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.
Employment discrimination occurs when an employee or a prospective employee is treated less favorably than other employees or prospective employees because of their background or personal characteristics that is protected by law (sex, age, gender, religion, disability, etc) Employment or workplace discrimination may occur at anytime during when a person is looking for a job or after the person has been hired as an employee.
For example, refusing to employ someone based on their gender, age, or religion is considered employment discrimination. Another example of employment discrimination is if an employer fails to provide workplace accommodations to an employee who is disabled. All employers have the duty to make sure that every employee that works with them or is applying to work with them gets treated equally and fairly.
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
If a protected classification is involved in the employment discrimination, many types of conduct can be found to be discriminatory in the workplace, including decisions for the employer to hire, terminate, or promote solely because of the person’s race, gender, sexual orientation, marital status disability, or religion. Employers cannot discriminate when imposing work conditions or privileges, or when determining pay, bonus, or time off. Discrimination on a protected class based on the following is a violation and considered employment discrimination:
Under employment discrimination laws, employers can face repercussions for any of the following actions:
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:
Pursuing an employment discrimination claim against an employer is complicated because procedural laws vary depending on where and when you file your claim. A lawyer will help you with the filing deadlines specific to your claim. Also, because the EEOC investigators will not get to your claim immediately, a lawyer can help you investigate and pursue any additional remedies. It is also a good idea to see a work lawsuit lawyer before signing a waiver or other severance package. If you are an employer being sued for employment discrimination, you should speak to an employment lawyer immediately.
Last Modified: 04-19-2018 10:43 PM PDTLaw Library Disclaimer
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