Employment discrimination laws are essential to make workplaces as fair and equal as possible. People need to work, work in an environment that values who they are, and work in an environment free from harassment, injustice, and the threats that come from racism, sexism, ageism, nationalism, and other prejudices.
Employment discrimination lawyers see the challenges and injustices individuals often face in the workplace and what those challenges and injustices can do to a person. An unfair workplace can devastate a person’s financial well-being, mental health, reputation, emotional health, and family. Having seen this, our practice is devoted to seeking justice for those who have experienced employment discrimination.
Justice for someone affected by employment discrimination starts with knowing the laws that protect them and provide the means to recover from those who discriminated against them. This article provides an overview of employment discrimination laws and who they protect. This article is an overview. If you have experienced or are currently facing discrimination in the workplace, contact someone at Consumer Attorneys. So much of an employment discrimination case depends on the specific facts and circumstances of the case, We will listen to you, apply the relevant employment discrimination laws, offer legal advice, and, if appropriate, represent you in a lawsuit against those who discriminate against you and those who let it happen.
Key Employment Discrimination Laws
Several fundamental employment discrimination laws are the foundation of what protects people from unfair treatment in the workplace.
Title VII of the Civil Rights Act of 1964
Title VII is a foundational statute prohibiting employment discrimination based on race, color, religion, sex, or national origin. It applies to employers with 15 or more employees and covers various employment practices, including hiring, firing, promotions, and compensation. Title VII also prohibits sexual harassment and obligates employers to provide a workplace free from discriminatory harassment.
In a recent case called Bostock v. Clayton County, Georgia, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act also covers sexual orientation and transgender status. This decision stems from the interpretation that discrimination against homosexual or transgender individuals inherently involves sex discrimination. For instance, if an employer dismisses a woman because she is married to another woman. In contrast, a man married to a woman would not face dismissal, the action is discriminatory based on sex. Similarly, firing someone for transitioning genders or adopting gender identities different from their sex at birth also constitutes sex-based discrimination.
The Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public. In the workplace, the ADA ensures that people with disabilities have the same rights and opportunities as everyone else and requires employers to provide reasonable accommodations to employees with disabilities unless doing so would cause significant difficulty or expense for the employer.
The Age Discrimination in Employment Act (ADEA)
The ADEA protects employees and job applicants 40 years of age or older from discrimination based on age in hiring, promotion, discharge, compensation, terms, conditions, or privileges of employment. It applies to employers with 20 or more employees, including state and local governments, employment agencies, and labor organizations.
The Equal Pay Act of 1963 (EPA)
The EPA mandates that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical but must be substantially equal in skill, effort, responsibility, and working conditions. This law also extends to all forms of pay, including salary, overtime pay, bonuses, stock options, profit sharing, bonus plans, life insurance, vacation and holiday pay, and benefits.
The Pregnancy Discrimination Act
This Act is an amendment to Title VII of the Civil Rights Act of 1964 and prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It asserts that pregnant employees must be treated the same as other employees who are similar in their ability or inability to work.
The Genetic Information Nondiscrimination Act of 2008 (GINA)
GINA prevents discrimination based on genetic information in both employment and health insurance. For employment, it restricts employers from using an individual’s genetic information in hiring, firing, job placement, or promotion decisions. It prohibits them from requesting, requiring, or purchasing genetic information about an employee or their family members.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the above laws. The EEOC also oversees and coordinates all federal equal employment opportunity regulations, practices, and policies.
Application and Violations of Employment Discrimination Laws
Employment discrimination laws serve as the guideline for how to treat employees fairly. Employers must make decisions based on merit and job-related qualifications without giving undue weight to protected characteristics.
How Laws Are Applied
Employment discrimination laws are in effect from the moment a job is advertised, through the hiring process, to day-to-day employment practices and even termination decisions. The laws apply to co-workers, managers, bosses, owners, contractors, clients, subcontractors, and anyone associated with work.
Recognizing Violations
There are many ways to break an employment discrimination law. Because employment discrimination doesn’t always happen with apparent and observable actions, understanding what constitutes a violation is crucial. Some common examples include:
- A job advertisement specifying a preference for candidates of a particular age group, excluding those protected under the ADEA.
- A workplace policy prohibiting beards or certain hairstyles may unfairly infringe on some employees’ religious practices.
- Failure to provide reasonable accommodations for an employee with disabilities, as required by the ADA, assuming such accommodations do not impose an undue hardship on the operation of the business.
- Wage disparities between male and female employees performing substantially similar work, in violation of the EPA.
- Retaliation against an employee for filing a discrimination complaint, participating in a discrimination proceeding, or opposing discriminatory practices.
Taking Action Against Discrimination
If you believe you have been a victim of employment discrimination, taking timely and informed action is crucial.
Consumer protection attorneys devote their entire practice to fighting for people. There are so many ways that people and companies can trample on people and their rights. Unfair treatment in the workplace is one of them. Let them know if you have experienced employment discrimination. We can guide you through the legal process, including the EEOC complaint and litigation. And you will not pay a fee unless they win.
Remember that you are not alone. Legal protections are in place to safeguard your rights, and resources are available to assist you in seeking justice. Together, we can uphold the principles of fairness and equality fundamental to our society.
