Discrimination at work


Pauline T. Data-Driven Discrimination at Work. A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted.


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WATCH RELATED VIDEO: How to Prove Discrimination at Work

What Is Required For An Employee To Prove Employment Discrimination?


The EEOC and the TWC are two agencies within the government that have the responsibility to enforce the laws banning discrimination and retaliation in the workplace. The EEOC is a part of the federal government and enforces the federal laws. The TWC is a part of the state government and enforces the state laws. The federal laws and the state laws are very similar so these agencies, though they operate separately, do similar things.

Their websites provide a lot of helpful resources and information. One of the primary functions of these agencies is to investigate charges of discrimination and retaliation in the workplace. When an applicant or employee believes he or she has been discriminated or retaliated against, he or she must file a charge with one or both of these agencies.

When a charge is filed, the agency where it was filed investigates the charge to determine whether or not there is reason to believe the person was discriminated or retaliated against.

Once the agency completes its investigation, it issues its decision. The law requires any individual to file a charge and receive a determination before that individual may file a lawsuit in court. Bad things can happen at work to most of us at different times.

You may be fired, you may be demoted, you may have your pay cut. These actions alone are not unlawful. However, if any actions like these happen to you because of your race , your color , your national origin , your age , your gender , your disability , your sexual orientation , your gender status, or any other protected trait, characteristic or belief, then your employer has violated the law.

There are more specific questions about discrimination below so keep reading. If the bad thing that happened to you did not involve a specific employment action but instead involved threatening, offensive, harassing, or rude behavior towards you by a co-worker, a supervisor, or any person that you come into contact with as a part of your job, you may have a harassment case. Harassment is a form of discrimination.

In Texas, behavior that is harassing is illegal so long as the harassment is motivated by a protected trait, characteristic or belief and is serious enough to interfere with job performance. For more information, read the EEOC page on harassment. Sexual harassment is a specific type of harassment that is illegal. Sexual harassment happens when an employee is asked by a supervisor or manager to do something sexual in exchange for job protection or advancement or when an employee is subjected to a pattern of sexually-charged threatening, offensive, or harassing behavior during their job.

There is a separate question about sexual harassment below. In Texas, it is against the law for your employer to take a negative employment action against you because of race , color , national origin , sex , gender, disability , religion , citizenship status, sexual orientation, gender status, or genetic traits.

This does not mean employers cannot take negative employment actions against people belonging to these protected classes. No, many different types of negative employment actions can be the basis of a discrimination case. This includes but is not limited to demotions, being passed over for a promotion, pay reductions; it may include a change in job assignments or shifts.

Not all negative employment actions, however, would make a discrimination case. The law was intended to target employment actions that have significant, tangible consequences, and so employment actions that cause minor or questionable consequences are not harmful enough to become a lawsuit.

For example, changing the location of your workspace is probably not going to be significant enough to be the basis of a discrimination case. Yes, it could be considered discrimination. If you were chosen to be included in the layoff because of your race, color, national origin, sex, sexual orientation, gender status, or any other protected class, then you were discriminated against.

Some employers offer severance packages when laying off employees. If you received a severance package, you may have been asked to sign a severance agreement that included a release of any claims, including discrimination claims. You should carefully read any document that you are asked to sign at the time of a layoff. Most cases, however, do not involve such clear evidence and so proving discrimination can be a challenge.

In cases where the evidence is not direct, one way an employee can show an action was discriminatory is by showing that the reason the employer gave for the negative action was not true. For example, if an employer fires an employee for no call, no show, but the employee had asked and was approved for vacation, this could be evidence of discrimination.

Another way is by showing that other employees not in the same protected class received different and better treatment or, in the example given, were not fired for no call, no shows. Here are some made-up examples of racial discrimination in the workplace:. Here are some examples of sex or gender discrimination in the workplace:. Here are some examples of sexual orientation or gender status discrimination in the workplace:. For more information on sexual orientation, visit the EEOC website here.

Here are some examples of pregnancy discrimination in the workplace:. For more information on pregnancy discrimination, visit the EEOC website here. If an employer is laying off a group of employees at the same time, and is asking employees to sign a release of claims in exchange for a severance payment, the employer must provide certain information to the laid off employees regarding the factors used in making the layoff selections and the ages of those chosen and not chosen for the lay off.

The law only protects discrimination against individuals who are forty years of age and older. It is not illegal to discriminate against people under 40 years of age on the basis of their age. First, employers may not discriminate against employees because of their religion. This means that your religion should not motivate or cause any negative employment action such as not being hired or being fired.

Second, when it comes to religion, the law requires employers to provide reasonable accommodations to employees whose sincerely held religious beliefs prevent them from performing or fulfilling some aspect of their job. You may be. The law, called the Americans with Disabilities Act, says that a disability is a physical or mental impairment that substantially interferes with one or more major life activities.

The law also covers individuals who are regarded as having a disability or who have a history of having a disability. This is a broad definition, and it has been interpreted broadly. Just because you have a disability, however, does not mean you have full job protection. The law requires that individuals with disability be qualified and able to perform the job they have or the job they are applying for either with or without a reasonable accommodation.

