Employment discrimination and retaliation under U.S. federal law

The main federal laws

• Title VII of the Civil Rights Act of 1964 — race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin; employers with 15 or more employees.
• Age Discrimination in Employment Act (ADEA) — age 40 and older; employers with 20 or more employees.
• Americans with Disabilities Act (ADA), Title I — disability, including the duty to provide reasonable accommodation; employers with 15 or more employees.
• Equal Pay Act — unequal pay for substantially equal work based on sex; applies regardless of employer size under the FLSA's coverage.
• Pregnant Workers Fairness Act — reasonable accommodation for known limitations related to pregnancy and childbirth; employers with 15 or more employees.

The Supreme Court held in Bostock v. Clayton County (2020) that firing someone for being gay or transgender is discrimination "because of sex" under Title VII.

How discrimination claims are proved

Direct evidence of discriminatory intent is rare, so courts often use the burden-shifting framework from McDonnell Douglas Corp. v. Green (1973): the employee shows a basic (prima facie) case, the employer gives a legitimate non-discriminatory reason, and the employee then tries to show that reason is a pretext. Evidence commonly considered includes how comparable employees were treated, statements by decision-makers, timing, and departures from the employer's usual procedures. In Muldrow v. City of St. Louis (2024), the Supreme Court held that an employee challenging a discriminatory transfer must show some harm to a term or condition of employment, not significant harm.

How retaliation claims are proved

A retaliation claim generally requires (1) protected activity, (2) a materially adverse action, and (3) a causal connection. Burlington Northern & Santa Fe Railway Co. v. White (2006) defined a materially adverse action as one that might dissuade a reasonable worker from making or supporting a charge of discrimination, which can include actions outside the workplace. For Title VII retaliation, University of Texas Southwestern Medical Center v. Nassar (2013) requires "but-for" causation: the adverse action would not have happened without the protected activity.

The EEOC process and time limits

For Title VII, the ADEA, and the ADA, a charge generally must be filed with the EEOC within 180 days of the discriminatory act, extended to 300 days where a state or local agency enforces a law prohibiting the same discrimination (42 U.S.C. § 2000e-5(e)(1)). The EEOC may investigate, offer mediation, or issue a right-to-sue notice; a federal lawsuit generally must then be filed within 90 days. Equal Pay Act claims can go directly to court within two years (three for willful violations). Federal-sector employees follow a different process with shorter initial deadlines. Because these periods can depend on facts and on which law applies, confirm the applicable deadline with the EEOC or a licensed attorney before relying on it.

Remedies

Remedies can include back pay, reinstatement or front pay, and, for intentional discrimination under Title VII and the ADA, compensatory and punitive damages subject to caps based on employer size (42 U.S.C. § 1981a(b)(3)), plus attorney's fees. Punitive damages are not available against government employers.