Employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants for employment on the basis of age, race, gender, sexual orientation, disability, or religion.
According to the U.S. Equal Employment Opportunity Commission (EEOC), employers cannot discriminate in any aspect of employment, such as:
- Hiring and firing
- Compensation, assignments, or classifications of employment
- Transfer, promotion, layoff, or recall
- Job advertisement
- Recruitment
- Testing
- Use of company facility
- Training and apprenticeship programs
- Fringe benefits
- Pay, retirement plans, and disability leave
To be “illegal” discrimination, your employer must be in violation of a specific state or federal law (statute), regulation, or constitutional provision. Otherwise, you are not generally protected, however unfair or unethical their conduct may appear.
For example, if your superior is much harder on you than anyone else for no apparent reason, while it might be unethical behavior for a superior, it is not discrimination by law. But if your superior is much harder on you for a reason that is protected by law, such as your religion, age, or sex, then it is illegal, especially if you suffer damages such as getting passed over for a well-deserved raise or promotion. To determine whether you have been the victim of illegal discrimination, consult with one of our attorneys in the area of employment law.
Employment discrimination law is a complex area of practice encompassing both federal and state aspects. If you suspect you have been discriminated against by your employer, it is important to consult an experienced attorney to insure your rights are protected.
AN OVERVIEW OF EMPLOYMENT DISCRIMINATION
Employment discrimination law seeks to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation.
Discriminatory practices include bias in hiring, promotion, job assessment, termination, compensation, and various types of harassment.
The main body of employment discrimination law is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.
The Equal Pay Act amended the Fair Labor Standards Act in 1963. The Equal Pay Act prohibits paying wages based on sex by employers and unions. It does not prohibit other discriminatory practices in hiring. It provides that where workers perform equal work in jobs requiring “equal skill, effort, and responsibility and performed under similar working conditions,” they should be provided equal pay.
The Fair Labor Standards Act applies to employees engaged in some aspect of interstate commerce or all of employers’ workers if the enterprise is engaged as a whole in the significant amount of interstate commerce.
Title VII of the Civil Rights Act of 1964 prohibits discrimination in many more aspects of the employment relationship. It applies to most employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. This act prohibits discrimination based on race, color, religion, sex, or national origin. “Sex” includes pregnancy, childbirth, or related medical conditions. It makes it illegal for employers to discriminate in hiring, discharging, compensation, or terms, conditions, and privileges of employment. Employment agencies may not discriminate when hiring or referring applicants. Labor organizations are also prohibited from basing membership or union classification on race, color, religion, sex, or national origin.
The 19th Century Civil Rights Act, amended in 1993, insures all people equal rights under the law and outlines the damages available to plaintiffs in actions brought under the Civil Rights Act of 1964, Title VII, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973.
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. The prohibited practices are nearly identical to those outlined in Title VII. An employee is protected from discrimination based on age if he or she is over the age of 40. The ADEA contains explicit guidelines for benefits, pension, and retirement plans.
The Rehabilitation Act’s purpose is to “promote and expand employment opportunities in the public and private sector for handicapped individuals” through the elimination of discrimination and affirmative action programs. Employers covered by this act include agencies of the federal government and employers receiving federal contracts over $2,500 or federal financial assistance.
The Americans with Disabilities Act (ADA) was enacted to eliminate discrimination against those with handicaps. It prohibits discrimination based on a physical or mental handicap by employers engaged in interstate commerce and state governments. The type of discrimination prohibited is broader than that explicitly outlined by Title VII.
The Equal Employment Opportunity Commission (EEOC) interprets and enforces the Equal Payment Act, Age Discrimination in Employment Act, Title VII, Americans with Disabilities Act, and sections of the Rehabilitation Act. Pennsylvania statutes also provide extensive protection from employment discrimination. Some laws extend similar protection as provided by the federal acts to employees whose employers are not covered by these statutes. Other statutes provide protections to groups not covered by the federal acts. A number of state statutes provide protection for individuals who are performing civil or family duties outside their normal employment.