3 Key Takeaways
- Workplace discrimination is illegal under both federal and New York State law, and you have protected rights whether you’re currently employed, job hunting, or have already been let go.
- Documentation is your most powerful tool: The earlier you start keeping records, the stronger your case will be.
- Time limits for filing a discrimination claim are real and strict, speaking with an employment attorney as soon as possible can make all the difference.
What you should do if you think you’re facing discrimination at work
If something feels wrong at work, if you’re being treated differently, passed over, or pushed out based on who you are, you don’t have to just accept it. Workplace discrimination is illegal, and you have real options. This guide walks you through exactly what to do to protect yourself and build the strongest case possible.
Know your rights: Who is protected and from what
Under federal and New York State law, employees and job applicants are protected from discrimination based on specific “protected characteristics.” These include:
- Race, color, and national origin
- Sex, including sexual orientation and gender identity
- Pregnancy, childbirth, and related medical conditions
- Religion
- Age
- Disability
- Genetic information
One important note on age: The federal Age Discrimination in Employment Act (ADEA) protects workers who are 40 or older. But in New York, the protection is broader; New York State’s age discrimination law covers workers 18 and older.
These protections apply across nearly every aspect of employment, including hiring, firing, pay, promotions, job assignments, training, and other terms and conditions of work. You are also protected from retaliation if you report discrimination or cooperate with a discrimination investigation.
Start documenting right away
If you believe you’re experiencing discrimination, documentation is your most important tool, and the sooner you start, the better. Here’s what to keep track of:
- Emails, texts, memos, or any written communications related to the incidents
- Detailed notes about verbal conversations: dates, times, locations, exactly what was said, and who else was present
- Any performance reviews, commendations, or records that demonstrate you were meeting or exceeding expectations
- A running log of each discriminatory incident as it happens, with as much detail as possible
Keep in mind that recording laws and company policies vary by state, so be mindful of what’s permitted where you are. When in doubt, stick to documenting your own observations and communications you’re already a part of.
Report it — in writing
Once you’ve started documenting, report the discrimination through your company’s official channels — whether that’s your supervisor, Human Resources (HR) department, or an ethics or compliance hotline. The key here is to do it in writing, even if the company’s process allows for verbal reporting. A written report creates a paper trail and establishes that your employer was notified.
Hold on to copies of everything you submit and any responses you receive. If the behavior continues after you’ve reported it — or if you face any pushback or retaliation for speaking up — document that too.
Understand the filing deadlines
This is one area where many people run into trouble without realizing it: There are strict time limits for filing a workplace discrimination claim. Under federal law, you generally have 180 to 300 days from the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC). New York State has its own deadlines as well.
The EEOC’s filing process outlines your options step by step. Missing these windows can affect your ability to pursue a legal claim, which is why it’s so important to act quickly and not wait to see if things improve on their own.
Talk to an employment attorney
You don’t have to figure this out alone, and honestly, you shouldn’t try to. An employment attorney can review your situation, tell you which laws apply, help you avoid common missteps, and make sure you meet all the necessary deadlines. Even a single consultation early on can give you a much clearer picture of where you stand and what your options are.
This is especially important if your employer is already taking steps against you — like putting you on a performance improvement plan, reducing your hours, or creating conditions that make your job harder. These can sometimes be signs of retaliation, and a lawyer can help you recognize and respond to them.
Take care of yourself, too
Dealing with discrimination at work is genuinely hard. It can affect your confidence, your focus, and your sense of security. Lean on the people you trust, whether that’s friends, family, or a mental health professional. Taking care of yourself through this process isn’t a distraction from your case, it’s part of getting through it.
You have more support than you might think
Workplace discrimination can feel isolating, but the law is on your side — and so are the people at Valli Kane & Vagnini. If you believe you’re being discriminated against at work, reach out to our team at VKV. We’ll listen, walk you through your rights, and help you decide on the best path forward.









