As we all know, prejudice and discrimination are a part of life. Many people believe they must deal with bias and discrimination on their own, since laws do not change mindsets and attitudes. However, various federal laws prohibit various forms of job discrimination. Many individual states also have laws that protect people from employment bias. These laws open doors for discrimination victims to get the compensation and justice they need and deserve.
Walking through an open door sounds easy, and in many cases, it is easy. An employment discrimination claim is different. Most employers do whatever it takes to prevent job-bias victims from taking advantage of their legal protections. That is where a North Little Rock employment lawyer comes into play. An attorney is a strong advocate for your legal rights.
What is Workplace Discrimination in Simple Terms?
Workplace discrimination is the unfair treatment of an applicant, employee, or (in some cases) former employee, based on a legally-defined protected characteristic, such as race, gender, religion, age, disability, or national origin.
Discrimination can and does occur at any stage of employment, including hiring, job assignments, promotions, pay, training opportunities, disciplinary actions, and termination. Discrimination may be hidden as well. Many workplace policies appear neutral but disproportionately affect certain groups of people. More on that below.
Employment discrimination laws help ensure that employment decisions are based on merit, qualifications, and job performance rather than personal characteristics unrelated to the job description or performance issues.
Key Federal Laws That Prohibit Workplace Discrimination
Federal government efforts to end discrimination started early, with the Fifth Amendment’s equal protection clause. While progress has been uneven (at best) over the years, this commitment eventually led to the passage of:
- Title VII of the Civil Rights Act: The Civil Rights Act of 1964 is one of the most important employment laws in the United States. Title VII of the law prohibits employers from discriminating against employees based on certain protected characteristics. This law applies to employers with 15 or more employees and covers hiring, promotions, wages, and other employment decisions.
- Age Discrimination in Employment Act (ADEA): The Age Discrimination in Employment Act of 1967 protects workers who are 40 years of age or older from discrimination based on age. Employers cannot favor younger employees over older workers simply because of age. The Supreme Court recently watered down the ADEA, making it harder, but not impossible, for an employment law attorney to prove illegal age discrimination.
- Americans with Disabilities Act (ADA): The Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities. Employers must also provide reasonable accommodations that allow qualified individuals with disabilities to perform job duties they’re otherwise qualified to perform, unless doing so would create undue hardship.
- Equal Pay Act: The Equal Pay Act of 1963 mandates that men and women receive equal pay for performing substantially similar work under similar working conditions. The vague provisions in this law make it difficult to enforce, especially if the political winds are blowing in a certain direction.
Other federal antidiscrimination laws include the Pregnancy Discrimination Act, the Genetic Information Nondiscrimination Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Types of Workplace Discrimination
Workplace discrimination can take several forms. Understanding these types helps employees know when their employers cross the line:
- Disparate Treatment: Direct discrimination, or treating people differently because they’re different, includes refusing to hire someone because of pregnancy or other marital status and denying promotions to women while promoting equally qualified men. The policy at issue could be formal or informal.
- Disparate Impact: A workplace policy or practice applies to everyone but has a disproportionate negative impact on certain groups. A height requirement may unfairly target female employees, an “English Only” policy may be national origin discrimination, or scheduling requirements may conflict with religious observances.
- Harassment: Workplace harassment becomes unlawful when it is based on a protected characteristic and creates a hostile or abusive work environment. Examples include constant racial slurs or offensive jokes, repeated sexist comments, and religious harassment or intimidation. Employers have a legal responsibility to address harassment once they become aware of it, even if a third party, like a customer, is the source of that harassment.
- Retaliation: An employee outside a protected class may still be a job discrimination victim. Employers cannot punish any employees for engaging in a legally protected activity, such as reporting workplace harassment, participating in a disparate impact investigation, or encouraging an employee to file a disparate treatment claim. Retaliation can include termination, demotion, reduced hours, negative evaluations, or other adverse employment actions.
This conduct violates state and/or federal laws if the employer cannot supply a bona fide neutral explanation for the policy or behavior (e.g., our workers should only speak English with customers, or the disability accommodation request was unreasonable).
What is Not Considered Workplace Discrimination?
Not all unfair treatment qualifies as illegal discrimination. For a claim to qualify under employment law, the unfair treatment must be directly connected to a protected characteristic.
For example, the following situations may not qualify as discrimination:
- A manager disciplining an employee for poor performance,
- Personality conflicts between coworkers,
- Favoritism unrelated to protected characteristics, and
- Layoffs due to legitimate business reasons.
However, if these actions are actually motivated by discrimination, even if the bias is so deeply ingrained that the employer does not realize that it is wrong, they could still violate the law.
The Proper Response to Workplace Discrimination
Begin by carefully documenting the employer’s behavior. These detailed records should include the date and time of an incident, a description of what happened, the names of any witnesses, and copies of emails or other messages.
Next, report the matter internally. Many employers are willing to do the right thing, if for no other reason than to avoid an expensive legal battle. An internal investigation must be prompt, thorough, and transparent. Additionally, the outcome must be based solely on the evidence uncovered during the investigation.
If the quick and easy path fails to resolve the situation, employees may file complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or a similar state agency. The EEOC investigates discrimination claims and may attempt mediation between employees and employers. In most cases, employees must file administrative complaints before they partner with employment lawyers.
Rely on a Dedicated Lawyer
Options are available for job discrimination victims. For a confidential consultation with an experienced nationwide employment lawyer, contact Punchwork Law. The sooner you reach out to us, the sooner we start working for you.
