What is workplace discrimination?

Workplace discrimination happens when an employer takes action against an employee, applicant, or former employee because of a protected characteristic. Discrimination can also occur when a workplace policy, practice, or pattern of treatment unfairly affects employees because of a protected trait.

Discrimination may involve:

• firing or termination;
• failure to hire;
• denial of promotion;
• unequal pay;
• demotion;
• unfair discipline;
• worse assignments or shifts;
• denial of training or advancement;
• hostile work environment;
• harassment based on a protected trait;
• failure to accommodate disability, pregnancy, religion, or medical restrictions;
• retaliation after a discrimination complaint; or
• pressure to resign because of protected characteristics or protected complaints.

Not every unfair workplace decision is discrimination. The legal issue is whether the employer’s action was connected to a protected characteristic, protected complaint, or legal right.

Protected characteristics under employment discrimination laws

Federal, New Jersey, and Pennsylvania laws protect employees from discrimination based on specific characteristics. The exact protections can vary depending on the law, employer size, location, and facts.

Protected area	Examples	Possible claim type
Race, color, ancestry, or national origin	Racial slurs, accent discrimination, unequal discipline, biased comments, different treatment based on ancestry or ethnicity.	Race discrimination, national origin discrimination, hostile work environment.
Sex, pregnancy, sexual orientation, or gender identity	Sexual harassment, pregnancy-related termination, anti-LGBTQ harassment, unequal treatment based on gender.	Sex discrimination, pregnancy discrimination, sexual harassment, gender identity discrimination.
Disability or medical condition	Refusing accommodations, firing after medical restrictions, mocking disability, denying leave or modified duties.	Disability discrimination, failure to accommodate, retaliation.
Age	Replacing older workers with younger workers, age-related comments, pressure to retire, exclusion from opportunities.	Age discrimination.
Religion or creed	Refusing religious accommodation, harassment based on beliefs, unequal treatment due to religious practice or dress.	Religious discrimination, failure to accommodate.
Protected complaints or participation	Being punished after reporting discrimination, participating in an investigation, or supporting another employee’s complaint.	Retaliation.

Types of workplace discrimination cases we handle

Race and national origin discrimination

Race, color, ancestry, ethnicity, and national origin discrimination may involve racial slurs, unequal discipline, biased job assignments, accent discrimination, exclusion from opportunities, or termination based on stereotypes. It may also involve workplace harassment that creates a hostile work environment.

If your case involves racial slurs at work, race-based harassment, unequal discipline, biased comments, or different treatment because of race, color, ancestry, ethnicity, or national origin, you may also want to review Swartz Swidler’s page for racial discrimination attorneys.

Sex discrimination and sexual harassment

Sex discrimination may involve unequal treatment because of sex, gender, sexual orientation, gender identity, pregnancy, or related stereotypes. Sexual harassment is a form of sex discrimination and may include unwanted sexual comments, pressure, touching, quid pro quo harassment, or a hostile work environment.

For more information, read our guide on what counts as sexual harassment at work in New Jersey.

Hostile work environment and workplace intimidation

A hostile work environment may involve slurs, threats, humiliation, intimidation, repeated offensive comments, exclusion, or other conduct tied to a protected characteristic. If the issue involves threats, pressure, coercion, isolation, or aggressive conduct at work, review Swartz Swidler’s guide to workplace intimidation.

Disability discrimination and failure to accommodate

Disability discrimination may occur when an employer treats an employee worse because of an actual or perceived disability, refuses to consider reasonable accommodations, or punishes an employee for medical restrictions. Depending on the facts, employees may have rights under the ADA, the New Jersey Law Against Discrimination, the Pennsylvania Human Relations Act, and related laws.

If you requested an accommodation and your employer ignored, denied, or punished you for it, review Swartz Swidler’s information about disability discrimination.

Pregnancy discrimination

Pregnancy discrimination may involve firing, demotion, reduced hours, denial of accommodations, harassment, or unequal treatment because of pregnancy, childbirth, breastfeeding, or related medical conditions. Employers should not treat pregnant employees worse than others because of pregnancy or assumptions about future leave.

