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EEOC deadlines are strict and missing them permanently bars your lawsuit: (1) File EEOC charge within 180 days of the discriminatory act if your state has no fair employment agency; 300 days if it does (most states). (2) After receiving the Right to Sue letter, you have exactly 90 days to file in federal court — no exceptions. (3) EEOC charges are required before suing for Title VII, ADEA, and ADA violations. (4) Equal Pay Act and Section 1981 (race claims) don't require EEOC charges. Contact an employment attorney immediately — the 300-day clock is running now.

Workplace discrimination is unfavorable treatment based on a protected characteristic in any aspect of employment — hiring, firing, pay, promotion, assignments, training, benefits, or working conditions. Federal law covers: race, color, religion, sex (including pregnancy, gender identity, and sexual orientation per Bostock 2020), national origin, age (40+), disability, and genetic information. State laws often add more protected classes (marital status, political affiliation, source of income). Discrimination can be direct (explicit bias) or disparate impact (neutral policy that disproportionately harms a protected class).

The FLSA requires: federal minimum wage ($7.25/hour — higher state minimums apply), overtime at 1.5x for hours over 40 per workweek for non-exempt employees, accurate timekeeping and recordkeeping, and equal pay for equal work regardless of sex. Remedies for violations: back wages, equal amount in liquidated damages (doubling your recovery), and attorney's fees paid by the employer. Statute of limitations: 2 years (non-willful) or 3 years (willful). Act quickly — you can only recover for the period before you file.

Retaliation is an adverse employment action (termination, demotion, pay cut, schedule change, negative review) taken because of a legally protected activity (reporting discrimination, filing EEOC complaint, taking FMLA, filing workers' comp, whistleblowing, participating in an investigation). To prove retaliation: (1) You engaged in a protected activity. (2) Your employer knew about it. (3) You suffered an adverse action. (4) There is a causal connection (often shown by timing — close proximity between the protected activity and the adverse action is powerful evidence). Retaliation is the #1 type of EEOC charge — and among the most provable claims.

Yes. Sexual harassment is sex discrimination under Title VII. Two types: quid pro quo (supervisor conditions employment on sexual conduct — any single incident is actionable) and hostile work environment (severe or pervasive unwelcome conduct based on sex). You must file an EEOC charge within 180–300 days of the harassment. The Speak Out Act (2023) limits employers' ability to enforce pre-dispute NDAs silencing harassment victims. Damages include back pay, emotional distress, punitive damages (up to $300,000 for large employers), and attorney's fees.

FMLA entitles eligible employees to 12 weeks of unpaid, job-protected leave per year for: birth/adoption of a child, serious health condition of a close family member, or your own serious health condition. Eligibility requires: employer has 50+ employees, you've worked there 12+ months, and 1,250+ hours in the past year. Your employer must restore you to the same or equivalent position. Violations include: denying eligible leave, retaliating for taking leave, interfering with rights, and failing to provide required notices. Statute of limitations: 2 years (3 for willful violations).

It depends entirely on your state. California, Minnesota, North Dakota, and Oklahoma broadly prohibit employee non-competes. Several other states (VA, CO, IL, OR, WA, MD) have income thresholds below which non-competes are unenforceable. In states that enforce non-competes, the agreement must be reasonable in scope (geographic area), duration (typically 6–24 months), and activity restrictions, and supported by adequate consideration. The FTC's 2024 rule banning non-competes was struck down by federal courts — but the legal landscape continues to evolve. An employment attorney in your state evaluates enforceability based on current law.

Not without attorney review. A severance agreement requires you to release all claims — including ones you may not know you have. Critical issues: (1) What claims are you releasing, and what are they worth? (2) If you are 40+, you have 21 days to consider (45 in group layoffs) and 7 days to revoke — these rights cannot be waived. (3) Are there non-compete or non-disparagement provisions limiting your future? (4) Can you negotiate more? Attorneys often obtain 2–10x the initial severance offer by using potential legal claims as leverage. The consultation is free — don't sign without it.

Misclassification occurs when employers treat employees as independent contractors (1099) to avoid paying overtime, minimum wage, benefits, and payroll taxes. The DOL's 2024 multi-factor economic reality rule (now fully in effect) makes it harder for employers to classify economically dependent workers as contractors. Misclassified workers can recover: back overtime and minimum wages, employer's share of payroll taxes, unpaid benefits, and penalties. The DOL can also assess civil money penalties. If you believe you've been misclassified, contact an employment attorney — the recovery can be substantial.

Key 2025–2026 changes: (1) AI hiring tool regulations — NY Local Law 144, CO, IL, CA require bias audits and worker notification. (2) Pay transparency laws now active in CA, CO, NY, WA, IL, MD, NV, RI, and HI. (3) Non-compete FTC rule struck down — state laws now control. (4) Minimum wage increases in 20+ states. (5) DOL independent contractor rule fully in effect — economic reality test. (6) Minnesota, Delaware, and Maine expanded paid family leave. (7) NLRB expanded protection for concerted activity including social media. (8) PUMP Act expanded nursing worker protections. (9) Speak Out Act limits enforcement of harassment/assault NDAs.

Recovery depends on your claims: Discrimination/harassment (Title VII): back pay, front pay, emotional distress, and punitive damages. Caps based on employer size: $50K (15–100 employees), $100K (101–200), $200K (201–500), $300K (500+). Race claims (Section 1981): no cap — unlimited compensatory and punitive damages. FLSA wages: back wages + equal liquidated damages (double recovery) + attorney's fees. ADEA age discrimination: back pay, front pay, liquidated damages for willful violations. State law claims often provide higher damages. An employment attorney assesses the realistic value of your specific case.

Pay equity laws require equal pay for equal or substantially similar work regardless of gender, race, or other protected characteristics. Federal Equal Pay Act covers gender pay disparities for equal work. Title VII covers all protected class pay discrimination. State laws (CA, NY, MA, CO, IL, and others) prohibit pay differences for "substantially similar" work — a broader standard. In 2026, pay transparency laws in CA, CO, NY, WA, IL, and others require salary ranges in job postings, making it easier to identify pay gaps. Workers who discover pay disparities should document comparators, gather evidence, and consult an employment attorney promptly.

A hostile work environment is created when workplace conduct based on a protected characteristic is severe or pervasive enough to alter working conditions and create an abusive environment. The conduct must be: (1) Unwelcome. (2) Based on a protected characteristic (race, sex, age, disability, religion, etc.). (3) Objectively and subjectively hostile. A single extremely severe incident can qualify. The employer is liable if it knew or should have known of the conduct and failed to take prompt corrective action. Document every incident with dates, witnesses, and your response — and report formally in writing through HR to create a paper trail.

Most employment attorneys representing workers use contingency fee arrangements — typically 33–40% of recovery, with zero fee if you don't win. The FLSA and Title VII also allow attorney's fees to be paid by the employer if you win, making attorney representation essentially free for many workers. For contract review (severance, non-compete, employment agreement), attorneys typically charge $300–$500/hour or flat fees of $500–$2,000. Employer-side employment attorneys typically charge hourly rates. LawMillion consultations are always free — no obligation, no judgment.