What is Employee Discrimination? Understand Your Rights at Work
Workplace discrimination is still a reality for many people today. Imagine being mistreated because of your age, disability, race, color, religion, sex, or any part of your identity. Unfair employment practices can seriously impact your mental state and future job opportunities.
At Lazaro Law Group, we have worked on various workplace discrimination lawsuits. We have helped clients understand discrimination laws and provided the best legal support to employees in a hostile work environment so they can experience a work environment free from unfavorable treatment.
We’ll take you through many forms of discriminatory treatment, discrimination laws, and how to report discrimination.
What is Employee Discrimination?
Many job applicants experience employment discrimination because of race, color, religion, sex, disability, or national origin. Many employees also face age discrimination, gender discrimination, or sexual harassment due to their sexual orientation because of unconscious biases in employment practices.
Workplace discrimination can be obvious, like being denied a promotion because of racial discrimination or subtle, like when you get assigned fewer projects.
Discrimination can happen in many forms in a work environment. The good news is that you are protected by anti-discrimination laws, including federal laws, state and local laws.
Examples of Workplace Discrimination
- Rejecting job applicants because of national origin or accent
- Being paid less than other job applicants for the same job
- Gender discrimination or sexual harassment
- Being fired for taking family or medical leave
- Unwelcome conduct based on discrimination from co-workers
Sometimes, employment agencies display both intentional discrimination and unconscious biases. Regardless of the reason, discriminatory practices violate federal laws, which is why employment laws help you report discrimination and file a discrimination lawsuit.
What is a Protected Class?
Employees and job applicants, including federal employees, facing workplace discrimination fall under a group or protected class and are protected by federal laws.
If an employer treats you unfairly because of your national origin, disability, sexual orientation, religious beliefs, or through other employment practices, it creates a hostile work environment, and there are workplace discrimination laws that address this unfavorable treatment.
Let’s look at some protected characteristics and the federal laws that defend them.
- Protected characteristics such as a person’s race, color, religion, sex, and national origin – Title VII of the Civil Rights Act
- Age discrimination for those 40 and above – The Age Discrimination in Employment Act
- Physical disability – The Americans with Disabilities Act
Gender identity, sexual orientation, and transgender status are covered under federal laws and state and local laws.
Other protected activities include religious beliefs, genetic information, and military status.
Keep in mind, employment laws differ among local governments.
What Does Workplace Discrimination Look Like?
If you face gender discrimination or sexual harassment or notice that an employer treats job applicants unfairly based on their national origin, sexual orientation, or gender identity, you can report discrimination in your work environment.
While some cases of workplace discrimination against the protected class may seem like intentional discrimination, some are due to unconscious biases, such as discrimination against a person’s race or religious beliefs.
Either way, workplace discrimination laws help you report discrimination to local governments and hold employers accountable.
Common Instances Of Workplace Discrimination
- Qualified job applicants are denied a job or promotion due to age, gender discrimination, genetic information, or disability.
- Women are paid less than male applicants for the same role, a case of different wages.
- An employee with a disability is denied reasonable accommodations like flexible schedules or special equipment.
- An LGBTQ+ worker experiences unwelcome conduct based on sexual orientation.
- An employee is bullied or experiences sexual harassment, creating a hostile work environment.
Workplace discrimination based on any of these protected characteristics is considered illegal harassment and is prohibited under federal laws, allowing you to report discrimination to your employer.
Which Laws Protect You?
Several anti-discrimination laws cover protected activities related to employment and protect your legal rights.
Title VII of the Civil Rights Act
Defends employees who face discrimination based on race, color, religion, sex and national origin. It also covers gender discrimination, sexual harassment and a hostile work environment.
The Equal Pay Act
Ensures an employer provides equal pay for equal work, creating a fair work environment.
The Americans with Disabilities Act
Ensures an employer treats an employee with a disability fairly and provides reasonable accommodations.
The Age Discrimination in Employment Act
Protects employees age 40 and older from age discrimination employment practices.
