The US Government protects each citizen’s rights, and if anyone is harassed or discriminated anywhere, including their workplaces, such acts are punishable by law. Under the law of the United States, any employee can file a case for discrimination under the EEOC (The Equal Employment Opportunity Commission), if they feel that they have been a subject of discrimination. Also, getting a consultation from an Employment Litigation Lawyer will be in your best interest, as such cases are often tedious and complex.
Also, an employer cannot retaliate back if an employee files a complaint as it is against the law to do so. In other words, an employee can feel safe while filing a complaint. The investigation will begin soon after, and if the employer is proven guilty, the organization or the employer will face the consequences of such misconduct in a workplace environment.
Let’s first understand the term “employment discrimination” to have clarity about the concept, and in what cases one can seek assistance for the same.
Employment Discrimination:
In layman’s language, “discrimination” means treating a person differently compared to the other. This discrimination or unfair treatment can be because of a bias that other people can have. One such discrimination that is recognized by the US Government is employment discrimination. An employee who is not given his or her rights by the employer due to factors that are recognized by the EEOC is a victim of employment discrimination.
Factors protected by the law of the US Government under EEOC include:
Age: It is illegal to deny a person his rights because of age at the workplace. It includes anything for assigning, job roles, duties, pay, which also includes hiring or firing of a person as well. If a person has the caliber and is denied a job because of his age, the employer will be subject to punishment in the eyes of the law.
Disability: Considering a person less favorable than the other because of disability is recognized as employment discrimination under state law. You cannot reject a person from hiring or cannot fire a person in case of disability. The Government has set this rule, so there is no demeaning of a person. If someone has the caliber, irrespective of the disability factor, he or she should be given the job, and perform various job roles for which the person is hired by a company.
Sex: Best on gender difference, an employer cannot mistreat an employee or take away his or her rights. An Employer cannot in any way treat a person differently because of gender difference. It also includes the sexual orientation of a person, being transgender or belonging to the LGBT community.
Harassment: Creating a hostile environment where an employee feels discomfort to work, making things difficult unnecessarily or treating someone badly comes under harassment. It also includes sexual harassment or inappropriate behavior toward an employee.
Religion: Biased based on the religion of a person, denying a job role or firing a person based on the religion of a person is heavily punishable by law. Also, religious grooming policy is included under it, which means a person can wear, dress up, and practice norms of one’s religion.
Retaliation: It is a subject of concern as frequently people retaliate which has made it a common discrimination case in federal sectors. An employer is asked to not retaliate in case if an employee files a complaint. Firing, threatening or using any such measure to scare the employee comes under retaliation.
Equal Pay/Compensation: Men and women in the same workplace acquiring the same position should get equal pay/compensation. In case they are not getting, then an employee is facing employment discrimination. Seeking the help of lawyers specializing in employment sector can help employees to understand the case better and file a complaint in an adequate manner.
Genetic Information: Under the Title II of the Genetic Information Non-discrimination Act of 2008 (GINA), the law prohibits a person to forcibly demand genetic information. It is illegal to discriminate and not give a job or fire a person based on his genetic information.
National Origin: If one is facing discrimination because he or she belongs to a certain nationality, it is against the law of the United States. Any kind of discrimination, which is creating problems in the workplace for an employee that includes firing, hiring, pay, promotions, job roles, etc. is unacceptable in the eyes of law. You can seek the help of a lawyer for employment issues to fight back against such employers who are discrimination their employees.
Pregnancy: A woman who is pregnant and is being treated unfavorably can file a case against her employer under the section of pregnancy under employment discrimination. A woman cannot be fired or given less pay, demoted or lose job roles because she is pregnant. If it happens, then she can file a complaint.
Race/Color: Racism or hostile attitude towards an employee because he or she belongs to a different color or race is unacceptable. Such organizations and employers are punishable by law. A policy that an organization follows which discriminates people belonging to a certain color is an offense. No one has the right to discriminate against a potential candidate for a job role or firing a person, demoting or not giving promotions, creating a hostile work environment or doing racist acts is a serious offense.
Do not be subject to any kind of harassment, it is in your right to be treated like the rest, and there shouldn’t be any sort of discrimination. The United States Government prohibits discrimination and has passed laws so that people can work in a secure work environment.
Kirakosian Law Firm has helped many clients who were blatantly discriminated in their workplaces. Greg and his team take each case seriously and explain the client of the potential they have in their cases. One of the problems with employment discrimination cases is that people are not clear whether they actually faced discrimination or not. The terms are technical, and to be clear, one will require lawyers specializing in employment to understand discrimination and charges that one can file against the organization or an employer.
These blogs are meant purely for educational purposes. They contain only general information about legal matters. They are not legal advice, and should not be treated as such. If you have any specific questions about any legal matter you should consult with an attorney.