Workplace Discrimination

Workplace discrimination can take any number of forms including physical infirmity, age, equal and appropriate compensation, pregnancy, sex, genetic information, race or national origin.

Discrimination Based Upon Age

Under the Age Discrimination in Employment Act of 1967 (ADEA), an employer is forbidden from discriminating against an employee who is 40 years of age or older in any aspect of his or her employment. This includes the hiring process, dismissal process, compensation, workplace assignments, promotion opportunities, temporary layoff, training opportunities, health insurance accessibility, paid vacation days, or any other condition or term of employment.

Discrimination Based Upon Disability

The Americans with Disabilities Act (ADA) disallows discrimination against an employee with a disability because he or she has a disability, has a history of a medical illness that is controlled or in remission, or because the employee is believed to have mental impairment that is not minor and is expected to continue for a period of more than six months. The ADA requires that the employer attempt to provide reasonable accommodation to the employee with a disability, unless doing as such would cause marked difficulty and expense. Employees who are in a relationship with a partner who has a disability are also protected under the ADA.

Pay/Compensation Discrimination

Men and women are supposed to be given equal compensation for equal work or similar work completed under the Equal Pay Act of 1963. The law states that the jobs do not need to be identical, but must be substantially equal. The work itself, not the title, will determine whether the jobs are considered substantially equal. All forms of pay fall under the Equal Pay Act, including salary, OT, year-end bonuses, profit sharing plans, insurance plans and assorted benefits.

Discrimination Based Upon Genetic Information

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) expressly states that it is illegal for an employer to discriminate against an employee based upon genetic information in his or her medical history. The information in medical records cannot be used by the employer when an employment decision is made, and the employer is prohibited from purchasing, requesting or requiring genetic information. Title II of GINA also puts strict limits upon what genetic information can be legally disclosed.

Discrimination Based Upon National Origin

Discrimination based upon national origin involves the employer treating an employee poorly due to where he or she is from in the world. Treatment may be triggered due to perceived or real ethnic appearance, accent or even marriage to a person from a country that the employer considers to be undesirable.

Discrimination Based Upon Pregnancy

An employer is not allowed to discriminate against an employee or potential employee in matters of hiring, dismissal, pay, workplace assignments, promotions or benefits if she is pregnant based upon the protections set forth in the Pregnancy Discrimination Act of 1978 (PDA). If the pregnancy results in the employee temporarily being unable to complete the tasks associated with her employment, the employer must treat the employee as if she is temporarily disabled.

Discrimination Based Upon Race or Color

Discrimination based upon race involves the employer treating the employee unfairly because he or she is of a certain race, or because he or she possesses certain physical characteristics associated with a race. Color discrimination occurs when then employer treats the employee unjustly due to skin color or complexion.

Discrimination Based Upon Sex

The concept of sex discrimination in the workplace is insidious and involves the employer making decisions associated with hiring, dismissal, pay, workplace assignments, promotion eligibility and all other terms of employment based upon the sex of the employee.

Contact a Workplace Discrimination Attorney Near You

Contact a workplace discrimination attorney immediately if you feel an employer has discriminated against you. An experienced attorney from our office can help you file your claim for discrimination.