Discrimination Law
Employment Discrimination
Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. Read more about employment discrimination.
Racial Discrimination
Racial discrimination occurs when a person is treated less favourably than someone else in a similar situation because of their race, colour, descent or national or ethnic origin. This is direct discrimination. Indirect discrimination can also occur when the operation of a particular rule or policy disadvantages more people of a particular race, colour, descent or national or ethnic origin than other people. Read more about racial discrimination.
Age Discrimination
The Age Discrimination in Employment Act of 1967(ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person 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. Read more about age discrimination.
Disability Discrimination
Disability discrimination is the process of making decisions affecting an employee based wholly, or partly, upon the real or perceived disability of the employee, in those cases where the employee is a "qualified" individual under the ADA. The ADA prohibits employment discrimination against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
Sex Discrimination
Sex Discrimination occurs
when a person is treated less fairly than another person because of their sex
or marital status or because they are pregnant.
The Pregnancy Discrimination
Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination
on the basis of pregnancy, childbirth or related medical conditions constitutes
unlawful sex discrimination under Title VII. Women affected by pregnancy or related
conditions must be treated in the same manner as other applicants or employees
with similar abilities or limitations.
Under Title VII, the ADA, and the ADEA, it is illegal to discriminate in any aspect of employment, including:
» hiring and firing;
» compensation, assignment, or classification of employees;
» transfer, promotion, layoff, or recall;
» job advertisements;
» recruitment;
» testing;
» use of company facilities;
» training and apprenticeship programs;
» fringe benefits;
» pay, retirement plans, and disability leave; or
» other terms and conditions of employment.
Discriminatory practices under these laws also include:
Harassment
on the basis of race, color, religion, sex,
national origin, disability, or age;
Retaliation against an individual for filing a charge of discrimination,
participating in an investigation, or opposing discriminatory practices;
Employment decisions based on stereotypes or assumptions about the abilities,
traits, or performance of individuals of a certain sex, race, age, religion, or
ethnic group, or individuals with disabilities;
Denying employment opportunities
to a person because of marriage to, or association with, an individual of a particular
race, religion, national origin, or an individual with a disability. Title VII
also prohibits discrimination because of participation in schools or places of
worship associated with a particular racial, ethnic, or religious group.
Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.
Civil Rights Attorneys: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wisconsin, Wyoming
