Workplace discrimination is one of the most misunderstood areas of employment law.
Employees often feel like it when they are mistreated on the job. However, illegal discrimination is much more narrowly defined than most employees realize.
Here’s the thing:
If you miss the subtleties, you may overlook a valid claim — or spend weeks pursuing one that won’t stand up to EEOC scrutiny.
This article provides an overview of employment discrimination claims, including how they work, common types of claims and how gender discrimination claims differ from others.
Let’s jump in!
In this guide:
- What Counts As Workplace Discrimination?
- The Most Common Types of Discrimination Claims
- What Makes a Gender Discrimination Case Different?
- How to Build a Strong Discrimination Claim
- Mistakes That Can Weaken Your Case
What Counts As Workplace Discrimination?
A claim for discrimination at work is an allegation that an employer has treated an employee less favourably because of a protected characteristic.
That includes things like:
- Race or color
- Sex or gender
- Age (40 and over)
- Disability
- Religion
- National origin
- Pregnancy
Typically a discrimination charge is filed with the Equal Employment Opportunity Commission (EEOC) or the equivalent state agency. The EEOC investigates and determines whether there is reasonable cause to believe discrimination occurred.
Pay attention. Last year, the EEOC logged 88,531 new discrimination charges, according to new data. That’s a 9.2% increase over FY 2023.
If you are filing as a worker in Tennessee, one of the best decisions you can make is to hire a seasoned EEOC lawyer Nashville Tennessee. This is particularly true if you have a gender discrimination claim because the concepts of protected activity, adverse action, and comparators can become quite complex.
But what really makes a claim valid in the eyes of the law?
Three things:
- The worker belongs to a protected group
- The employer took adverse action (firing, demotion, harassment, denial of promotion)
- The action was based on the protected characteristic
If even one of these is missing, the case usually falls apart.
The Most Common Types of Discrimination Claims
All discrimination claims are not created equal. In fact, some are a lot more common than others — and the data proves it.
Retaliation
This is the biggest one by far.
Retaliation accounted for almost 48% of EEOC charges in FY 2024. Retaliation occurs when an employer takes an adverse action against an employee for engaging in a protected activity such as reporting discrimination, filing a complaint, or participating in an investigation.
Race and Color Discrimination
Race/color charges make up approximately 42% of EEOC charges. Includes issues with hiring, promotions, wage gaps, and racial harassment.
Disability Discrimination
Disability comes into play in approximately 38% of claims. These cases frequently hinge on issues of reasonable accommodations — or lack thereof — by the employer.
Sex and Gender Discrimination
Approximately 30% of EEOC charges are sexual discrimination related. And that is when it can really start to overlap with retaliation/harassment claims.
What Makes a Gender Discrimination Case Different?
A gender discrimination case is its own beast.
Why?
Gender discrimination manifests itself in numerous forms. It’s seldom as blatant as someone stating “we don’t hire women for this position.”
Instead, it tends to show up like this:
- Being passed over for promotion repeatedly
- Getting paid less than male counterparts for the same work
- Being given less interesting assignments
- Being talked over or ignored in meetings
- Having performance unfairly criticised after a complaint
- Pregnancy or parental leave being held against the worker
The data backs all of this up.
Sexual harassment and pregnancy discrimination was the basis of allegation in the largest number of EEOC lawsuits in FY 2025: 42 cases.
That is a big deal.
This means that sex-based claims aren’t just frequent — they’re what the EEOC currently pursues through litigation. Effective gender discrimination lawsuits will typically draw from evidence of wage gaps, witness testimonies, and an undeniable pattern of unfair treatment.
How to Build a Strong Discrimination Claim
Submitting a claim. Establishing a claim worth winning. Two entirely different things.
Here’s what separates a winning claim from a losing one:
Document Everything
This is the most important step.
Keep written records of:
- Discriminatory comments or behavior
- Performance reviews (good and bad)
- Emails, texts, and Slack messages
- Meeting notes with dates
- Pay stubs and offer letters
The more evidence you have, the less likely your employer can argue against what occurred.
File Within the Deadline
The EEOC has strict deadlines.
Normally, employees have 180 days from the date of discrimination to file a charge. Some states have increased that window to 300 days. However, generally speaking, if the charge is not timely filed, the case is dead.
Don’t wait. The clock starts ticking from the date of the incident.
Identify Comparators
A comparator is someone outside the protected group who was treated better.
Say you’re a woman who was passed over for a promotion. You can use a comparator by pointing to the man who was promoted, who has similar qualifications. Comparators allow you to prove discriminatory treatment was based on your protected characteristic much easier.
Get Legal Help Early
Discrimination law is complicated. The deadlines are short. The evidence rules are strict.
One of the most common mistakes workers make is attempting to do this without legal representation.
Mistakes That Can Weaken Your Case
Even strong cases can fall apart because of avoidable mistakes.
Watch out for these:
- Jumping ship: Quitting before filing can damage your claim. It’s typically best to file first.
- Social media: Anything you say on social media can and will be used against you by your employer’s lawyers.
- Speaking to co-workers: Offices can be small worlds. Don’t share more information than you share with your attorney.
- Signing severance without reading: Severance packages often contain waiver of lawsuit language.
- Waiting too long: Deadlines are non-negotiable in discrimination law.
These mistakes can turn a winning case into a losing one. Pretty quickly too.
Putting It All Together
Workplace discrimination claims are complex, but they are far from impossible to win.
The key is understanding:
- What actually qualifies as discrimination under the law
- Which type of claim fits the situation
- How to document and prove what happened
- The deadlines that need to be met
- The mistakes that need to be avoided
Whether you are involved in a gender discrimination lawsuit, retaliation claim or disability matter, the employees who win are the ones who act quickly, document everything and seek legal counsel early.
If you sense something’s wrong at work, don’t shrug it off. Write it down and discuss with someone familiar with discrimination law.
