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.
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