The Genetic Information Nondiscrimination Act
Stops an employer from using genetic information or medical history to influence employment opportunities.
These workplace discrimination laws apply to employment agencies, labor organizations, federal employees, companies with federal contracts, and local governments. State and local laws offer further protection against protected activities.
How Do You Prove Discrimination?
If you are in a hostile work environment, it is important to gather evidence and file a discrimination lawsuit to prove discrimination.
This includes proof that you are a protected class based on your age, disability, gender identity, national origin, sexual orientation, or genetic information.
You also need to show proof of the unwelcome conduct or sexual harassment.
Lastly, to report discrimination, you need to show that the unfavorable treatment was clearly because of your identity or disability and not your job performance.
How Do I Collect This Evidence?
Write down dates and specific details about each incident and how an employer treats you. Include details about a disability, denial of reasonable accommodations, or illegal harassment.
Save employer emails, messages or comments. Talk to co-workers who have witnessed discrimination in your work environment.
Keep records of the discriminatory practices or employment policies.
You can also reach out to an employment attorney or government agency, like the Equal Employment Opportunity Commission, or make an online inquiry to discuss the workplace discrimination.
How to Report Discrimination
If you face discrimination in your work environment, there are ways to protect yourself and your future employment opportunities.
Steps To Report Workplace Discrimination
Start by informing your HR department or supervisor about the employment discrimination.
If the discriminatory treatment persists, file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state agency.
Keep copies of any workplace discrimination reports. Speak to a lawyer to explore your legal options, including whether to file a discrimination lawsuit.
It is important to note the time limit to report discrimination, which is often within 180 or 300 days.
What Legal Remedies Can You Get?
If your discrimination claim is successful, discrimination laws may allow you to receive:
- Compensatory and punitive damages for suffering or lost wages
- Job reinstatement or a change in employment practices
- Coverage for legal costs and attorney fees
- A safer, fairer work environment for all employees
Punitive damages are awarded if employer actions have been particularly harmful or were a very clear case of wrongdoing.
These benefits extend to federal employees, labor organizations, companies with federal contracts, and local governments.
Final Thoughts. Know your Rights, Take Action
Workplace discrimination laws extend to all protected activities such as hiring, pay, promotions or daily interactions with your employer. These discrimination laws create a safer work environment.
Discrimination Has No Place at Work
Every employee has the right to be respected regardless of disability, national origin, or gender identity. Workplace discrimination laws ensure equal employment opportunities for all employees, including federal employees.
Pay attention to your instincts. If something feels wrong, make an online inquiry and talk to professionals who can help you navigate the situation and report discrimination.
Contact Lazaro Law Group For Legal Help
If you have experienced workplace discrimination or you’re an employer who wants to act according to employment laws, we’re here to offer legal assistance.
Lazaro Law Group is experienced in employment laws dealing with both employees and employers. We serve in the Chicago area helping our clients explore legal options and get the best possible outcomes.
Schedule a consultation today to learn more about how we can help you navigate employment discrimination.
Frequently Asked Questions (FAQs)
Q: What is considered discrimination in the workplace?
A: Discrimination occurs when job applicants face unfair treatment based on race, gender, religion, age, disability, or any other protected class.
Federal laws cover protected activities such as hiring, pay, and promotion practices or daily treatment.
Q: Which federal laws protect me from discrimination?
A: Federal laws like Title VII, the ADA, and the ADEA protect your employment rights. State laws may offer further protection.
Q: How do I file a workplace discrimination complaint?
A: File a discrimination complaint with your HR department or the Equal Employment Opportunity Commission, making sure to follow the deadlines.
Q: What should I do if I feel harassed at work?
A: Keep a record of the unwelcome conduct based on discrimination and report it to your employer. Harassment based on a protected class violates federal laws, making it important to report discrimination.
Q: What evidence do I need to prove a discrimination claim?
A: Save emails, dates and important details that show proof of the unfair treatment based on a protected characteristic.
Need legal help? Call us today!
