Guide · Labor and Employment

Employment Discrimination Charges: A Comprehensive Guide to Title VII, the ADEA, the ADA, and the EEOC Process

42 U.S.C. § 2000

Type
Guide
Jurisdiction
National
Date
2025-06-21
Topic
Labor and Employment

This guide covers employment discrimination law from the first suspicion through remedies, for employees, employers, and counsel. Part 1 covers the statutes, employer thresholds, protected characteristics, and the section 1981 exception that has no charge requirement and no damages caps. Part 2 covers the charge requirement and the deadlines that end most claims, including the Morgan distinction between discrete acts and hostile environment claims and the paycheck rule for compensation. Part 3 covers the proof frameworks: direct evidence, McDonnell Douglas burden shifting, and what pretext actually looks like in practice. Part 4 covers causation standards, which differ by statute and make age claims materially harder. Part 5 covers disparate impact, which requires no intent and is systematically underused, and Part 6 covers harassment and the Faragher-Ellerth affirmative defense that decides those cases. Part 7 covers retaliation and its broader adverse action standard. Part 8 covers disability, accommodation, and the interactive process, and Part 9 covers the agency process from filing through the ninety-day right to sue window. Part 10 covers remedies, damages caps, and separation agreement waivers, and Parts 11 through 13 cover evidence preservation, employer practice, and state law.

Employment Discrimination Charges: A Comprehensive Guide to Title VII, the ADEA, the ADA, and the EEOC Process

Labor and Employment > Discrimination | Published 21 June 2025 - Updated 17 June 2026 | UpLaw - uplaw.us

The first question in every one of these cases is not whether discrimination occurred. It is what day the employee was told.

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