Employment discrimination may take many forms. Some of the most frequently occurring are outlined below. If you believe that you have been the victim of any of these types of illegal actions, you may want to speak with the employment lawyers at Swartz Swidler.
Discrimination based on age
People who are age 40 and older are protected against age-based employment discrimination under the Age Discrimination in Employment Act, or ADEA. This law protects workers who work at companies employing 20 or more workers, local, federal and state governments, employment agencies and labor organizations. All employment aspects are covered from recruiting through termination, and both employees and applicants are protected.
Discrimination based on disabilities
Title I of the Americans with Disabilities Act, or ADA, protects workers who have disabilities from discrimination. The act defines a disability as a mental or physical impairment substantially limiting at least one major life activity. Employers are required to make reasonable accommodations and are forbidden from asking applicants about whether they have disabilities. Medical screenings are only allowed if all applicants must undergo them.
Discrimination based on national origin
Applicants and employees who have different accents or ethnicities or who come from different places are protected under Title VII of the Civil Rights Act of 1964. Employers may not discriminate against workers or applicants based on their national origins or perceived national origins. They may have English-only rules only if they are needed for the business’s safe or efficient operation.
Discrimination based on pregnancy
Women who are pregnant are protected by the Pregnancy Discrimination Act. Pregnant women must be allowed to do their jobs as long as they are able to do so. Employers are required to offer pregnant women the same benefits and opportunities that the employer would offer to any other workers who have temporary physical conditions.
Discrimination based on color or race
Employers are forbidden from discriminating against applicants or employees because of their color or race under Title VII of the Civil Rights Act. Employers may not discriminate on the basis of a person’s perceived race because of their appearances, relationships or race-related characteristics. The law also forbids work practices that are not directly related to a business’s needs which affect people of other races disproportionately.
Discrimination based on religion
Employees may not be treated in discriminatory manners based on their religious beliefs. This protection falls under Title VII of the Civil Rights Act. Employers may not condition employment on an employee’s participation or lack of participation in religious practices. They must also offer reasonable accommodations to workers for their religious practices.
Discrimination based on sex
Title VII of the Civil Rights Act also forbids workplace discrimination based on a worker’s sex. The Equal Pay Act further mandates that men and women must be paid equally for equal work.
Employers are also forbidden from retaliating against workers who oppose conduct that they believe promotes discrimination. This includes retaliation for filing discrimination complaints, testifying or assisting in a discrimination investigation.
Other types of employment discrimination
There are more extensive protections offered to people under state and local ordinances, including additional classes that are not covered under federal law. If you believe that you have been the victim of one of these types of employment discrimination, you should contact the law firm of Swartz Swidler to schedule your consultation.