Age discrimination

Age discrimination may involve replacing older workers, targeting older employees for layoffs, excluding older employees from promotions, pressuring workers to retire, or using age-related comments as part of a pattern of adverse treatment.

Religious discrimination

Religious discrimination may involve harassment based on religious beliefs, unequal treatment because of religious practices, or failure to consider religious accommodation requests involving scheduling, dress, grooming, prayer, or observance.

Retaliation after reporting discrimination

Retaliation occurs when an employer punishes an employee for reporting discrimination, opposing unlawful conduct, filing a charge, participating in an investigation, or supporting another employee’s complaint.

Retaliation can include termination, demotion, discipline, reduced hours, worse assignments, threats, isolation, negative reviews, or pressure to resign. You can learn more in our guide on how to prove workplace retaliation.

Reverse discrimination

Employees sometimes use the term reverse discrimination when they believe they were treated worse because of race, sex, national origin, religion, age, disability, or another protected characteristic, even if they do not belong to a group people traditionally think of as historically disadvantaged. The legal question is usually whether the employer made a job decision because of a protected trait. Learn more about reverse discrimination.

 

New Jersey workplace discrimination claims under the NJLAD

The New Jersey Law Against Discrimination, often called the NJLAD or LAD, is one of the most important laws protecting New Jersey employees from discrimination, harassment, and retaliation. The LAD protects employees from discrimination based on actual or perceived protected characteristics such as race, color, religion, creed, national origin, nationality, ancestry, sex, pregnancy, breastfeeding, sexual orientation, gender identity or expression, disability, marital status, domestic partnership or civil union status, military service, age, genetic information, and other protected traits.

The NJLAD may apply to decisions involving hiring, firing, compensation, promotions, discipline, harassment, job assignments, and other terms, conditions, or privileges of employment.

New Jersey employees may have a claim if an employer:

• fires or demotes an employee because of a protected characteristic;
• pays employees differently based on protected traits;
• allows bias-based harassment to continue;
• refuses reasonable accommodations required by law;
• retaliates after an employee reports discrimination or harassment;
• uses biased comments or stereotypes in employment decisions; or
• applies workplace policies differently based on protected characteristics.

For a deeper overview, visit our page about the New Jersey Law Against Discrimination.

Pennsylvania and Philadelphia workplace discrimination claims

Pennsylvania employees may have protections under the Pennsylvania Human Relations Act, federal anti-discrimination laws, and local protections that may apply in Philadelphia. The PHRA generally protects employees from discrimination based on race, color, sex, age over 40, religious creed, national origin, ancestry, disability, relationship to a person with a disability, use of a guide or support animal, and other protected categories.

Employment discrimination in Pennsylvania may involve hiring, firing, layoffs, pay, discipline, harassment, accommodations, promotions, and other terms or conditions of employment. Retaliation is also prohibited when an employee stands up against discrimination.

What counts as evidence in a discrimination case?

Employment discrimination cases are often proven through a combination of direct evidence, circumstantial evidence, timing, patterns of treatment, comparator evidence, and documents. Employees do not always have one “smoking gun.” A case may be built from several pieces of evidence that show unfair treatment was connected to a protected trait or protected activity.

What should you do if you believe you are being discriminated against at work?

1. Write down what happened

Create a private timeline with dates, names, locations, witnesses, exact words used, and employment actions that followed. Include details about who treated you differently and why you believe the treatment was connected to a protected characteristic or complaint.

2. Save evidence before access is lost

Save documents lawfully. Do not rely only on a company email account, HR portal, or work device that you may lose access to later.

3. Review your employer’s reporting policy

Look for anti-discrimination, anti-harassment, complaint, accommodation, and retaliation policies in the employee handbook. Following the policy may help create a clear record that the employer was placed on notice.

4. Report discrimination in writing when safe and appropriate

A written complaint can be important evidence. Identify what happened, who was involved, what protected characteristic or complaint is involved, who witnessed it, and what you are asking the employer to do.

5. Watch for retaliation

If your employer changes your schedule, cuts your hours, disciplines you, isolates you, demotes you, or fires you after a complaint, document the timing and details.

