What is Workplace Discrimination?
Workplace discrimination refers to any unfair treatment of an employee or job applicant based on attributes such as race, gender, religion, age, or sexual orientation. In many cases, these types of discrimination are illegal and can form the basis of a legal claim against an employer. We are committed to helping individuals who have been discriminated against in their workplace receive justice. We understand that standing up for your rights can be intimidating — we’re here to support you through this process and make sure your voice is heard. If you believe you have been the victim of workplace discrimination, contact Khosroabadi & Hill today by calling (858) 434-1020 to discuss your case.
Discrimination Based On Race
Discrimination based on race includes any disparate treatment of employees or job applicants because of characteristics associated with certain racial groups. This could include treating someone differently because they are African-American, Asian-American, Hispanic, or any other person belonging to a particular racial group. Racial discrimination also includes comments or jokes that create a hostile work environment based on someone’s race. Employers also cannot discriminate based on someone’s national origin, including pointing out their accent or refusing to hire them because of their birthplace.
Gender-based discrimination includes treating an employee or job applicant unfavorably because of their gender, whether they are male or female. This could include failing to promote women because of their gender or paying a man more than a woman for the same job. Gender-based discrimination can also refer to harassment in the workplace due to either gender, such as making inappropriate sexual remarks or jokes directed at male or female employees.
Employers cannot discriminate against someone (or refuse to hire them) because of their religious beliefs and customs. Employers must also make reasonable accommodations for employees’ religious beliefs and practices, such as providing time off to observe a religious holiday or wearing religious clothing. However, an employer can claim undue hardship if an employee’s request for accommodation would require more than administrative costs or if it impedes another employee’s entitlement to accommodation.
The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 and older from being discriminated against because of their age. This could include failing to hire an individual for being too old or treating someone differently due to their age. It could also include hiring, promoting, firing, training, or assigning specific projects and assignments due to age.
Sexual Orientation Discrimination
Discrimination based on sexual orientation is illegal under federal law as well as many state and local laws. This includes treating employees unfavorably because they are lesbian, gay, bisexual, or transgender. Other forms of discrimination based on sexual orientation include failing to hire someone due to their orientation or making offensive comments about an individual’s gender identity.
The Americans with Disabilities Act (ADA) provides legal protections for individuals with disabilities. Generally, this act prohibits discrimination against qualified people with disabilities in both private businesses and state and local governments. Discrimination is illegal throughout the entire employment process, including the application, training, hiring, firing, and advancement within the workplace.
Parental Status Discrimination
It is illegal to discriminate against an individual based on their parental status. For instance, an employer cannot cut someone’s hours unnecessarily or refuse to promote them because of their parental status, whether they are a parent or not. Foster parents are also covered under parental status discrimination.
Similarly, the law forbids discrimination based on whether an employee is pregnant. Employers must treat pregnant employees the same as non-pregnant employees, even if they require modifications or restrictions in their job duties.
Genetic Information Discrimination
Employers cannot discriminate against someone due to their genetic information. This could include information about an employee’s family health history or information about their likelihood of developing a disease or illness in the future. Employers cannot use this information to make decisions about hiring, firing, promoting, or assigning projects to an employee. Similarly, it is illegal to harass an individual because of their genetic information.
Equal Pay Discrimination
Equal pay discrimination states that it is illegal for an employer to pay you less than someone else due to your gender, sex, race, religion, or other factors. Under the Equal Pay Act, employees with similar job titles or job duties must be paid the same, including their salary, insurance, vacation, paid holidays, and more. If an employer is using your race, sex, gender, sexual orientation, or other factors about you to determine your pay, they are breaking the law.
How Can I Report Workplace Discrimination?
If you have been discriminated against in the workplace, you have a right to report your employer or higher-ups. First, reach out to our team for assistance and to learn your legal options. You can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) through mail or in person at their office. In your complaint, be sure to note the nature of the discrimination, how often it has happened, and the dates that the events occurred. You may also be able to file a complaint with your state’s labor board, if applicable. It is also possible that you could file a lawsuit against your employer or the company that discriminated against you.
Workplace discrimination is a serious issue that must be addressed swiftly and fairly. If you believe that you have faced any form of workplace discrimination, we are here to help. If you feel like you have been the victim of workplace discrimination, contact Khosroabadi & Hill today at (858) 434-1020 for a free consultation. Our experienced attorneys can evaluate your case and help you get the justice you deserve. Don’t let workplace discrimination go unchallenged – call us today!