Employment discrimination is a serious issue. It can occur when an employee is treated unfairly or differently because of their race, religion, sex, age, or disability. If you feel like you have been a victim of employment discrimination, it is crucial to understand your rights and take action.
Whether you’re a born or naturalized citizen of the United States, you’re protected against employment discrimination by several federal laws. Knowing your rights is as vital as understanding the different types of discrimination so you can identify them and take steps to protect yourself.
According to the Equal Employment Opportunity Commission (EEOC), there are four main types of employment discrimination:
1. Disparate treatment
2. Failure to accommodate
Disparate treatment is when an employee is treated differently than other employees because of their protected characteristics. This can happen when an employee is passed over for a promotion or given different job duties because of their race, religion, sex, age, or disability. You may want to speak to a San Diego employment lawyer if you feel you’ve been a victim of disparate treatment or other discrimination.
Failure to accommodate is when an employer does not provide the necessary accommodations for an employee with a disability. This can happen when an employer refuses to make changes in the workplace that would allow an employee with a disability to perform their job duties.
Retaliation is when an employer takes action against an employee because they have filed a complaint of discrimination or participated in an employment discrimination investigation. Retaliation can include demotion, termination, or a change in job duties.
Harassment is a form of employment discrimination that involves making offensive comments or jokes about an employee’s protected characteristics, such as race, religion, sex, age, or disability. Harassment can also involve physical threats or violence.
If you believe that you have been the victim of employment discrimination, there are several steps you can take to protect your rights:
1. File a complaint with the EEOC or your state’s fair employment practices agency
2. File a lawsuit against your employer
3. Speak to an experienced employment discrimination attorney
Filing a complaint with the EEOC or your state’s fair employment practices agency is the first step in taking action against employment discrimination. The EEOC will investigate your complaint, and if they find evidence of discrimination, they may file a lawsuit on your behalf.
You can also file a lawsuit directly against your employer. This is known as a “private suit.” If you win your case, you may be awarded damages, such as lost wages and benefits, emotional distress, and punitive damages.
If you have been the victim of employment discrimination, you must speak to an experienced employment discrimination attorney. An attorney can help you understand your rights and options, and they will fight to protect your interests.
Before taking action against workplace discrimination, you need to identify the discriminatory behavior. Common types of employment discrimination include:
This occurs when an employee or job applicant is treated differently because of their age. Age discrimination is most common against employees who are over 40 years old.
This occurs when an employee or job applicant is treated differently because of a physical or mental disability. Disability discrimination is most common against employees with visible disabilities, such as wheelchair users.
Gender discrimination is most common against women but can also be directed toward men and transgender individuals. Although gender discrimination can take many forms, it often manifests as unequal pay or career advancement opportunities.
Race/ethnicity discrimination is most common against employees who are not white or of European descent. This discrimination can take many forms, from refusing to hire someone because of their race to segregating employees by race.
Religious discrimination is most common against employees who practice a non-mainstream religion, such as Islam or Judaism. From refusing to accommodate an employee’s religious practices to outright harassment, religious discrimination can take many forms.
A 2013 study shows nearly one in five lesbian, gay, and bisexual workers have experienced workplace discrimination. This type of discrimination may seem less common, but it can be just as damaging as other forms of discrimination.
Once you’ve identified the discriminatory behavior, you must decide how to respond and act. The best way to do this will vary depending on your workplace situation.
Indirect discrimination is a form of workplace discrimination that is not as overt as direct discrimination. Indirect discrimination happens when an employer has a rule or policy that appears to be neutral but disadvantages a specific group of people. For example, an indirect age discrimination policy would be a mandatory retirement age.
Understanding your rights as an employee is the first step in fighting workplace discrimination. If you think you have been the victim of discrimination, there are several steps you can take to protect your rights and take action.
Workplace discrimination is a serious issue, but understanding the different types of discrimination and how to respond can help create a fairer and more inclusive workplace for everyone.