Age Discrimination
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are of a certain age in the workplace. This is referred to as a protected class.
Age discrimination involves treating an applicant or employee less favorably because of his or her age. Age discrimination can occur when the discriminated party and the person who inflicted the discrimination are both over 40 years of age.
An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 years old or older and is not based on a reasonable factor other than age.
The ADEA prohibits discrimination in any aspect of employment. Protection under the ADEA includes: hiring; training; pay; job assignments; promotions; firing; layoff; benefits; and any other conditions of employment.
It is unlawful to harass a person because of his or her age. Age discrimination and harassment can include offensive or derogatory remarks about a person's age that is frequent or severe. This kind of harassment can create an offensive work environment and could result in an adverse employment action. The harasser can be any company supervisor, co-worker, client, or even the company’s customer.
However, it is important to note, that the ADEA does not prohibit simple teasing, offhand comments, or isolated incidents that are not severe.
Disability Discrimination
Under the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) disability discrimination occurs when an employer treats an employee or applicant unfavorably because he or she has a disability or has a history of a disability (i.e., cancer in remission).
In order to be protected under the ADA and ADAAA, an employee or applicant must be qualified for the job and have a disability as defined by the law. A person can show that he or she has a disability if he or she: 1) has a physical or mental condition that substantially limits a major life activity (walking, talking, seeing, hearing, learning, or operation of a major bodily function); 2) has a history of a disability; 3) is subject to an adverse employment action and is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he or she does not have such an impairment).
The ADA and ADAAA also:
- forbids disability discrimination when it comes to hiring, training, paying, assigning jobs, promoting, firing, layoffs, benefits, and any other conditions of employment;
- requires an employer to provide reasonable accommodation (the company can choose the accommodation if more than one works) to an employee or applicant with a disability, unless it would cause significant expense or difficulty for the employer;
- protects an applicant or employee from disability discrimination based on their relationship with another person with a disability (discriminating against an employee because his wife has a disability);
- protects an applicant or employee from disability harassment for a current disability, a past disability, or is believed to have a physical or mental impairment that does not last or expected to last six months or less. Disability harassment includes offensive remarks about a person's disability that is so frequent or severe that it creates a hostile or offensive work environment or results in an adverse employment decision;
- does not prohibit simple teasing, offhand comments, or isolated incidents that are not severe.
The disability harasser can be any company supervisor, co-worker, client, or even the company’s customer.
The law places strict limits on employers when inquiring about disability-related questions to its job applicants. An employer:
- may not ask a job applicant to take a medical exam or answer disability-related questions before extending a job offer;
- may not ask job applicants if they have a disability (or about an obvious disability); and
- may ask job applicants whether they can perform the job with or without a reasonable accommodation.
Sex-Based Discrimination
Sex discrimination at work violates Title VII of the Civil Rights Act of 1964 when an employee or applicant experiences unwelcomed conduct that is based on his or her sex/gender, pregnancy, sexual orientation, or gender identity. Discrimination against an individual because of sex is a violation of Title VII.
Title VII forbids sex discrimination when it comes to hiring, pay, job assignments, promotions, training, fringe benefits, firing, layoff, and any other condition of employment.
Title VII also forbids sex discrimination harassment. It is unlawful to harass a person because of that an applicant’s or employee’s sex, sexual orientation, gender identity, or pregnancy. Harassment can include:
- sexual harassment;
- unwelcome sexual advances;
- requests for sexual favors;
- verbal harassment of a sexual nature;
- physical harassment of a sexual nature;
- offensive remarks about a person's sex;
- offensive remarks about a person's sexual orientation;
- offensive remarks about a person's gender identity; and
- offensive remarks about a person's pregnancy.
Title VII doesn't prohibit minor teasing, offhand comments, or isolated incidents that are not serious or frequent. Harassment is illegal when it is severe or frequent that it creates an offensive or hostile work environment or when it results in an adverse employment action.
The harasser can be any supervisor, a co-worker, a subordinate, a client, or a customer. Both the employee or applicant and the harasser may be the same sex or the opposite sex.
An employer covered by Title VII is not allowed to fire, refuse to hire, discriminate, or take assignments away from someone because customers or clients would prefer to work with people who have a different sexual orientation or gender identity. Employers also are not allowed to segregate employees based on actual or perceived customer preferences.
It is illegal for an employer to harass any employee for:
- opposing unlawful employment discrimination;
- filing an EEOC charge
- filing a complaint;
- or participating in any investigation, hearing, or other proceeding connected to Title VII enforcement.
Pregnancy Discrimination
Pregnancy discrimination at work violates Title VII of the Civil Rights Act of 1964 when an employee or applicant experiences unwelcomed conduct that is based on her pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, leave, health insurance, and any other condition of employment.
If a pregnant employee suffers from conditions resulting from pregnancy (pre-eclampsia, gestational diabetes, pregnancy-induced hypertension, bleeding, or protein in the urine) it may be considered as a disability under the Americans with Disabilities Act (ADA). If so, an employer may have to provide a reasonable accommodation (such as leave, light duty or modifications that enable an employee to perform her job) for a disability related to pregnancy, absent significant difficulty or expense. Under the PDA, an employer that allows temporarily disabled employees to take disability leave or leave without pay, must allow an employee who is temporarily disabled due to pregnancy to do the same.
It is unlawful to harass a woman because of her pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so severe or frequent that it creates an offensive work environment, a hostile work environment, or an adverse employment action. The harasser can be any supervisor, a co-worker, a client, or a customer.
