What Constitutes Workplace Discrimination and How to File a Claim

Dealing with workplace discrimination can be overwhelming, painful, and deeply personal. Whether you're being treated unfairly because of your race, gender, disability, age, or religion, it can feel like you're fighting an uphill battle every day just to be treated fairly.

In Southwest Missouri, workers have strong protections under both state and federal law. But knowing your rights and standing up for them isn't always easy, especially when you're worried about your job, your future, and your financial security.

That's where an experienced employment law attorney can make all the difference. Filing a discrimination claim requires preparation, a solid understanding of your legal options, and a strategy to protect yourself from retaliation. 

At Lampert Law Office, LLC, a knowledgeable attorney can explain more about workplace discrimination, the rights you are entitled to, how to file a claim, and how working with an employment lawyer can make a difficult process much more manageable.

An Intro to Identifying Workplace Discrimination

Workplace discrimination happens when an employer treats an employee or job applicant unfavorably because of a protected characteristic. Under federal law, these characteristics include race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, and genetic information.

In Missouri, the Missouri Human Rights Act (MHRA) offers additional protections for workers across Springfield, Joplin, Branson, and beyond. Under the MHRA, it's illegal for employers with six or more employees to discriminate based on race, color, religion, national origin, ancestry, sex, disability, or age.

A Few Examples of Workplace Discrimination

• Firing someone because they're pregnant

• Passing over a qualified candidate because of their race

• Paying women less than men for the same work

• Demoting an employee after they disclose a disability

• Creating a hostile work environment based on race, gender, or religion

Common Types of Workplace Discrimination

• Racial discrimination: Treating someone unfairly because of their race or characteristics associated with race (like hair texture, skin color, or facial features).

• Gender discrimination: This includes discrimination based on gender identity, sexual orientation, or sex-based stereotypes.

• Age discrimination: The Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from unfair treatment because of their age.

• Disability discrimination: The Americans with Disabilities Act (ADA) protects qualified workers with disabilities from discrimination and requires reasonable accommodations.

• Religious discrimination: Employers must reasonably accommodate an employee’s religious practices unless doing so would cause undue hardship.

How Workplace Discrimination Affects Employees

Discrimination at work doesn't just cost people their jobs. It can impact mental health, physical well-being, and future career opportunities. Victims of discrimination often experience anxiety, depression, PTSD, and physical symptoms like headaches, digestive issues, and insomnia.

According to the U.S. Equal Employment Opportunity Commission (EEOC), nearly 73,485 discrimination charges were filed in fiscal year 2022 alone. Retaliation was the most common issue, followed by disability, race, and sex discrimination.

Clearly, discrimination isn't rare. It's a serious problem that affects countless workers across Southwest Missouri, from Springfield to Ridgedale and everywhere in between.

Filing a Workplace Discrimination Claim

Filing a discrimination claim can feel intimidating, but with the right help, it becomes a powerful step toward justice.

Step 1: Gather Evidence

Before filing a claim, start collecting documentation. Save emails, text messages, performance reviews, and any written complaints. Take notes about discriminatory comments or actions, including dates, times, locations, and witnesses.

Step 2: Report the Discrimination Internally

Many employers have formal complaint procedures. Reporting the issue internally first can strengthen your claim later. However, you should consult an employment law attorney before making a complaint to understand how to protect yourself.

Step 3: File With the Right Agency

You can file a discrimination charge with the EEOC or the Missouri Commission on Human Rights (MCHR). In many cases, if you file with one agency, they’ll automatically file with the other (this is called "dual filing").

Step 4: Meet All Deadlines

You typically have 180 days to file a charge after the discriminatory act occurred. This deadline can extend to 300 days if Missouri state law also covers the discrimination. Missing these deadlines can ruin your chance to pursue your claim.

Step 5: Work With an Employment Law Attorney

An experienced employment law attorney knows how to build a strong case, negotiate effectively, and fight for your rights if your employer retaliates. They can also help you understand your options—whether that's negotiating a settlement, going through mediation, or taking your case to court.

What Compensation Could You Receive?

If you win a workplace discrimination case, you may be entitled to several types of compensation, including:

• Back pay (lost wages and benefits)

• Front pay (future wages you would’ve earned)

• Compensatory damages (for emotional distress, pain, suffering)

• Punitive damages (to punish especially bad behavior)

• Attorneys' fees and court costs

• Job reinstatement or promotion

Every case is different, but an experienced employment law attorney will help you fight for the full compensation you're entitled to receive.

What to Expect After Filing a Claim

After you file a complaint with the EEOC or MCHR, here's what typically happens:

• Investigation: The agency will investigate the facts.

• Mediation: Sometimes, you’ll be offered mediation early in the process.

• Findings: The agency will issue findings or a “right-to-sue” letter.

• Lawsuit: If necessary, you can move forward with a lawsuit in court.

The timeline for these steps can vary, sometimes taking several months or even over a year depending on the agency’s caseload and the intricacy of your claim. During this period, it’s important to keep detailed records and stay responsive to any communication from the agency. 

If you receive a “right-to-sue” letter, there’s a limited window—usually 90 days—to file a lawsuit in court. Having legal counsel ready assures you don’t miss critical deadlines and that your case continues to move forward effectively.

FAQs About Workplace Discrimination

Can I be fired for filing a discrimination claim?

Retaliation is illegal. If you're fired or treated worse for filing a claim, you could have a separate retaliation claim.

How long does a workplace discrimination claim take?

It depends. EEOC investigations can take several months or longer. If the case goes to court, it could take a year or more.

What if my employer denies discrimination?

That’s common. Discrimination is often subtle. A knowledgeable employment law lawyer can help you gather the evidence needed to prove your case.

Do I need a lawyer to file a claim?

You're allowed to file a claim without a lawyer, but having an employment law attorney significantly increases your chances of success.

Can I get emotional distress damages?

Yes. If you prove emotional harm caused by the discrimination, you could recover compensatory damages.

What if I’m still employed—can I still file?

Yes! You don’t have to quit your job to file a claim.

Turn to Lampert Law Office, LLC

If you believe you've been a victim of workplace discrimination in Southwest Missouri—including Greene County, Christian County, Neosho, Monett, Ozark, Republic, or anywhere else in the region—don't wait. Speak to an experienced employment law attorney. 

Your voice matters, and with the right help, you can move forward with strength, confidence, and a real shot at change. Call Lampert Law Office, LLC, today to learn more about your options.