DiscriminationWhat Is Workplace Discrimination?The statutes enforced by U.S. Equal Employment Opportunity Commission make it illegal to discriminate (treat less favorably) against employees or applicants for employment on the basis of race, color, religion, sex, national origin, disability, or age. Other than the Equal Pay Act, EEOC laws do not cover organizations with fewer than 15 employees.
The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. Figuring out how much time you have to file a charge is complicated. Depending on where the incident occurred, you typically have 180 or 300 days to file a charge. Filing a charge is required if you want the EEOC to investigate your complaint or if you want to sue your employer in court one day. Race DiscriminationTreating someone less favorably because of his/her race or color in regard to hiring, firing, promotion, pay, job training, or any other term, condition, or privilege of employment. This includes employment decisions based on stereotypes and assumptions about abilities, traits, or performance of individuals of certain racial groups. It also includes unfavorable treatment because of marriage to or association with an individual of a different race. Color DiscriminationTreating someone less favorably because of his/her color in regard to hiring, firing, promotion, pay, job training, or any other term, condition, or privilege of employment. Color discrimination occurs when individuals are treated differently than others who are similarly situated because of the color of their skin. Color discrimination can occur in the absence of race discrimination when members of the same race are treated differently because of their skin color. Religious DiscriminationTreating someone less favorably because of his/her religion in hiring, firing, promotion, pay, job training or any other term, condition or privilege of employment. In addition, employers are required to reasonably accommodate the religious practices of an employee or job applicant, unless to do so would cause significant difficulty or expense for the employer. Flexible scheduling, voluntary shift substitutions or swaps and job reassignments are examples of how an employer might accommodate an employee's religious beliefs. Sexual DiscriminationGender/Sex-Based Discrimination: Treating someone less favorably because of his/her sex in regard to hiring, firing, promotion, pay, job training, or any other term, condition, or privilege of employment. This includes employment decisions based on stereotypes and assumptions about the abilities, traits, or the performance of individuals on the basis of sex. Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature may constitute sexual harassment. Pregnancy-Based Discrimination: Treating someone less favorably because of pregnancy, childbirth, or related medical conditions. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. Equal Pay: The Law requires that men and women be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal. National Origin DiscriminationTreating someone less favorably because they come from a particular country or part of the world, because of ethnicity or accent, or because it is believed that they have a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality. National origin discrimination may also involve language issues, for example, an employer may not base a decision on an employee's foreign accent unless the accent materially interferes with job performance. An English fluency requirement is only permissible if required for the effective performance of the job. An "English-only" rule must be adopted for nondiscriminatory reasons and may be used if it is needed to promote the safe or efficient operation of the employer's business. Disability-Based DiscriminationTreating a qualified individual with a disability less favorably in job application procedures, hiring, firing, promotion, pay, harassment, job training, and other terms, conditions, and privileges of employment. An individual "with a disability" is a person who has a physical or mental impairment that substantially limits one or more major life activities or has a record of such an impairment or is regarded as having such an impairment. A "qualified individual" is someone who satisfies the job requirements and who can perform the essential functions of the job with or without reasonable accommodation. Employers are also required to reasonably accommodate an employee or applicant with a disability unless doing so would cause significant difficulty or expense for the employer. Examples of a "reasonable accommodation" include making adjustments to the workplace or method of work, job restructuring, giving an employee unpaid leave, transferring an employee to a vacant job that she or he can do, changing an employee's work schedule, or hiring an interpreter. It is also unlawful to discriminate against an employee because of his or her relationship with a person with a disability. Age DiscriminationTreating someone less favorably because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The law only applies to individuals who are 40 years of age or older. Protect yourself from discrimination on the job or find out what you can do if you've been the victim of workplace discrimination. You can also build a strong defense if you're interviewing and looking for a new job as the discrimination laws also apply to employment agencies and prospective employers.
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