Workplace Discrimination
Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment. This includes:
- Hiring and firing
- Compensation, assignment, or classification of employees
- Transfer, promotion, layoff, or recall
- Job advertisements
- Recruitment
- Testing
- Use of company facilities
- Training and apprenticeship programs
- Fringe benefits
- Pay, retirement plans, and disability leave
Employers are required to post notices advising employees of their rights under the laws the Equal Employment Opportunity Commission enforces and their right to be free from retaliation if they file a complaint against the employer.
Protected Classes
Federal laws and affirmative action programs prohibit workplace and employment discrimination on the basis of:
- Age
- Gender or sex
- Disability
- Race or ethnicity
- Religion
Pregnancy based discrimination is covered under Title VII's broad prohibitions against sex discrimination. In addition, many states and municipalities have also enacted their own protections against discrimination and harassment. While there is no federal law that prohibits discrimination based on sexual orientation, many states, counties, and cities have ordinances or laws that prohibit sexual orientation discrimination.
Legal Rights of Employees
Employees who experience discrimination can seek remedies including back pay, compensation for pain and suffering, a court order to stop the discrimination, and restoration of their old job if they were fired or reassigned. Employers found guilty of workplace discrimination can face up to $300,000 in punitive damages. A statute of limitations applies to employment discrimination claims, and in most cases, employees must file a complaint within 180 days of the incident.
File a Complaint
If you have been discriminated against at work, you can file a complaint with the Equal Employment Opportunity Commission. Visit http://www.eeoc.gov/ to learn more.
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