In the modern workplace, everyone is supposed to be considered equal and treated as such. Unfortunately, even with numerous laws in place and society’s views on many subjects having changed, many types of discrimination still occur on the job. Whether due to a person’s gender, religious beliefs, race, sexual orientation, or other aspects, employment discrimination can not only harm a person’s professional life, but their personal one as well. However, due to the various types of discrimination present in the workplace, many people are uncertain if they have in fact been discriminated against by their employer. Rather than let a supervisor, manager, or other employees get by with illegal discriminatory practices, here are some common examples of what constitutes workplace discrimination, and how a discrimination attorney from West Coast Employment Lawyers may be of assistance in protecting your legal rights.
Age Discrimination
In situations where age discrimination is alleged, it most often applies to individuals who are 40 years of age or older. In most cases, these situations develop when a person is not hired for a job simply due to their age, when an employee is passed over for a promotion or raise, or if an older employee is demoted into a lesser job based solely on their age. According to federal law, with only a few exceptions, employers are not allowed to state age preferences when advertising job openings. Since these cases can be complex, always turn to an employment lawyer who has experience handling these situations.
Religious Discrimination
In these scenarios, an employer discriminates against an individual based on that person’s religious beliefs or customs. This can involve not hiring an individual based on their religion, refusing to promote due to their religion, or failing to make reasonable accommodations for a person’s religious customs. Since an employer faced with this situation will often argue making accommodations for one person or a small group of people will create an undue hardship on the business, always consult an employment attorney for advice on how to best handle these matters.
Gender Discrimination
Arguably the most common type of workplace discrimination, gender discrimination can take many different forms. Common examples include paying a female employee less than her male counterpart for the same job, refusing to promote women into positions of leadership within a company, or perhaps having an employer conveniently refuse to hire women for certain types of jobs. Whatever the case may be, these situations almost always require the assistance of a discrimination lawyer to ensure a person’s legal rights are protected in these cases.
Pregnancy Discrimination
While most people believe discriminating against women due to their being pregnant ended decades ago, the fact is this form of discrimination is still quite prevalent within today’s workplace. Whether this involves not hiring a qualified woman due to her being pregnant, demoting an employee due to her condition, or firing a woman while she is on maternity leave, employers are forbidden from these and other acts. According to federal law as stated in the Pregnancy Discrimination Act of 1978, employers are to handle pregnancies the same way they would a temporary illness or other condition that requires special considerations. Unfortunately, many employers get by with pregnancy discrimination, since women are often dealing with a variety of other issues due to their pregnancy. Rather than let an employer deny you the legal rights you deserve, contact a discrimination attorney to discuss your case in greater detail.
Racial and Ethnicity Discrimination
If an employer is prejudiced against people of a certain race or ethnicity, they will likely use various discriminatory practices to make sure those individuals are not working for them. In these cases, it can sometimes be hard to prove this type of discrimination has occurred. In most situations, it will require a discrimination lawyer conducting an extensive investigation of the employer to establish a pattern of unusual hiring and promotion practices. Since it is likely the employer will strongly deny all allegations of racial and ethnicity discrimination, these cases will require working with an employment lawyer who has in-depth knowledge of how to prepare for and win these cases.
Discrimination Due to Personal Relationships
In some examples of workplace discrimination, an employer will refuse to hire, promote, give a raise in pay, or approve appropriate leave time for a person based solely on that person’s relationship to another individual. For example, if an employer has had a personal disagreement outside the workplace with a relative or friend of the employee or applicant, they may choose to not hire the person, even if they are perfectly qualified for the job and had nothing to do with whatever situation may have occurred. While considered some of the most difficult workplace discrimination cases to win, they are not impossible. Because of this, do not hesitate to contact a skilled employment attorney if you feel this type of discrimination has taken place against you or a family member.
Mental and Physical Disabilities
Based on the Americans with Disabilities Act, those with mental or physical disabilities are entitled to equal treatment in employment, education, and other aspects of society. However, even with federal laws stating this, many employers will go to great lengths to keep from hiring disabled individuals. Since these individuals sometimes feel intimidated or are unable to fully understand what is being done to them, many employers unfortunately get by with these illegal hiring practices. Whether refusing to hire a person who uses a wheelchair, has an intellectual development disability, or has a physical deformity such as an amputation or birth defect, employers will sometimes do everything possible to keep from having these persons join their company. Because individuals with disabilities are sometimes taken advantage of by unscrupulous employers, always rely on West Coast Employment Lawyers to fight hard to protect the legal rights of those who may be the most vulnerable.
Employer Retaliation
Of all types of workplace discrimination, more complaints are filed with the Equal Employment Opportunity Commission regarding employer retaliation than any other form of discrimination. According to data from the EEOC, nearly 49 percent of all complaints filed with the agency are based on charges of employer retaliation. In many cases, employees will allege an employer has purposely created a hostile work environment for the employee in hopes of getting that person to quit their job. Examples of a hostile work environment can include an employee being subjected to offensive remarks, being given job duties and responsibilities that are impossible to complete or being forced to work hours that create an unnecessary hardship on the employee. If you believe you are being subjected to a hostile work environment, contact an employment lawyer as soon as possible to discuss your various legal options.
Since people spend many years of their lives working at a job, they should have an opportunity to do so in an environment that is free of discrimination. Unfortunately, this is not always the case. If you or a family member have been the victim of employment discrimination based on age, gender, race, or other factors, contact West Coast Employment Lawyers to gain the services of a discrimination attorney who will hold an employer accountable for their actions.
What Can Be Considered Discrimination At Work?
