Facing discrimination at work is more than frustrating. If your employer treated you unfairly because of your race, gender, age, disability, religion, or other protected status, you may have a legal claim. But proving discrimination takes more than a feeling or a gut instinct. You need evidence. You need a clear narrative. And you need to understand what the law requires.

Understanding the Legal Standard

To successfully prove employment discrimination, you must show that your employer took an adverse action against you because of your protected characteristic. “Adverse action” means something significant—termination, demotion, a pay cut, denial of a promotion, or harassment that creates a hostile work environment.

You generally need to prove three things:

1. You’re part of a protected class. This is usually straightforward. If you're over 40, you’re protected by the Age Discrimination in Employment Act (ADEA). If you have a disability recognized under the Americans with Disabilities Act (ADA), you fall under that law’s protection.
2. You experienced an adverse employment action. It’s not enough to feel excluded or overlooked. The law focuses on concrete actions that harmed your employment status—getting fired, passed over, or pushed out.
3. There’s a link between the two. You must show that your employer took the action because of your protected status. This is where most cases are won or lost.

How to Prove Employment Discrimination Happened

Discrimination cases rarely come with a smoking gun. Most employers won’t admit they fired you because of your race or denied you a promotion because of your pregnancy. Instead, you build your case by assembling facts that point to discrimination.

Here are three key methods:

Direct Evidence

This includes written or verbal statements that show bias. A manager’s email saying “we need someone younger for this role” or a comment during a meeting mocking your accent can be powerful. But direct evidence is rare.

Circumstantial Evidence

Most cases rely on this type of proof. You show that the circumstances around the adverse action support a conclusion of discrimination. That typically means:

• You were qualified for the job or promotion
• You were treated worse than others not in your protected class
• The employer’s reason for the action doesn’t hold up under scrutiny

Comparator Evidence

You can also strengthen your case by comparing how others were treated in similar situations. If a white employee with the same job made a similar mistake but wasn’t fired, that comparison matters. Courts look at how others were disciplined, promoted, or given opportunities.

Document Everything and Act Quickly

Employment discrimination cases are time-sensitive and document-heavy. Preserving evidence early can make or break your claim.

Here’s what to do:

• Save written communications. Keep copies of emails, performance evaluations, text messages, and memos that show how you were treated—or how others were treated differently.
• Keep a timeline. Write down what happened, when, and who was involved. Memories fade. A written record helps keep your story consistent.
• Use internal reporting channels. If your employer has a process for reporting discrimination, use it. File a formal complaint with HR or your agency’s EEO office. Even if it doesn’t resolve your situation, it shows you followed procedures.

Deadlines matter, but they’re different depending on your job.

• Private sector and most state or local government workers usually have 180 days to file a charge with the EEOC. This may extend to 300 days if your state or city has its own anti-discrimination laws and enforcement agency.
• Federal employees and job applicants have much tighter deadlines. You must contact an EEO Counselor within 45 days of the discriminatory event. After counseling or mediation, if no resolution is reached, you’ll have just 15 days to file a formal complaint with your agency.

Don’t quit without a plan. If you're still employed and able to document ongoing mistreatment, you may be in a stronger position. Leaving a job too soon can make it harder to collect evidence or argue damages, though every case is different.

What Counts as Discrimination—And What Doesn’t

Not every bad experience at work is discrimination.

Examples of what might be actual discrimination:

• A manager tells a pregnant employee she’s “too much of a liability” and fires her.
• A 60-year-old is replaced by a 30-year-old with less experience after being told the company “needs new energy.”
• An African-American employee is written up for being “unprofessional” for the same behavior white coworkers aren’t even questioned about.
• A gay employee is repeatedly called slurs by a supervisor, and HR does nothing.

Examples of what might not be discrimination:

• Your boss is a jerk to everyone.
• You didn’t get a raise because the company is cutting budgets.
• A coworker got promoted because they’ve been at the company longer.
• You and your manager just don’t get along.

The difference is motive. Discrimination laws don’t cover bad management, office politics, or personality conflicts. They cover unfair treatment because of who you are—and only if it affects your job in a serious way, like firing, demotion, harassment, or being denied opportunities.

Talk to an Employment Lawyer Early

Navigating how to prove employment discrimination cases can be complex, especially when you’re dealing with retaliation, multiple protected categories, or subtle forms of bias. Talking to a lawyer early helps you understand your rights, weigh your options, and avoid missteps.

At Crowley So LLP, we represent employees across Washington, D.C., and beyond. If you’ve been discriminated against at work—or even if you’re just not sure—we’re here to listen, review your case, and guide you toward your next step. Contact us today to schedule a consultation and take control of your workplace situation.