Employment Discrimination Laws

Employment discrimination can take many forms. Discrimination occurs if an employer uses a prohibited basis to make decisions about hiring, promotions, pay, or firing. Employment discrimination can also occur if harassment leads to a “hostile work environment.”

Harassment

Workplace harassment based on race, sex, or another prohibited basis is a form of employment discrimination. Harassment describes behavior such as offensive jokes, slurs, name-calling, threats, and other unwelcome behavior. Harassment can include verbal and physical behaviors.

Supervisors, co-workers, or even customers and other non-employees could act as harassers. Any employee affected by harassment could be a victim of employment discrimination. This means that offensive behavior directed at one person could create multiple victims of harassment. For example, if a supervisor makes sexist jokes directed at one woman, all women in the workplace are potential victims of harassment. All the women offended by these jokes may be eligible to sue their employer.

Employers can become liable for harassment in two ways. First, employers are liable if harassment is related to an adverse employment decision. This could include refusing to hire or promote a person based on a prohibited basis. Second, employers become liable for harassment if a court finds that they maintained a “hostile work environment.”

Hostile Work Environment

Not all incidents of harassing behavior, like offensive jokes or comments, are illegal. Courts and fair employment agencies will not hold employers liable for trivial or isolated incidents. To receive compensation, a victim of harassment must show that the harassment was pervasive. If the harassment is serious and on-going, this creates a hostile work environment. Courts and agencies decide whether a workplace was hostile on a case-by-case basis.

Retaliation

Retaliation describes behavior by employers that punishes applicants or employees for resisting discrimination. Federal law prohibits retaliation.

Some examples of retaliation include demotion, unwanted transfers, and unwanted schedule changes. Any action meant to discourage future complaints or resistance of discrimination is retaliation. Employers may still discipline employees who have filed complaints about discrimination. But these actions must relate to work performance, not to discouraging resisting discrimination.

Discrimination laws prohibit employers from using certain personal traits to make employment decisions. The categories of traits that come up most commonly in discrimination complaints are disability, race, and sex.

Disability

Disability discrimination involves treating an applicant or employee worse than others because of a qualified disability. Protected disabilities can be physical or mental.

Under federal law, the disability must substantially limit a major life activity and must be long-term (last longer than 6 months). A person may qualify for protection if they have a history of disability, such as with a serious disease that is in remission. About 33% of employment discrimination complaints received by the federal government involve disabilities. It is one of the most common forms of employment discrimination taking place in America.

Some jobs require certain physical or mental capabilities. Employers must offer reasonable accommodation to disabled applicants or employees. Accommodations are not required if they are too difficult or expensive.

Some state and local laws protect employees from discrimination based on any medical condition. Some prohibit disclination based on specific diseases, such as HIV/AIDS. Some prohibit discrimination based on height and weight.

Race

Race discrimination involves treating an applicant or employee worse than others because of their race. This extends to hair color, hair texture, skin color, or facial features associated with a person’s race. The law also protects association with people of a certain race, such as in an interracial marriage. Discrimination can occur even if the employer and employee are the same race or color.

Federal law prohibits discrimination based on race and color. About 33% of employment discrimination complaints received by the federal government involve race. It is one of the most common forms of employment discrimination taking place in America.

Sex

Sex discrimination involves treating an applicant or employee worse than others because of their sex. This extends to discrimination against women related to pregnancy or childbirth. In some cases, sex discrimination extends to protecting LGBTQ people. Discrimination can occur even if the employer and employee are the same gender.

Federal law prohibits discrimination based on sex. About 33% of employment discrimination complaints received by the federal government involve sex. It is one of the most common forms of employment discrimination taking place in America.

Age

Age discrimination involves treating an applicant or employee worse than others because of their age. Federal law prohibits discrimination against people who are age 40 or older. If two or more applicants or employees are over 40, it is illegal to favor a younger person solely based on age. It is not illegal to favor an older person based on age under federal law. Some state and local laws protect all workers, including younger workers, from age discrimination.

National Origin

National origin discrimination involves treating an applicant or employee worse than others because they are from a certain country or region. This extends to a person’s accent and ethnicity. It also includes the appearance of a certain ethnicity, even if inaccurate. The law protects against discrimination based on association with people of a certain national origin. Language requirements may not be used for discriminatory purposes. An English-only rule is only permitted if it is necessary for an efficient workplace. Federal law prohibits national origin discrimination.

Religion

Religious discrimination involves treating an applicant or employee worse than others because of their religious beliefs. This extends to members of organized religions as well as individuals with personal spiritual or moral beliefs. The law also protects against discrimination based on association with people of a certain religion, such as by marriage. Employers must offer reasonable accommodations to employees if dress-codes and scheduling requirements interfere with religious practices. Accommodations are not required if they are too difficult or expensive. Federal law prohibits religious discrimination.

Genetic Information

In 2008, the federal government prohibited employment discrimination based on genetic information. This extends to information about a person’s family medical history. Employers may not use this information to make employment decisions.

LGBTQ