Discrimination in the workplace can take many forms—some obvious, some subtle. When it leads to a person being fired because of who they are rather than how they perform, it crosses the line into wrongful termination. If you believe you were let go because of your race, gender, age, disability, or another protected characteristic, you may have a legal case worth pursuing.

In this post, we’ll explore how discrimination can lead to wrongful termination, what the law protects, and how to recognize the signs that your firing may have been illegal.

What Is Discriminatory Termination?

Discriminatory termination occurs when an employer fires an employee based on a protected characteristic rather than performance, conduct, or legitimate business needs. This type of termination is a violation of federal civil rights laws, as well as many state and local statutes.

The key element is motive: If you were fired not for what you did, but for who you are, the law may be on your side.

Protected Characteristics Under Federal Law

Under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and other federal laws, employers may not fire employees based on:

  • Race or color
  • National origin
  • Religion
  • Sex, including gender identity and sexual orientation
  • Pregnancy
  • Age (if you are 40 or older)
  • Disability

Many states and cities offer additional protections, such as for marital status, political affiliation, or medical conditions not covered by federal law.

Common Examples of Discriminatory Firing

Some forms of discrimination are easy to spot. Others are hidden behind vague or inconsistent explanations. Below are examples of how discrimination might play a role in a wrongful termination case:

  • A qualified Black employee is terminated after consistently outperforming coworkers who are not held to the same standard.
  • A pregnant employee is fired shortly after disclosing her pregnancy or requesting accommodations.
  • An older employee is replaced by a significantly younger hire, even though the older employee has a clean performance record.
  • A disabled worker is terminated shortly after requesting a reasonable accommodation under the ADA.
  • A gay employee is fired shortly after revealing their sexual orientation to management, despite years of strong performance.

If the timing seems suspect or the stated reason doesn’t match your experience, discrimination may be involved.

Discrimination Is Often Hidden Behind Pretext

Very few employers will openly admit to firing someone for a discriminatory reason. Instead, they may offer a pretext—a false or exaggerated explanation to justify the termination.

Common examples include:

  • Claiming “poor performance” despite positive reviews
  • Suddenly creating new rules or policies used to justify only one employee’s firing
  • Alleging “restructuring” or “downsizing” when the employee’s job is quickly filled by someone outside the protected group

If the employer’s stated reason for termination doesn’t match the facts, it may be a cover for illegal discrimination.

How to Prove Discriminatory Termination

To prove you were fired due to discrimination, you’ll need to show that:

  1. You belong to a protected class (e.g., based on race, gender, age, disability, etc.)
  2. You were qualified for your position and performing satisfactorily
  3. You were fired, laid off, or forced to resign
  4. Your termination was under circumstances that suggest discrimination (e.g., replaced by someone outside your protected class, treated differently than peers, discriminatory comments made, etc.)

Direct evidence—like emails or statements—can be powerful, but most cases are proven through patterns, timing, and comparisons. For example, if coworkers with similar or worse performance were not fired, but you were—and you’re the only member of a protected group—that’s a red flag.

What to Do If You Suspect Discriminatory Termination

  1. Document Everything
     Save performance reviews, written feedback, emails, or notes that show your work was satisfactory. Write down any suspicious comments, events, or timing.
  2. Request Your Personnel File
     In many states, you have the right to request your employee file. This can help you understand how your employer documented your performance and reasons for termination.
  3. File a Complaint
     In most discrimination cases, you must file a charge with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency before you can sue. There are strict time limits—usually 180 or 300 days from the date of termination—so act quickly.
  4. Consult a Discrimination Attorney
     An employment attorney can help you assess your case, handle the legal filings, and represent you if you decide to move forward with a lawsuit.

What You May Be Entitled To

If your claim is successful, you could receive:

  • Back pay (lost wages and benefits)
  • Reinstatement (in some cases)
  • Compensatory damages (for emotional distress)
  • Punitive damages (if the employer’s behavior was especially egregious)
  • Attorney’s fees and court costs

Your case might also encourage change within the company to prevent future discrimination.

Final Thoughts

Being fired for who you are is not just unfair—it’s illegal. If you suspect your termination was based on race, gender, disability, age, or another protected trait, don’t assume your hands are tied.

The law offers strong protections against discrimination in the workplace. An experienced wrongful termination lawyer can help you uncover the truth and fight for the justice—and compensation—you deserve. We recommend wrongful termination lawyers maryland.