| Discrimination & HarassmentThis section has information on your rights to be free from discrimination and harassment in the workplace. Discrimination FAQQ: Do the anti-discrimination laws protect only women and minorities? A: No. The anti-discrimination laws protect all workers from employment decisions based on protected status. Thus, if an employer pays a female worker better wages than a male worker performing the same job, that employer has discriminated against the male worker based on his sex in violation of Title VII. Similarly, if an Asian-American worker who misses three days of work is suspended but a Caucasian worker who misses three days of work is fired, then the Caucasian worker has been discriminated against based on his race. | | | Discrimination Based on Race Federal law forbids job discrimination because of race. Executive Order 11246 also requires that employers doing business with the federal government not discriminate because of race and take affirmative steps to hire and promote racial minorities. Most states and many local governments have laws prohibiting racial discrimination in employment. These laws protect all races, including African-Americans, Hispanics, Asians, Native Americans, and Caucasians. |
Q: How do I know if an action is discriminatory in violation of the law? A: First, not all discriminatory actions are forbidden by law. The law only prohibits discrimination when it is based on a person's protected status--race, color, religion, national origin, sex, age or disability under federal law. Thus, if an employer makes a decision because of an employee's race, that employer has engaged in prohibited discrimination. Paying a worker lower wages than other employees because that worker is an African-American black violates Title VII. But paying a worker lower wages than other employees because that worker is performing different kinds of job duties does not violate Title VII. The question is whether the reason for the difference in treatment is based on the employee's protected status. Different treatment based on protected status is called intentional discrimination or disparate treatment. |
Title VII also prohibits conduct that has the effect of discriminating against individuals in a protected class even if the employer's reason for the different treatment is not based on protected class. For example, an employer may decide to hire only applicants who do not have custody of preschool age children. On its face the reason for the employer's hiring decision is not a protected class reason. However, the effect of this policy is to disproportionately screen out women applicants as compared to male applicants because more women are custodial parents. This policy, therefore, would have a discriminatory effect, also called adverse impact. Adverse impact discrimination is also forbidden by Title VII unless the employer can prove that the policy is required by business necessity and is significantly related to the requirements of the job. The ADA defines discrimination not only in terms of disparate treatment and adverse impact but also in terms of a refusal to provide reasonable accommodation to an otherwise qualified individual with a disability. | | | Seniority Systems and Anti-Discrimination Laws Bona fide seniority systems are immune from attack under Title VII and the ADEA. A seniority system is bona fide so long as it was not established for the purpose of discriminating against a protected class and is applied equally to all employees covered by the system. A seniority system that has an adverse impact is considered a bona fide system. Thus, decisions as to who is laid off during a down turn in business based on who has the least seniority are legal, even though all the most recent hires (and therefore all the employees laid off) are female. |
Q: Besides hiring, what other aspects of the employment relationship are regulated by the anti-discrimination laws? A: The laws regulate all aspects of work, including hiring, firing, promotions, job duties, wages, benefits, and reviews. Generally speaking, the laws do not require an employer to provide specific benefits or to institute job review procedures or to draw up job descriptions. Rather, the employer is allowed to establish its own policies so long as they are applied to all employees in a non-discriminatory manner and so long as the policies do not have the effect of discriminating against a protected class. |
Q: What are the major federal anti-discrimination laws? A: Title VII prohibits discrimination based on race, sex, color, national origin or religion. The ADEA prohibits discrimination based on age (if over forty). Title I of the ADA prohibits discrimination based on disability. Almost every state has anti-discrimination laws that mirror the protections found under federal law. Some states also have more expansive protection than federal law, for example, prohibiting discrimination based on marital status, sexual orientation or weight. | | | Sexual Orientation Discrimination The meaning of the term "sex" discrimination as used in Title VII refers to gender and does not include discrimination based on sexual orientation. There are some states, however, such as California, Hawaii and Wisconsin, and some cities, such as Chicago, whose anti-discrimination laws prohibit discrimination based on sexual orientation. |
Q: What should I do if I think I have been discriminated against in violation of the law? A: It is usually a good idea to bring your complaint directly to the attention of the employer and attempt to resolve the problem on an informal basis. The employer may not be aware that there are individuals within its organization who are discriminating, or the employer may want to address your complaint and fix the problem. If, however, you want to pursue a legal remedy, you should get expert advice and act relatively quickly. Anti-discrimination laws have strict time limits for making a claim. The federal laws require employees to file a complaint first with the EEOC before filing a lawsuit in court. In some circumstances an employee is also required to file a complaint with the state agency charged with enforcing the state anti-discrimination laws. |
Lastly, if fired or not hired for discriminatory reasons, you should look for another job. Do so even if it seems that you are entitled to the former job. If you do not actively seek other work, it appears as though you are not seriously interested in employment. This can weaken your claim and may limit any award of back pay. | | | Time Limits Under Title VII and the ADA If you have been discriminated against, you must file a charge with the EEOC within 180 days from the date of the discriminatory act. There are regional offices of the EEOC in most major cities in the U.S. There is an exception to this time limit if the discrimination occurred in a state that has a state law prohibiting discrimination. In that case you must first file a charge with the state agency responsible for enforcing the state law. You must give the state agency at least sixty days to investigate your complaint. After sixty days you can then file a charge with the EEOC, but the charge must be filed within 300 days from the date the discrimination occurred or within thirty days after the state agency terminates its proceedings, whichever occurs first. When the EEOC completes its investigation of the charge, it sends a letter to the person who filed the charge. The letter states whether the EEOC found reasonable cause to believe the law was violated and informs the charging party that he or she has ninety days within which to file a lawsuit in court. This letter is called a "right to sue" letter. |
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