Under Title VII and other federal antidiscrimination laws, an employee must file a "charge" with the local office of the Equal Employment Opportunity Commission (EEOC) before bringing a lawsuit in court.

Also it is important to note that Title VII has a very short statute of limitations, which varies by state. In some states, you must file your charge within as little as 180 days after an incident of discrimination. In others, the deadline is 300 days. What you say in your charge can be very important to your case. If possible, you should consult with an attorney before filing a charge. However, it is more important not to file your charge too late; in some instances, a charge can be amended, for example to add class claims.

The EEOC has up to 180 days to investigate your charge. The agency might issue a "determination," or a conclusion about whether there is "probable cause" to believe that you experienced discrimination. Or the agency might simply issue a "right to sue" letter. You may also request this letter at any time after the 180-day period expires, or in some cases earlier. But it is important to note that once you receive that letter, you have only 90 days to file your case in court.

What kind of evidence do I need to prove that I was discriminated against?
Overt evidence of bias is relatively rare these days. More commonly, plaintiffs prove discrimination by showing that the employer treated members of the protected class inequitably compared to other employees. The law allows a jury to infer that discrimination has occurred even though there may be no direct evidence of it.

You are not responsible for providing your attorney with all of the evidence necessary to prove your case before the fact. Instead, evidence is collected during a process called "discovery" that occurs after a lawsuit is filed. Discrimination is usually proved using documents, statistical evidence, experts in areas such as stereotyping and human resources, the individual stories of plaintiffs, and the testimony of managers and other witnesses.

More specifically, any or all of following kinds of evidence can show discrimination:

Statistical evidence, such as data that compare the promotion rates for African-American and white employees in a private company, or the salaries of women and men.

What the courts call "direct evidence," which includes racist comments and other prejudiced statements (i.e. , the "n" word, "you're too old to keep up," "women just can't handle this job"), and similar kinds of evidence.

Evidence of "comparators," or co-workers who are similarly situated but differ in race or gender. For example, if you are a woman and you believe you were not promoted because of your gender, being able to point to specific male co-workers with similar or less education, seniority, skills or other qualifications who nevertheless were promoted is extremely important.

Evidence of historical patterns and company trends, such as the fact that there has never been an African-American promoted to a senior management position, or there appears to be a glass ceiling at the mid-management level.