Common Types of Employment Discrimination Claims

1) Hiring discrimination

This includes refusing to hire, screening out applicants, or using biased criteria tied to a protected category. Sometimes it appears as “you’re not a culture fit” with a pattern of similar rejections.

2) Pay discrimination

Pay discrimination may involve base salary, bonuses, overtime opportunities, commissions, or benefits. Under the Equal Pay Act, pay disparities based on sex for substantially equal work can be unlawful.

Pay disparities can also be evidence supporting broader discrimination claims under other laws.

3) Promotion and opportunity discrimination

Being denied training, leadership roles, desirable assignments, or promotions can form the basis of a claim—especially when combined with unequal standards or repeated patterns.

4) Harassment and hostile work environment

Harassment is a form of discrimination when it is unwelcome and based on a protected characteristic, and when it becomes severe or pervasive enough to create a hostile work environment. The EEOC’s harassment guidance explains how the “unwelcome” standard and hostile environment analysis generally work.

Harassment is not limited to sexual harassment. It can include racial harassment, religious harassment, disability-based harassment, and more.

5) Termination and layoff discrimination

Wrongful termination claims often turn on whether the employer’s stated reason is legitimate—or a pretext for discrimination. Layoffs can also be discriminatory if selection criteria disproportionately target a protected group or if exceptions are made inconsistently.

Retaliation: One of the Most Common (and Overlooked) Legal Violations

Many employees hesitate to speak up because they fear retaliation. Retaliation can include:

• Termination or demotion
  
  
• Reduced hours or unfavorable scheduling
  
  
• Sudden write-ups after a complaint
  
  
• Isolation, exclusion from meetings, or denied resources
  
  
• Increased scrutiny compared to coworkers
  
  

Retaliation claims often arise after an employee reports discrimination or harassment, requests an accommodation, or participates in an investigation. Even if the discrimination claim is disputed, retaliation can still be actionable depending on the facts.

Disability Discrimination and Reasonable Accommodations

Disability discrimination often shows up in subtle ways: an employer becomes impatient about medical appointments, penalizes you for needing modified duties, or refuses to discuss adjustments that would help you perform your job.

Under the ADA, employers generally must provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship. 

Accommodation discussions should be interactive and individualized. If your employer refuses to engage or punishes you for asking, that can be a serious warning sign.

Pregnancy Discrimination: More Than Just Firing

Pregnancy discrimination can include:

• Being pushed onto unpaid leave unnecessarily
  
  
• Losing hours, clients, accounts, or opportunities after disclosing pregnancy
  
  
• Pressure to resign “for the baby”
  
  
• Unequal standards for attendance or performance
  
  
• Harassment tied to pregnancy or related conditions
  
  

The Pregnancy Discrimination Act clarifies that discrimination “because of sex” includes pregnancy, childbirth, and related medical conditions under Title VII.

The EEOC also explains how pregnancy-related discrimination and related protections operate under federal law.

Age Discrimination: How It Often Happens

Age discrimination claims frequently involve:

• Older workers being labeled “not adaptable” or “not a fit”
  
  
• Being excluded from training or technology updates
  
  
• Replacement by younger employees after performance remains strong
  
  
• Layoffs that disproportionately affect older workers
  
  
• Comments about retirement or “slowing down”
  
  

The ADEA protects workers age 40+ from age discrimination.

Deadlines Matter: EEOC and Florida Filing Time Limits

Discrimination claims often require filing an administrative charge before you can sue (especially for Title VII, ADA, and ADEA claims). These time limits can be strict.

EEOC deadlines (federal)

In general, you must file a charge within 180 days of the discriminatory act. That deadline is extended to 300 days in many cases when a state agency enforces a similar anti-discrimination law (which applies in many Florida situations).

Florida Civil Rights Act deadlines (state)

Florida law provides its own administrative process through the Florida Commission on Human Relations (FCHR). Florida’s statute on administrative and civil remedies (Fla. Stat. § 760.11) explains key steps and timelines, including the filing framework for discrimination complaints under the Florida Civil Rights Act.

Because deadlines can vary by claim type and facts, it’s smart to treat timing as urgent—especially if termination, a demotion, or a hostile event just occurred.

Where to File: EEOC and Florida Commission on Human Relations

Many Florida employees file through the EEOC or the Florida Commission on Human Relations (FCHR). Florida’s FCHR provides public guidance on how to file and what information you’ll need.

The EEOC also provides public resources on filing rules and time limits.

In practice, charges are often handled under a work-sharing arrangement so the complaint can be cross-filed where appropriate—but you should still treat the process carefully and not assume “someone else will handle it.”

What Evidence Helps in an Employment Discrimination Case?

Employment discrimination cases often succeed or fail based on documentation and credibility. Useful evidence can include:

• Written communications (emails, texts, chat messages)
  
  
• Copies of policies, handbooks, and job descriptions
  
  
• Performance reviews before and after the issue began
  
  
• Pay stubs, schedules, commission statements, or bonus criteria
  
  
• Witness names and what they observed
  
  
• A timeline of events (dates, who was involved, what happened)
  
  

Also, note that harassment and hostile environment claims often rely heavily on the total pattern of conduct—what happened, how often, and how it affected your work. The EEOC’s harassment guidance discusses how “severe or pervasive” standards and context are assessed. EEOC+1

What to Do If You Think You’re Experiencing Discrimination

If you suspect discrimination, consider these steps:

1. Write down what happened while details are fresh (dates, locations, witnesses).
   
   
2. Preserve communications (emails, texts, scheduling changes, HR messages).
   
   
3. Review internal policies on reporting discrimination or harassment.
   
   
4. Report through appropriate channels if it is safe to do so and consistent with your goals.
   
   
5. Watch for retaliation and document it immediately if it occurs.
   
   
6. Talk to an employment lawyer early, especially before signing severance or making formal statements.
   
   

Importantly: if your employer offers severance, that agreement often includes a release of claims. Once signed, you may be giving up your ability to pursue discrimination claims tied to your employment.

How an Employment Discrimination Lawyer Can Help

A lawyer can help you:

• Identify which laws apply (Title VII, ADA, ADEA, Florida Civil Rights Act, Equal Pay Act, USERRA, etc.)
   
• Evaluate the strength of your evidence and timeline
  
  
• Help you avoid missteps in reporting or communications
  
  
• Prepare an administrative charge for the EEOC/FCHR
  
  
• Respond to employer denials, shifting explanations, or intimidation
  
  
• Negotiate settlements or pursue litigation when appropriate
  
  

Even if you’re unsure whether what happened “counts,” a review can clarify whether the facts fit a legal claim—and what options exist.

You Don’t Have to Guess

Employment discrimination can damage careers, financial stability, and mental well-being. If you believe you’re being targeted because of who you are—or punished for asserting your rights—getting informed quickly is one of the most protective steps you can take.

‍