---
title: Employment Discrimination Claims
description: An overview of the legal standards, elements, and remedies for employment discrimination claims in the United States.
keywords: [employment discrimination, civil rights, Title VII, ADEA, ADA]
category: law
---

## Introduction to Employment Discrimination Claims

Employment discrimination claims arise when an employer takes an adverse action against an employee on the basis of the employee's protected characteristics, such as race, color, religion, sex, national origin, age, or disability. These claims are governed by a complex web of federal and state laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). To prevail on an employment discrimination claim, an employee must demonstrate that the employer's actions were motivated by the employee's protected status and caused the employee to suffer tangible harm.

## Protected Characteristics and Adverse Actions

The primary federal statutes prohibiting employment discrimination, Title VII, the ADEA, and the ADA, each protect against discrimination on the basis of specific characteristics. Title VII prohibits discrimination on the basis of race, color, religion, sex, and national origin. See 42 U.S.C. § 2000e-2(a). The ADEA prohibits discrimination against individuals aged 40 and older. See 29 U.S.C. § 623(a). The ADA prohibits discrimination on the basis of disability. See 42 U.S.C. § 12112(a).

An adverse employment action that can form the basis of a discrimination claim includes a wide range of employer conduct, such as failure to hire, termination, demotion, reduction in pay or benefits, or other actions that materially alter the terms and conditions of employment. See Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 761 (1998). The employee must demonstrate that the adverse action was causally linked to the employee's protected characteristic. See Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 362 (2013).

## Establishing a Prima Facie Case

To establish a prima facie case of employment discrimination, the employee must demonstrate four elements: (1) the employee is a member of a protected class; (2) the employee was qualified for the position; (3) the employee suffered an adverse employment action; and (4) the adverse action occurred under circumstances giving rise to an inference of discrimination. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). The burden of establishing a prima facie case is not onerous, but rather serves to eliminate the most obvious, lawful reasons for the employer's actions. See Tex. Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 (1981).

Once the employee establishes a prima facie case, the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason for the adverse action. See McDonnell Douglas, 411 U.S. at 802. If the employer meets this burden of production, the employee then has the opportunity to demonstrate that the employer's proffered reason is merely a pretext for unlawful discrimination. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 143 (2000).

## Specific Legal Standards

The specific legal standards for employment discrimination claims vary depending on the protected characteristic at issue. For claims of race, color, religion, sex, or national origin discrimination under Title VII, the employee must demonstrate that the protected characteristic was a "motivating factor" in the employer's decision. See 42 U.S.C. § 2000e-2(m).

For age discrimination claims under the ADEA, the employee must demonstrate that age was the "but-for" cause of the adverse action, meaning that the employee would not have suffered the adverse action but for their age. See Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 176 (2009).

For disability discrimination claims under the ADA, the employee must demonstrate that the employer failed to provide a reasonable accommodation for the employee's known disability, unless doing so would have imposed an undue hardship on the employer. See 42 U.S.C. § 12112(b)(5)(A).

## Remedies for Employment Discrimination

Employees who prevail on an employment discrimination claim may be entitled to a range of remedies, including back pay, front pay, reinstatement, and compensatory and punitive damages. See 42 U.S.C. § 1981a(a)(1). The availability and amount of these remedies will depend on the specific facts of the case and the applicable statutory framework.

For example, under Title VII, a prevailing employee may recover back pay, front pay, and compensatory damages for emotional distress, up to a statutory cap. See 42 U.S.C. § 1981a(b)(3). Punitive damages may also be available if the employee demonstrates that the employer acted with "malice or with reckless indifference" to the employee's federally protected rights. See 42 U.S.C. § 1981a(b)(1).

Under the ADEA, a prevailing employee may recover back pay and liquidated damages in an amount equal to the back pay award if the employer's violation was willful. See 29 U.S.C. § 626(b). Reinstatement or front pay may also be available, but compensatory and punitive damages are not recoverable under the ADEA.

Finally, under the ADA, a prevailing employee may recover back pay, front pay, and compensatory damages for emotional distress, up to a statutory cap. See 42 U.S.C. § 1981a(b)(3). Punitive damages may also be available if the employee demonstrates that the employer acted with "malice or with reckless indifference" to the employee's federally protected rights. See 42 U.S.C. § 1981a(b)(1).

## Conclusion

Employment discrimination claims are a complex and evolving area of law, with a variety of federal and state statutes governing the standards, elements, and remedies available to employees. To prevail on such a claim, an employee must demonstrate that the employer's adverse action was motivated by the employee's protected characteristic and caused tangible harm. The specific legal standards and available remedies will depend on the particular protected characteristic at issue. Employers and employees alike must remain vigilant in understanding and complying with the relevant laws to ensure a fair and equitable workplace.