Discrimination and Retaliation at Target: Recognizing Violations and Protecting Your Rights (USA)

Federal anti-discrimination laws provide powerful protections for Target employees at every stage of employment. As a large employer, Target is covered by all major federal statutes, and these laws set minimum standards that apply nationwide—regardless of where you work.

Key Federal Anti-Discrimination Laws

• Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. It applies to employers with 15 or more employees.

• Americans with Disabilities Act (ADA) bars discrimination against qualified individuals with disabilities and requires reasonable accommodations. It also covers employers with 15 or more employees.

• Age Discrimination in Employment Act (ADEA) protects employees age 40 and older from discrimination. It applies to employers with 20 or more employees.

• Equal Pay Act requires equal pay for equal work, regardless of sex, and covers nearly all employers.

• Pregnancy Discrimination Act ensures pregnant employees are treated the same as others with similar work limitations.

• Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on genetic information.

These laws protect you from hiring through termination, covering job assignments, promotions, pay, discipline, scheduling, and all other terms and conditions of employment.

Types of Discrimination at Target

Discrimination can be overt or subtle. Recognizing the different forms is crucial:

• Disparate treatment: Intentional discrimination, such as denying a promotion because of race or sex, or disciplining one group more harshly than others.

• Disparate impact: Neutral policies that disproportionately harm a protected group without business necessity, like a strength test that screens out women for jobs that don’t require it.

• Harassment: Unwelcome conduct based on a protected characteristic that creates a hostile work environment—such as slurs, sexual comments, or mocking disabilities.

• Failure to accommodate: Not providing reasonable accommodations for disability or religion, or not engaging in the interactive process.

• Pregnancy discrimination: Denying light duty or schedule changes to pregnant employees when others with medical needs receive them, or forcing pregnant employees onto leave unnecessarily.

Recognizing Discrimination vs. Unfair Treatment

Not all unfair treatment is illegal discrimination. It may be discrimination if:

• The treatment is connected to a protected characteristic,

• Similarly situated employees outside your group are treated better,

• The employer’s stated reason is inconsistent or doesn’t make sense,

• There’s a pattern affecting others in your group,

• Decision-makers have made biased comments.

It’s probably not discrimination if everyone is treated the same, there’s a legitimate business reason, and standards are applied consistently.

Comparators are key: You must show that employees in similar roles, with similar performance, are treated differently based on a protected characteristic.

Retaliation: What It Is and How to Spot It

Retaliation occurs when Target takes adverse action because you engaged in protected activity, such as:

• Filing a discrimination complaint (internally or with the EEOC),

• Participating in an investigation,

• Opposing discriminatory practices,

• Requesting accommodations,

• Supporting a coworker’s complaint.

Adverse actions include termination, demotion, pay cuts, schedule changes, denial of promotions, negative reviews, increased scrutiny, or exclusion from opportunities. Timing is often key—if negative action follows soon after protected activity, it may be retaliation. You’re protected even if your original complaint turns out to be mistaken, as long as you had a reasonable, good faith belief.

Documenting Discrimination and Retaliation

Strong documentation is essential:

• What to document: Specific incidents (dates, times, what happened, who was involved), protected characteristic or activity, how comparators are treated, witnesses, your performance and qualifications, and the employer’s stated reasons.

• How to document: Keep a contemporaneous log, save emails/texts/written warnings, preserve evidence, and be factual. Don’t delete anything relevant, and try to secure documentation before losing access.

Internal Complaint Procedures

Before going to external agencies, use Target’s internal complaint process:

• Report to your supervisor, or HR if your supervisor is involved.

• Use Target’s ethics hotline or formal complaint channels.

• Put your complaint in writing, be specific, and keep copies.

• Target should investigate and respond. If you’re not satisfied, escalate or file externally.

Retaliation for internal complaints is illegal—document any negative treatment after you complain.

Filing an EEOC Charge

If internal resolution fails, file a charge with the EEOC:

• Deadlines: 180 days from the act (300 days if your state has its own agency).

• How to file: Online (publicportal.eeoc.gov), in person, or by mail.

• What to include: Your and Target’s info, protected characteristic, description and dates of discrimination, names of those involved, and why you believe it was discrimination.

The EEOC may offer mediation, investigate, and issue a determination. If the EEOC doesn’t pursue your case, you’ll get a “Right to Sue” letter.

State and Local Protections

Many states and cities have their own anti-discrimination laws, which may:

• Cover more protected characteristics (e.g., sexual orientation, marital status),

• Apply to smaller employers,

• Offer longer deadlines or greater damages,

• Provide additional remedies.

Filing with the EEOC often “cross-files” with your state agency, but you can also file directly with your state or local agency.

Remedies for Discrimination and Retaliation

If you win your case, remedies may include:

• Back pay for lost wages,

• Front pay if reinstatement isn’t possible,

• Reinstatement to your job,

• Compensatory damages for emotional distress,

• Punitive damages (capped at $300,000 for large employers under federal law),

• Attorney’s fees and costs,

• Injunctive relief (policy changes).

State law may allow higher damages or no caps.

Using Caira to Organize Your Documentation

Caira can help you:

• Structure your evidence,

• Identify comparators,

• Prepare for EEOC or state agency filings,

• Understand legal standards and deadlines.

What to organize: Logs of incidents, communications, performance reviews, evidence of how others are treated, internal complaints, and responses.

Questions to ask Caira:

• “What are the elements of a Title VII claim?”

• “How do I identify comparators?”

• “What should I include in an EEOC charge?”

• “What’s the deadline in my state?”

• “Does this pattern suggest discrimination?”

Review Checks for Discrimination and Retaliation

• What protected characteristic or activity is involved?

• How are similarly situated employees treated?

• What is Target’s stated reason, and does it make sense?

• Is there a pattern or evidence of pretext?

• Have I documented everything and saved communications?

• Am I within the deadline for filing?

• Have I consulted with an attorney or support resource?

Caira can help. She's delightful to chat to.

She helps you feel more confident and less anxious about employment law issues—whether you’re facing discipline, termination, or just want to understand your rights. Backed by 50,000 legal documents for all 50 states, Caira can:

• Answer your questions instantly 24/7.

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This information is for educational purposes and is not legal, financial, or tax advice. Outcomes vary depending on the evidence submitted and its strength. Discrimination cases are highly fact-specific.