Most states and the federal government have laws that prohibit private persons, organizations or governments from discriminating against people because of certain protected characteristics. In employment, individuals are protected from discrimination by employers under the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities in Employment Act, and other federal and state laws.
Employment discrimination in the workplace refers to federal and state laws that prohibit employers from treating workers differently based on certain qualities unrelated to their job performance.
Types of Discrimination in the Work Place
Sexual Discrimination
Under the Equal Pay Act of 1963, employers are prohibited from discriminating on the basis of an employee’s sex in the payment of wages. Employees of different sexes may not be denied equal compensation for performing substantially equal work in the same establishment. However, sexual discrimination does not only apply to wages. Some other examples of sexual discrimination include:
- Hiring (e.g. an applicant, with excellent credentials and qualifications is denied employment on the basis of sex)
- Firing (e.g. a female employee is let go due to “cutbacks,” while a male employee with less seniority remains employed)
- Promotion (e.g. female employee who has been with a company for a long time is passed over for a promotion for a male with less experience)
- Job Classification (e.g. female employee denied right to a title that would typically be given to a man with the same responsibilities. Many times, compensation is adjusted by job classification.)
- Benefits (e.g. requiring female employees to use sick and vacation days for maternity leave, while offering long-term disability plans for male employees who sustain an injury)
- Training Opportunities (e.g.sending employees of only one sex for special training sessions that are developed to enhance job performance)
Age Discrimination
The Age Discrimination in Employment Act of 1967 protects employees over the age of 40 from discrimination in the workplace. Under the Act, employers are prohibited from:
- Refusing to hire or discharge an employee;
- Offering different compensation, terms, or conditions of employment; and
- Limiting, segregating, or classifying an employee in a way that would adversely affect their employment opportunities.
Employers and employment agencies may not fail or refuse to refer an individual for employment on the basis of age.
Disability Discrimination
Titles I and V of the American with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 prohibits employment discrimination of qualified individuals due to a disability. This applies to both private and government positions. Acts of discrimination based on disability may include:
- Denying an aid, benefit, or service that is provided to other employees;
- Providing different aids, benefits, or services unless necessary;
- Denying the opportunity to participate as a member for a planning or advisory board;
- Imposing eligibility criteria that screen out those with disabilities, unless vital to the execution of the position; or
- Administering programs, services, and activities that do not meet the needs of qualified individuals with disabilities.
Religious Discrimination
Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, firing, and other terms of employment based on a person’s religious affiliation or beliefs. Religion is broadly defined to include “moral or ethical beliefs about right are wrong that are sincerely held with the strength of traditional religious views.” The Act requires employers to accommodate the religious practices of an employee unless doing so would create an undue hardship for the company. The Act is intended to protect employees from intimidation, abusive ridicule, insults, or slurs and ensure a safe and non-hostile work environment.
The Act prohibits harassment or other discrimination based on:
- Affiliation: simply for affiliating with a particular religious group;
- Physical or Cultural Traits: certain traits, such as accent, language, or dress related to the religion;
- Perception: the mere belief an employee or potential employee is a member of a particular religious group;
- Association: a relationship or connection with a person or organization of a particular religion.
Employer Retaliation
To protect employees who want to file a lawsuit or complaint against their employer, state and federal labor laws prohibit employers from engaging in retaliatory behavior. If an employee files a lawsuit or complaint for racial discrimination in the workplace, employers are prohibited, by law, from terminating, demoting, harassing, refusing promotions, altering benefits, forcing an unpaid leave of absence, or changing job assignments in retaliation.
Employees who have filed a lawsuit or complaint concerning racial discrimination in the workplace and have experienced retaliation may be entitled to additional damages.
Proving Workplace Discrimination
To prove employment discrimination, you must show that the employer intended to treat you differently because of the characteristic. This intent can also be demonstrated if the employer has treated a lot of other persons with the same protected characteristic unfairly.
Protected Classes/Characteristics for Employment Discrimination
- Race or Color
- National Origin
- Sex
- Religion
- Age
- Disability
- Pregnancy
- Sexual orientation (in some states and cities)
Filing for Discrimination in the Work Place
Pursuing an employment discrimination claim can be complex especially for those who do not have a lawyer to assist them. Here are the steps to pursue an employment discrimination claim:
- File a Claim with EEOC: The process starts by filing a complaint with the EEOC. Most claims must be brought to the attention of the EEOC, before the employee will be allowed to file a lawsuit. The EEOC requires claims to be filed within 180 days Claims can be filed with the EEOC in person or by mail. The EEOC needs basic information to allow it to investigate, such as contact information for the employee and employer, and the date of the discrimination incident.
- EEOC Investigation: The EEOC will investigate the matter and gather all of the documentation it needs.
- After Investigation: Following its investigation, if the EEOC finds discrimination did occur; the EEOC will work with both parties to attempt a settlement.
- File a Lawsuit: If a settlement between the parties is unsuccessful, the EEOC will either file a lawsuit on the employee’s behalf for the discrimination claim.