Summary:
Workplace discrimination happens when an employer treats someone unfairly because of protected traits like race, gender, age, or disability. Victims should document incidents, report the behavior through internal channels, and file a complaint with the EEOC or FCHR if needed. Acting quickly and gathering solid evidence helps build a strong case and ensures employers are held accountable.
You’d think in 2025, people could just go to work, do their jobs, and go home without dealing with bias or bad behavior. Unfortunately, that’s not always the case. Some employers still treat workers differently based on things that have nothing to do with their performance, like gender, race, age, or disability. When that treatment crosses certain lines, it’s called workplace discrimination. The good news: you don’t have to just take it. There are steps you can take to protect yourself and hold your employer accountable.
What Counts as Workplace Discrimination?
Workplace discrimination happens when an employer treats an employee or job applicant unfairly because of a protected characteristic. Under both federal and Florida law, protected characteristics include race, color, national origin, sex, pregnancy, religion, age (40 or older), disability, genetic information, and marital status. Sexual orientation and gender identity are also protected under federal interpretation of sex discrimination laws.
Discrimination can show up in obvious or subtle ways. Maybe you’re passed over for promotions while less-qualified coworkers get ahead. Maybe you’re paid less than your peers doing the same work. Or maybe you’re being harassed with “jokes” that make you feel uncomfortable and unwelcome. It can also happen in hiring, firing, work assignments, training opportunities, or scheduling. The key question is whether you’re being treated differently because of a protected characteristic, and not because of legitimate performance or business reasons.
What You Can Do About It
If you suspect discrimination, the first thing to do is document everything. Keep copies of emails, performance reviews, text messages, and notes about incidents, including dates, names, and what was said or done. Don’t rely on HR’s memory to protect you later.
Next, follow your company’s reporting procedures. It may feel pointless, but using the internal process shows that you gave your employer a fair chance to correct the problem. File your complaint in writing so there’s a record. If the issue isn’t resolved, or if you’re retaliated against, you’ve built a stronger paper trail.
From there, you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). You usually have 300 days from the date of discrimination to file with the EEOC, or 365 days with the FCHR, depending on your case. Missing those deadlines can shut the door on your claim, so don’t wait until things “get worse.”
Some situations also justify going straight to an attorney before or during the complaint process. A lawyer can help you decide whether to file with the EEOC, how to handle retaliation, and whether a lawsuit might make sense.
Setting Realistic Expectations
Employment cases can take time. You may not get immediate results, and employers often deny wrongdoing right out of the gate. That’s normal. The process is about persistence and evidence. The better your documentation and the sooner you act, the stronger your case.
Also, not every bad boss or unfair decision qualifies as discrimination. It has to tie back to a protected category. For example, being treated poorly because your manager doesn’t like your personality isn’t necessarily illegal. Being treated poorly because of your race or age is. Knowing where that line is drawn helps you focus your energy on what matters and where the law actually has your back.
If your workplace has become a stress factory and HR isn’t helping, it may be time to talk to someone who deals with these cases every day. Feldman Legal Group fights for employees who’ve been wronged or injured by employers who think the rules don’t apply to them. You deserve to work with someone who will fight for your rights and make sure your employer feels the consequences of their choices. Contact us today to schedule a consultation.
(877) 946-8293