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
Harassment
Harassment at work violates Title VII of the Civil Rights Act of 1964 when an employee or applicant experiences unwelcomed conduct that is based on race, color, religion, sex, national origin, or genetic information. Harassment at work violates the Age Discrimination in Employment Act of 1967, (ADEA), when an employee or applicant experiences unwelcomed conduct that is based on his or her age. Harassment at work violates the Americans with Disabilities Act of 1990, (ADA) when an employee or applicant experiences unwelcome conduct that is based on his or her disability.
Offensive conduct includes: epithets, offensive jokes, slurs, mockery, name calling, physical assaults, threats, intimidation, ridicule, insults, offensive objects, offensive pictures, and interference with work performance.
The harasser can be any of the employer’s supervisors, an agent of the employer, a co-worker, or even a non-employee. The employee complaining of the harassment does not have to be the person harassed. The complainant can be anyone affected by the harasser(s) offensive conduct. Unlawful harassment may occur without an adverse employment action or economic injury to the victim.
Harassment is unlawful when the offensive conduct becomes a condition of continued employment or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. In other words, a reasonable person would determine that the conduct created a work environment that was intimidating, hostile, or offensive.
National Origin Discrimination
National origin discrimination at work violates Title VII of the Civil Rights Act of 1964. The law forbids discrimination when it comes to hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other condition of employment. National origin discrimination involves treating an applicant or employee unfavorably because:
- they are from a particular country or part of the world;
- of their ethnicity or accent;
- they appear to be of a certain ethnic background; or
- they are married to (or associated with) a person of a certain national origin.
National Origin Discrimination can occur when the applicant or employee and the discriminator are the same national origin.
National origin harassment can include offensive or derogatory remarks about an applicant’s or employee’s national origin, accent, or ethnicity. However, simple teasing, offhand comments, or isolated incidents that are not serious, are legal. National Origin harassment is illegal when it is frequent or severe and: 1) creates a hostile or offensive work environment; or 2) when it results in an adverse employment action.
However, simple teasing, offhand comments, or isolated incidents that are not serious, is not necessarily national origin employment harassment. In addition, an employer can require an employee to speak fluent English if fluency is necessary to perform the job effectively.
Race/Color Discrimination
Race/Color discrimination at work violates Title VII of the Civil Rights Act of 1964 and 42 U.S.C.§1981 when an employee or applicant experiences unwelcomed conduct that is based on his or her race, color, or because of personal characteristics associated with race. Personal characteristics associated with race include: hair texture; skin color; or certain facial features. Title VII and §1981 prohibits discrimination in hiring, pay, job assignments, promotions, training, fringe benefits, firing, layoff, and any other condition of employment.
Race/color discrimination also can involve treating someone unfavorably because the person is married to a person of a certain race or color or associated with a person of a certain race or color. Race/color discrimination can occur when the employee or applicant and the discriminator are the same race or color.
It is also unlawful to harass a person because of that person's race or color. Race or color harassment includes: racial slurs, offensive remarks, derogatory remarks about a person's race or color, or the display of racially-offensive symbols. Race/color harassment is illegal when the offensive behavior is so severe or frequent that it creates a hostile work environment, an offensive work environment, or when it results in an adverse employment action. The harasser can be any employer supervisor, a co-worker, a client, or a customer.
Religious Discrimination
Religious discrimination at work violates Title VII of the Civil Rights Act of 1964 when an employee or applicant experiences unwelcomed conduct that is based on his or her religion or religious beliefs. Title VII protects traditional organized religions such as Christianity, Judaism, Buddhism, Hinduism, and Islam, but also others who have sincerely held religious, ethical, or moral beliefs.
Religious discrimination can involve treating someone differently because that person is married to an individual of a particular religion or associated with an individual of a particular religion. The law forbids discrimination when it comes to hiring, pay, job assignments, promotions, training, firing, layoff, fringe benefits, and any other condition of employment. An employee cannot be forced to participate or not participate in a religious activity as a condition of employment.
It is also illegal to harass an employee or applicant because of his or her religion. Religious harassment includes offensive remarks about a person's religious beliefs or practices when it is frequent or severe and: 1) creates a hostile or offensive work environment; or 2) when it results in an adverse employment action. The harasser can be any employers supervisor, a co-worker, a client, or a customer.
The law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. Examples of some common religious accommodations include:
- schedule changes;
- leave for religious observances;
- dress; or
- grooming practices.
An employer does not have to accommodate an employee's religious beliefs or practices if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do additional work. An employee cannot be forced to participate or not participate in a religious activity as a condition of employment.
Retaliation
Retaliation at work violates Title VII of the Civil Rights Act of 1964 when an employee or applicant complains of unwelcomed conduct that is based on race, color, religion, sex, harassment, or national origin. Retaliation at work violates ADEA when an employee or applicant complains of unwelcome conduct that is based on his or her age. Retaliation at work violates ADA & ADAAA when an employee or applicant complains of unwelcome conduct that is based on his or her disability.
It is also unlawful to retaliate against applicants or employees for:
- filing or being a witness in an EEO charge, complaint, investigation, or lawsuit;
- complaining with a supervisor or manager about employment discrimination;
- resisting sexual advances;
- protecting others from sexual advances;
- answering questions during an employer investigation of alleged harassment;
- requesting an accommodation based on disability or religion;
- refusing to follow orders that are discriminatory;
- asking managers or co-workers about salary information to uncover potentially discriminatory wages.
