What is the basis of discrimination in EEOC?
Asked by: Cordie Steuber | Last update: February 15, 2026Score: 4.5/5 (66 votes)
The basis for discrimination under the EEOC (Equal Employment Opportunity Commission) involves treating someone unfairly due to their race, color, religion, sex (including pregnancy, sexual orientation, transgender status), national origin, age (40+), disability, or genetic information, and also prohibits retaliation for reporting discrimination. These protections apply to hiring, firing, pay, promotions, harassment, and other terms of employment, covering most employers with 15+ employees.
How does the EEOC define discrimination?
The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.
What are the basis of discrimination?
These include mainly the grounds of colour, ethnic origin, ancestry, place of origin, citizenship and creed (religion). Depending on the circumstances, discrimination based on race may cite race alone or may include one or more related grounds.
What is the most common basis for discrimination complaints filed with the EEOC?
The most common types of complaints filed with the EEOC include:
- Retaliation: Retaliation claims were among the most common. ...
- Race Discrimination: Complaints related to race-based discrimination were also prevalent.
What are the 9 grounds for discrimination?
The foundation for equality in the workplace is the Employment Equality Act 1998, which promotes equality and prohibits discrimination across the nine grounds of gender, marital status, family status, age, disability, sexual orientation, race, religion and member- ship of the Traveller community.
Understanding the Importance of the EEOC: A Guide to Fighting Workplace Discrimination
What are 5 examples of unfair discrimination?
Five examples of unfair discrimination include being passed over for promotion due to race or gender (racial/gender bias), paying women less for the same job as men (unequal pay), denying reasonable accommodations for a disability (disability discrimination), harassing someone for their sexual orientation (sexual orientation discrimination), or retaliating against an employee for reporting harassment (retaliation). These actions unfairly disadvantage individuals based on protected traits rather than merit, violating laws like Title VII.
What is required to prove discrimination?
To prove discrimination, you generally need to show you belong to a protected class, were qualified for your job, suffered an adverse action (like firing, demotion, or unequal pay), and that there's a causal link between your protected status and the employer's action, often by showing similarly situated colleagues outside your class were treated better or by using evidence like biased comments, suspicious timing, or inconsistent policies. Evidence can be direct (a "smoking gun" email) or circumstantial (patterns of behavior), with comparative evidence (comparing your treatment to others) being very common.
What is the burden of proof for EEOC discrimination?
The Burden rests with the aggrieved person to provide evidence that will sustain a reasonable inference of race, color, religion, sex, national origin, age, disability, genetic information, or reprisal discrimination.
What are the 4 types of discrimination?
The four main types of discrimination, particularly under UK law like the Equality Act, are Direct Discrimination, Indirect Discrimination, Harassment, and Victimisation, focusing on treating someone unfairly due to protected characteristics (like race, sex, age) through less favorable treatment, disadvantageous rules, offensive behavior, or retaliation for complaining. These legal categories describe how discrimination occurs, distinct from the specific grounds (race, disability, etc.) on which it's based.
What is the average EEOC settlement amount?
The average EEOC settlement is around $40,000, but this figure hides wide variations, with many cases settling for less (like $26,500 in mediation in 2021) and severe cases reaching six or seven figures, while federal caps limit damages based on employer size ($50k-$300k). Actual amounts depend heavily on case specifics, evidence strength, attorney skill, jurisdiction, and employer size, with strong cases often resolving for $50k-$200k+.
What are the six basis of discrimination?
Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or transgender status), national origin, age (40 or older), disability and genetic information (including family medical history).
What are the 7 types of discrimination?
While there isn't a universal "7 types" list, discrimination is broadly categorized by the protected characteristics people are unfairly treated for, commonly including Race/Color, Religion, Sex (Gender, Pregnancy, LGBTQ+ status), National Origin, Age, Disability, and Genetic Information, with variations like harassment, retaliation, and familial status also recognized, all stemming from treating someone differently based on these inherent traits.
How long does an EEOC investigation take?
An EEOC investigation typically takes around 10 months on average, but can range from a few months for simple cases (or if mediation resolves it quickly) to over a year or even longer for complex matters, depending on caseload, cooperation, and case specifics like the number of witnesses and documents needed. While 180 days is a target for some federal sector complaints, general charges can vary significantly.
How to prove discrimination with EEOC?
Compare your work, conduct and treatment to that of those outside of your protected class as much as possible. Provide proof that others of similar qualifications have been given better opportunities, projects that are more favorable and superior treatment.
What are the 4 elements of discrimination?
For example, in a disability or race discrimination case, some courts have said that the 4 elements are that (1) the plaintiff belongs to a protected group, (2) he is qualified for the job (3) the plaintiff was discriminated against, and (4) the plaintiff was replaced bv a nonminority.
What happens if the EEOC finds discrimination?
If the EEOC finds discrimination, we will work with your employer to fix the situation. You could receive money damages as part of that process. We also can seek promotions, reinstatement, and other workplace changes for you.
What are 5 examples of discrimination?
Five examples of discrimination include racial discrimination (not hiring someone due to race), gender discrimination (paying a woman less for the same job as a man), disability discrimination (denying service because someone uses a wheelchair), age discrimination (forcing older employees out), and religious discrimination (ridiculing someone for wearing a headscarf). These examples show unfair treatment in hiring, pay, services, or general environment based on protected characteristics like race, sex, age, disability, or religion.
What counts as discrimination at work?
Workplace discrimination is when an employer unfairly treats someone less favorably because of their race, color, religion, sex (including pregnancy, sexual orientation, and transgender status), national origin, age (40+), disability, or genetic information, affecting hiring, firing, pay, promotions, training, or other job aspects. It also includes harassment, denying reasonable accommodations, or retaliation for reporting discrimination, and is illegal under federal laws enforced by the Equal Employment Opportunity Commission (EEOC).
What is an example of unfair discrimination?
For example: • If a company refuses to hire a potential candidate because that candidate is black. This is unfair discrimination based on race. If a company turns down a job applicant because he/she is Christian, Jewish, Muslim or a believer in any other religion. This is unfair discrimination based on religion.
What makes a strong EEOC case?
Provide Compelling Evidence
Successful EEOC complaints have evidence to support the stated allegations. Before filing your complaint, ensure you have some sort of evidence to back up your claim. When you meet with your attorney, they will determine the right type of evidence for your situation.
What is the 80% rule in discrimination?
The 80% Rule, or Four-Fifths Rule, is an EEOC guideline to spot potential hiring discrimination: if a protected group (like a race, sex, or ethnic group) is selected at less than 80% the rate of the most favored group, it suggests "adverse impact," requiring the employer to justify the practice as job-related and necessary. It's a statistical tool, not definitive proof, indicating when further investigation into disparate impact is warranted in employment decisions.
How to prove your boss is discriminating?
The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
How hard is it to win a discrimination case?
The Harvard Law and Policy Review published an article in 2009 which found that employees only win discrimination cases against their employers 15% of the time. Luckily, public awareness of the need for consequences increases your odds of finding justice.
What is the 3 part test for discrimination?
To prove discrimination, a complainant has to prove that: they have a characteristic protected by the Human Rights Code [Code]; they experienced an adverse impact with respect to an area protected by the Code; and. the protected characteristic was a factor in the adverse impact.
What are the 9 reasons for discrimination?
The acts prohibit direct and indirect discrimination in employment on nine grounds: gender, marital status, family status, sexual orientation, religion, age, disability, race, and membership of the traveller community.