Employment Discrimination
Employment discrimination is against the law. Unfortunately, sexual harassment and discrimination are still common in the workplace. Employers cannot discriminate against protected employees, but some employers will do it anyway.
Anti-discrimination law violations can be tricky to prove. It can be hard for workers like you to get proper justice after being unlawfully discriminated against. Knowing more about your rights and how to address the issues when those rights are violated could be essential to keeping your workplace protections intact.
If you have questions about employment discrimination and your legal rights, talk to a local employment lawyer.
What Is Employment Discrimination?
Most state laws have what’s known as at-will employment. This means either the employer or the employee can end the working relationship at any time for nearly any reason. However, there are some exceptions for contractual obligations and certain state or federal laws.
Unlawful discrimination is against the law, even with at-will employment. Employers cannot:
- Fire you after learning about your religious beliefs
- Advertise a job as excluding a certain race
- Base compensation on an employee’s gender
- Harass employees because of their protected-class status
- Refuse to promote an older employee only because of their age
Employers are also barred from retaliating against workers who file discrimination case complaints.
What Are Protected Classes?
There are different state and federal laws that protect against discriminatory employment practices. Under Title VII of the Civil Rights Act of 1964 and other federal laws, protected classes include:
- Race
- Color
- Religion
- Gender
- Gender identity
- Sexual orientation
- Pregnancy
- National origin
- Genetic information
Discriminating against workers 40 and older is also prohibited by the Age Discrimination in Employment Act. The Americans with Disabilities Act (ADA) prohibits discrimination against workers with disabilities. Disability discrimination laws also require employers to provide reasonable accommodations to disabled workers.
Qualifying employers have to follow federal fair employment laws, but some states have additional types of discrimination protections.
What Do I Do if My Employer Is Discriminating Against Me?
The nature of most state employment laws can make proving discrimination difficult. An employer can’t tell you that you’re being fired for having a protected disability, but they can fire you and say that it’s for a different reason. Determining whether the true reason was the disability can be a complicated court issue.
Collect Evidence
If you suspect discrimination, you should try to gather evidence of the misconduct. Save emails and other messages that relate to the discriminatory treatment. Talk to trusted coworkers if they witness any actions or remarks. Document the times, locations, and the witnesses present. Keep a copy of this information somewhere secure so that your employer can’t block access.
File a Complaint
Review your company handbook. In most workplaces, your next step would be to contact your Human Resources Department and file a complaint. It’s still a good idea to keep copies of your documentation instead of handing it all over to someone in the company. If your employer doesn’t take action to put an end to the discrimination, you can file a complaint with your state agency.
You can file a complaint with your state agency for violations of state employment discrimination laws. The Equal Employment Opportunity Commission (EEOC) enforces federal employment discrimination laws. After exhausting your administrative options, you can file an employment discrimination lawsuit. However, you may be able to file a wrongful termination case without going through an EEOC investigation.
How an Employment Discrimination Attorney Can Help
If your Human Resources Department doesn’t help address the issue, you may need to take the situation further. If your work environment is so toxic that you don’t feel safe trying to handle it internally, you can meet with an employment discrimination attorney.
An employment law attorney can review your case and look for evidence of discrimination. A lawyer can also represent you if the case goes to trial. You could collect monetary compensation from your employer for discrimination. In some cases, you could also recover attorney fees.
It’s important to note that these laws don’t apply universally. Some small companies, usually those that employ fewer than 15 people, may be exempt from certain employment laws. Talking to an employment discrimination lawyer can help you understand the laws that apply to you so you can figure out your best course of action for addressing workplace discrimination.
Additional Employment Discrimination Articles
- What Is Employment Discrimination?
- Employment Discrimination FAQ
- What Federal Laws Prohibit Employment Discrimination?
- How do I file an employment discrimination claim with the Equal Employment Opportunity Commission (EEOC)?
- The “For Good Cause” Defense to Employment Discrimination Claims
- Employment Discrimination: Basic Concepts
- What Is the Equal Employment Opportunity Commission (EEOC)?