6. Speak with an employment lawyer before the situation escalates

Discrimination claims can involve strict deadlines. Legal guidance can help you understand whether to file internally, with an agency, or in court, and what evidence may matter most.

What if HR ignores your discrimination complaint?

If HR ignores your complaint, dismisses it without investigation, tells you to tolerate the behavior, or allows the discrimination to continue, document each step. Save the original complaint, follow-up messages, responses from HR, and any new incidents after the complaint.

An employer’s failure to respond reasonably may become important evidence, especially if the company knew or should have known about bias-based harassment and failed to take effective corrective action.

Can you be fired for reporting discrimination?

Your employer should not fire, demote, discipline, threaten, or otherwise punish you for reporting discrimination or harassment in good faith. Retaliation can be unlawful even if the employer claims the punishment was for performance, attitude, attendance, restructuring, or another stated reason.

Important retaliation evidence may include:

• the date of your complaint;
• who knew about the complaint;
• what changed after you complained;
• whether the employer’s explanation shifted;
• whether other employees were treated differently; and
• whether discipline began only after the complaint.

Because retaliation claims often depend on timing, employer knowledge, shifting explanations, and what changed after the complaint, employees may also want to review Swartz Swidler’s guide to retaliation after reporting discrimination.

 

How Swartz Swidler can help

Workplace discrimination claims are fact-specific. Swartz Swidler can help you evaluate what happened, identify the strongest legal issues, review your documents, and explain your options.

Our attorneys help employees with discrimination matters involving:

• race, color, ancestry, and national origin discrimination;
• sexual harassment and sex discrimination;
• pregnancy discrimination;
• disability discrimination and reasonable accommodations;
• age discrimination;
• religious discrimination;
• sexual orientation and gender identity discrimination;
• hostile work environment claims;
• retaliation after discrimination complaints;
• wrongful termination connected to discrimination; and
• severance review after discriminatory or retaliatory termination.

We focus on helping employees understand their rights, preserve evidence, and make informed decisions during stressful workplace situations.

Frequently asked questions about workplace discrimination

What is workplace discrimination?

Workplace discrimination occurs when an employer treats an employee, applicant, or former employee differently because of a protected characteristic such as race, sex, pregnancy, disability, age, religion, national origin, sexual orientation, gender identity, or another protected trait.

What are examples of workplace discrimination?

Examples may include firing, demotion, unequal pay, denied promotion, harassment, refusal to accommodate, unfair discipline, worse assignments, or retaliation connected to a protected characteristic or discrimination complaint.

Do I need direct proof of discrimination?

Not always. Some cases involve direct evidence, such as biased comments. Other cases rely on circumstantial evidence, including timing, inconsistent explanations, different treatment, comparator evidence, and patterns of conduct.

What is a hostile work environment?

A hostile work environment may exist when unwelcome conduct based on a protected characteristic is severe or pervasive enough to make the workplace intimidating, hostile, abusive, or offensive.

Can I be fired for reporting discrimination?

An employer should not punish an employee for reporting discrimination, participating in an investigation, filing a charge, or opposing unlawful workplace conduct. Retaliation can create a separate legal claim.

What if my employer says the decision was based on performance?

An employer may make decisions based on legitimate performance concerns. But if the performance reason is false, exaggerated, inconsistent, or only appeared after discrimination or protected activity, it may be evidence of pretext.

What should I save if I believe I am being discriminated against?

Save emails, texts, performance reviews, write-ups, schedules, pay records, HR complaints, witness names, accommodation requests, and a timeline showing what happened before and after the discriminatory treatment.

How soon should I contact a discrimination lawyer?

You should seek guidance as soon as possible. Deadlines can vary depending on the law, agency, location, employer size, and facts. Waiting too long may affect your options.

Talk to a New Jersey workplace discrimination lawyer

If you believe you were treated unfairly because of a protected characteristic or punished for reporting discrimination, Swartz Swidler can help you understand whether the facts may support a legal claim.

This page is for general informational purposes only and is not legal advice. Workplace discrimination claims depend on the facts, applicable law, deadlines, employer size, employee status, and available evidence.