Start documenting everything immediately—dates, times, witnesses, and specific details of discriminatory incidents. Keep copies of emails, performance reviews, and any other relevant documents. Create a timeline showing patterns of discriminatory treatment and how it differs from how others are treated.

Follow your company’s internal complaint procedures if they exist, but know that this isn’t required before filing external complaints. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180-300 days of the discriminatory act, depending on your state’s laws.

Consider consulting with an employment attorney early in the process. Many offer free consultations and can guide you on the best approach for your situation, help you avoid common pitfalls, and ensure you don’t miss important deadlines. Don’t wait until the situation becomes unbearable—early action often leads to better outcomes.

When reporting discrimination to HR, be specific and factual. Clearly state that you believe you’re experiencing discrimination based on a protected characteristic—don’t just say you’re being treated “unfairly.” Provide specific examples with dates, witnesses, and details about how the treatment differs from how others are treated.

Put your complaint in writing and keep a copy for your records. Include what discriminatory actions occurred, who was involved, when they happened, and any witnesses. Request a written response and timeline for investigation. Ask about the company’s anti-retaliation policy and document that you’ve made a good faith complaint.

Be prepared that HR’s primary loyalty is to the company, not to you. While many HR departments handle complaints appropriately, some may try to minimize the situation or protect the company’s interests. That’s why it’s important to document your complaint and consider external options if the internal process doesn’t resolve the issue.

A common example is when a qualified woman is passed over for promotion repeatedly in favor of less qualified male colleagues, with supervisors making comments about women “not being tough enough” for leadership roles or assuming she’ll quit when she has children.

Another example is an older employee who receives excellent performance reviews for years, but suddenly faces criticism about being “resistant to change” and “not a good cultural fit” after a younger supervisor is hired. The employee is then excluded from training opportunities and eventually terminated while younger, less experienced workers are retained.

Discrimination can also be more subtle—like an employee with a disability who requests reasonable accommodations but is told they’re “asking for special treatment,” then faces social isolation and increased scrutiny of their work performance. These patterns of differential treatment based on protected characteristics are what make workplace treatment discriminatory rather than just unfair.

Proving discrimination requires showing that you were treated differently because of a protected characteristic. The strongest evidence is direct proof—discriminatory comments, emails, or policies that explicitly reference your protected status. However, most discrimination cases rely on circumstantial evidence that shows a pattern of unfair treatment.

Key evidence includes comparative treatment (how similarly situated employees outside your protected class were treated differently), timing (adverse actions occurring shortly after complaints or protected activity), and statistical evidence (if discrimination appears to affect multiple people in your protected class).

Document everything: performance reviews, emails, witness statements, and specific incidents with dates and details. Look for patterns rather than isolated incidents. Keep records of your qualifications and performance to counter any pretextual reasons your employer might give for adverse actions. The more comprehensive your documentation, the stronger your case becomes.