‘Discrimination’ Category Archives

20
Sep

Workplace Dicrimination

by admin in Discrimination, Employment Law

There are a number of laws that prohibit certain types of discrimination in the work place. Many of these are set to protect workers from being penalized, dismissed or not considered due to a number of factors including race, skin color, national origin, gender, disability, religion, or age. But workplace discrimination laws cover all facets of employment from hiring to dismissal and even upward mobility within a company. Below we’ll discuss a few examples of employment discrimination, and what you should do if you find yourself a victim.

The first set of laws surrounds the hiring process. You will notice that many fast food restaurants place placards on their walls announcing that they are, “equal opportunity employers”. All businesses must inform employees of their rights under Equal Employment Opportunity Commission (EEOC) laws. Employers may not discriminate in the hiring or promotional process on the basis of any of the above listed factors. Additionally they may not act on or harbor stereotypical ideas about a person based on a disability, their race, color or age.

It is also illegal to discriminate against National Origin. Employers can not discriminate against an individual because of birthplace, culture or the linguistics of a ethnic group. You may also not require an employee to only speak English on the job unless you specifically inform them when they must speak English and the consequences for not doing so.

There are also stringent rules regarding Sex Discrimination. The two most commonly covered are sexual harassment and pregnancy based discrimination. Sexual harassment can range from requests for sexual favors to hostile work environments that are created to target any sex. Same sex harassment is included. Lewd comments can also be considered sexual harassment. Pregnancy based discrimination states that a employer must treat child birth, pregnancy and any related issues as they would any other temporary illness or condition. Under the Family and Medical Leave Act (FMLA) additional rights are also given to parents and caretakers, which allows eligible employees anywhere from 12-26 workweeks of un-paid, job-protected leave.

Additionally employees who are wrongfully terminated for exposing illegal practices in their workplace such as discrimination, embezzlement or wage and hour violations can not be penalized. By law these employees must be free from retaliation. This is known as “whistle blowing”. Unfortunately despite the fact that the employee merely exposed a wrong, many employees may find themselves demoted, fired or harassed. This is illegal and you are not allowed to be held in contempt for blowing the whistle.

Other regulations include:

The Americans with Disabilities Act– which requires employers to recognize that a disabled employee is “qualified” so long as they satisfy all areas of the job and requires that they be “reasonably accommodated”.

Religious Accommodation- which requires a employer to “reasonably accommodate” the religious beliefs or practices of a employee, so long as it does not interfere with their work.

Equal Pay- which prohibits differences in pay based on the sex of the employee.

If you or someone you love has been a victim of workplace discrimination contact a Workplace Discrimination Attorney to learn about your legal options. Workplace discrimination is a complex and ever changing field, and a employment lawyer who is well practiced in workplace discrimination will know all of the current rules and regulations and how to apply them to your case.