I’m facing workplace discrimination — can I file a lawsuit?

People end up in jobs that aren’t exactly their passion all the time. But they will keep their job to provide for themselves, their family and reap medical benefits. However, nobody deserves to lose interest in their job because the face discrimination or limited opportunity based on their identity.

Determining whether your discrimination draws back to a protected class you are part of can help you decide if you have a basis for a lawsuit. Plus, having ample evidence will go a long way in court.

What’s a protected class?

Workplace discrimination takes place when you are part of a protected class and your employer singles you out because of your identity. Under state and federal law, it’s illegal for an employer to disfavor an employee based on the following:

• Religion
• Veteran or military status
• Marital status
• Status as a victim of domestic violence, stalking or assault
• AIDS/HIV
• Gender
• Age
• Disability or pregnancy
• Sexual orientation or identity
• Genetic information
• National origin
• Race
• Skin color
• Political activities or affiliations

For example, a manager may constantly overlook an employee above the age of 40 when it comes to assigning special projects or assignments. This could be a sign of age-based discrimination, especially if the manager delegates the assignments to younger employees who hold the same role.

How can I take legal action?

If you are a victim of workplace discrimination and want to take legal action, then you should compile any evidence you have. Any proof of verbal or written statements or comments that are discriminatory can serve as direct evidence.

Otherwise, if you are part of a protected class, then you could have grounds for a lawsuit if the following statements are true:

• You meet all the qualifications for your position
• Your employer took an unfavorable action against you
• Your employer gave your position to someone that isn’t part of a protected class

From there, an employment law attorney can guide and defend you and help you receive damages you deserve.