illegal.

Discrimination is being treated worse in job decisions — pay, promotions, firing — because of who you are. Harassment is unwelcome conduct, like slurs or offensive behavior, that creates a hostile environment. They often happen together, and a single situation can involve both.

Look for patterns: you’re treated worse than coworkers who aren’t in your protected group, decisions don’t match your actual performance, or explanations keep shifting. Discrimination is often subtle. If something feels off and it lines up with a protected characteristic, it’s worth having someone review it.

Both can create legal problems. A manager’s discriminatory decisions bind the employer directly. Coworker conduct can also make the employer liable — especially for harassment — if the company knew or should have known and failed to stop it. Who did it affects how the claim is built, not whether you have one.

It can be. Some discrimination is intentional, but the law also covers policies that seem neutral yet disproportionately harm a protected group — called disparate impact. An employer’s claim that it “didn’t mean to” doesn’t automatically end a discrimination claim.

The main ones are Title VII (race, color, religion, sex, national origin), the ADA (disability), the ADEA (age 40+), and the Pregnancy Discrimination Act. These generally apply to employers above a certain size and are enforced through the EEOC.

The Minnesota Human Rights Act (MHRA) is the state’s main anti-discrimination law. It protects more characteristics than federal law, including marital status and public assistance status, and applies to employers with as few as one employee — much broader coverage than federal statutes.

The Illinois Human Rights Act (IHRA) is the state’s primary anti-discrimination law. It protects characteristics federal law doesn’t — like arrest record and citizenship status — and recent amendments extended coverage to employers with just one employee.

It depends on your situation. State laws often protect more characteristics, cover smaller employers, and sometimes allow more damages or longer deadlines. Many workers have claims under both state and federal law at once. We help you use whichever combination is strongest.

Under federal law, often not — Title VII generally requires 15 or more employees. But Minnesota and Illinois law reach employers with as few as one employee. So a worker at a small business who isn’t covered federally may still be fully protected under state law.

No. Firing someone because of pregnancy, childbirth, or a related condition is illegal under federal and state law. If your termination came shortly after you announced a pregnancy, the timing itself can be important evidence.

Pregnancy Discrimination →

Not legally. Federal law protects workers 40 and older, and Minnesota law can protect younger workers too. Being pushed toward retirement, passed over for younger staff, or laid off because of age may all be unlawful.

Age Discrimination →

Treating a qualified worker unfairly because of a disability — or refusing a reasonable accommodation — is disability discrimination. It covers firing, demotion, refusal to hire, and failure to accommodate a condition you can work with given reasonable support.

Disability Discrimination →

No. Employers must reasonably accommodate sincerely held religious beliefs and practices unless it causes undue hardship. Denying religious dress, refusing schedule adjustments for observance, or punishing you for your faith may be unlawful.

Religious Discrimination →

Yes. Since the Supreme Court’s 2020 Bostock decision, discrimination based on sexual orientation and gender identity is prohibited under federal law. Minnesota and Illinois provide explicit, longstanding protections as well.

Sexual Orientation Discrimination →

Caregiver status isn’t a standalone protected class, but caregiver discrimination is often illegal when tied to sex, a family member’s disability, or protected family leave. If your treatment changed after taking on caregiving, it’s worth examining.

Caregiver Discrimination →

Sometimes. English-only rules and language requirements are only lawful when tied to genuine business necessity. Blanket policies that exclude workers based on national origin or accent, without real justification, can be discriminatory.

National Origin Discrimination →

Emails, texts, performance reviews, pay records, and notes about what was said and when all help. But you rarely need a single “smoking gun” — most discrimination is proven through patterns and circumstances. Bring what you have; we help build the rest.

It depends on the state’s recording laws, which differ between Minnesota and Illinois. Recording without understanding those rules can create legal problems for you. Before recording anything, it’s worth asking us what’s allowed where you are.

You can still have a case. Verbal discrimination is common, and cases are often built on testimony, patterns, timing, and corroborating circumstances rather than documents. Write down what was said, when, and who was present, as soon as you can.

Cases can still succeed. Coworkers are sometimes reluctant out of fear for their own jobs, and the law offers ways to obtain testimony and evidence during the legal process. A lack of volunteers early on doesn’t mean your case can’t be proven.

No. Retaliation for reporting discrimination is illegal, whether or not the original complaint is ultimately proven. If your employer punishes you for speaking up, that’s a separate violation that can strengthen your overall case.

Retaliation →

It depends on the law. Some federal deadlines are as short as 300 days; Minnesota’s MHRA generally allows up to a year. Missing a deadline can end your case, so it’s best to talk to someone as early as possible.

For most federal discrimination claims, yes — you generally file with the EEOC or a state agency before suing. State-law claims sometimes work differently; in Minnesota, for example, you can often go straight to court under the MHRA. We handle this step for you.

The agency notifies your employer and investigates, which can lead to a settlement, a finding, or a right to pursue the case in court. The process varies by agency and claim. We guide you through each stage and handle the filings and deadlines.

It varies widely — some resolve in months, others take a year or more, depending on complexity, the agency, and whether the case settles or goes to court. We give you a realistic timeline for your situation once we understand the facts.

Most discrimination cases settle before trial. Settlement can be faster and less stressful, but we prepare every case as if it may go to court, because that readiness is often what produces a strong settlement. The choice to settle is always yours.

On contingency, you generally owe no attorney’s fees if you don’t win. The specifics depend on your agreement and the type of case. We’ll explain clearly what you would and wouldn’t be responsible for before you commit to anything.

It depends on what you lost and how the employer acted. Recovery can include back pay, future pay, emotional distress damages, punitive damages in serious cases, and attorney’s fees. Every case is different, and we give you an honest assessment once we understand the facts.

Sometimes. Reinstatement is one possible remedy in a discrimination case, though many workers prefer front pay — compensation for future lost earnings — instead of returning to an employer they’ve sued. What’s right depends on your goals and your situation.

Often, yes. Many discrimination laws allow recovery for the emotional harm discrimination causes — anxiety, stress, damage to your wellbeing — in addition to lost wages. The amount depends on the severity of the harm and the facts of your case.

Some parts of a settlement may be taxable and others not, depending on how the recovery is categorized. Tax treatment is complex and situation-specific. We can flag the issues, but you’ll also want advice from a tax professional.

On contingency, you pay no upfront fees, and we’re paid from the recovery only if we win. Many discrimination laws also require the employer to pay the prevailing worker’s attorney’s fees, which can be recovered separately.

You can file with the EEOC or a state agency on your own, but discrimination cases get complicated fast — deadlines, evidence, procedures, and employer defenses. A lawyer helps you avoid mistakes that can weaken or end your claim, and on contingency it costs nothing upfront.

For most cases, nothing upfront. We work on contingency — you pay no fees unless we recover money for you. The first call to find out whether you have a case is always free.

That’s fine, and common. We can often step in after you’ve filed, review what’s been done, and represent you through the rest of the process. Reach out sooner rather than later, since deadlines continue to run.

Anything relevant: your timeline of what happened, emails or texts, performance reviews, pay records, your employee handbook, and any complaint you’ve already filed. Don’t worry if you don’t have much — bring what you have, and we’ll work from there.