This means that if an individual either is not qualified or cannot perform the essential functions of a job, he or she is not protected from job loss under the law.

First, individuals with disabilities have a right to be free from discrimination. The right to be free from discrimination means that employers cannot take negative employment actions against an employee because of a disability so long as that employee can perform the essential functions of the job. So, a person in a wheelchair cannot be passed over for a job that does not require any standing simply because the person is in a wheelchair.

Second, applicants and employees with disabilities have a right to receive a reasonable accommodation that enables them to perform the essential functions of the job. To sum up, employers can require that employees be able to perform the essential functions of a job, but must provide reasonable accommodations to enable a person with a disability to do so.

There is a separate question and answer on reasonable accommodations. A reasonable accommodation is a modification to job duties, work schedule, or the physical work space that enables the applicant or employee to perform the essential functions of the job. Qualified applicants or employees are entitled to reasonable accommodations that enable them to perform their jobs as long as the accommodation does not impose an undue hardship on the employer.

If you need a reasonable accommodation for a disability, your employer has an obligation to work with you to figure out whether your request to work from home will be granted. The law, which is called the Americans with Disabilities Act, requires your employer to discuss your request with you in a process called the interactive process.

Both you and your employer must engage in good faith to consider and discuss the particular set of circumstances and the possible accommodations. As part of the process, you may be asked to provide information from your healthcare provider about your medical condition and the limitations or restrictions you have because of your medical condition. Employers are not allowed to ask for more medical or health information than they need in order to figure out whether to grant your accommodation request though.

If you think your employer is asking for too much medical information, you should reach out to an attorney to discuss what information employers can and cannot ask for. The law banning discrimination based on genetic information is called the Genetic Information Nondiscrimination Act. The law is intended to protect the confidentiality of genetic information and to prevent employers from making employment decisions based on guesses or assumptions about health based on genetic information or family medical history.

For more information, visit the EEOC website here. Yes, it sounds like it would be. In order to be unlawful, the offensive or hostile behavior must bother the person being harassed enough that it interferes with job performance, and it also must be the type of behavior that would offend an ordinary person.

Sexual harassment occurs when a person is on the receiving end of offensive or hostile behavior in the workplace that is not welcomed and is of a sexual nature.

Sexual harassment can be unwelcomed sexual advances, requests for sexual favors, unwelcomed physical contact; it can also be offensive verbal, visual or written contact that is sexual in nature, frequently-occurring, and not reciprocated. The law does not make an employer liable for sexually offensive behavior that is infrequent, isolated, or minor and so offhand remarks, simple teasing or isolated minor incidents may not be sexual harassment under the law.

With few exceptions, the employment discrimination laws cover employers with more than 15 employees. One exception is the Age Discrimination in Employment Act, which covers employers with more than 20 employees. Another is the law prohibiting discrimination based on citizenship status, which is the Immigration and Nationality Act; it covers employers with 4 or more employees. Federal law and state law apply in Texas to employment situations.

The state law is found in Chapter 21 of the Texas Labor Code. The federal law that prohibits discrimination on the basis of race, color, national origin, sex, gender, sexual orientation, gender status, and religion is Title VII of the Civil Rights Act of , as amended.

The federal law that prohibits discrimination on the basis of age is the Age Discrimination in Employment Act. The federal law that prohibits discrimination on the basis of the disability is the Americans with Disabilities Act. The federal law that prohibits discrimination on the basis of genetic information is the Genetic Information Non-discrimination Act. This is called retaliation, and it is illegal. If your employer takes any negative action against you that was meant to dissuade you or others from making any more protected complaints, it would be considered retaliation.

Texas and federal law both require a person who believes they have been retaliated against for making a protected complaint of discrimination to file a charge of discrimination with either the Equal Employment Opportunity Commission or the Texas Workforce Commission, Civil Rights Division.

This must be done before a lawsuit may be filed. And, it must be done within a certain time period after the discriminatory action took place so act fast. You should also consider retaining a lawyer to represent you. Texas and federal law both require that any person who believes they have been discriminated against in employment file a charge of discrimination with either the Equal Employment Opportunity Commission or the Texas Workforce Commission , Civil Rights Division.

And, it must be done within a certain time period after the discriminatory action took place so please act fast! Use the TexasLawHelp Legal Help Directory to find legal aid organizations and private attorney referral organizations who may be able to help. Common Topics. Family, Divorce, and Children.



How to Prevent Workplace Discrimination

Is your complaint about equality law or is it about another sort of problem at work? You do not have to choose only one of these. Instead, you could try them in turn. If you cannot get your employer to put things right, then you can make a claim to the Employment Tribunal. Just be aware that if you do decide to make a claim to the Employment Tribunal, you need to tell them about your claim by filling in a form within three months less one day of what happened.

Discrimination is prejudicial treatment in the workplace, which may affect hiring, firing, promotions, salary, job assignments, training, benefits and/or.

Discrimination at work

As coronavirus restrictions begin to ease, employees are gradually starting to return to the workplace. However, a number of employees continue to remain reluctant to do so for a variety of reasons, not least because they have enjoyed the flexibility which working from home affords. There are several valid reasons why employees may like to remain working from home, even when it is deemed safe to return to the workplace. In UK law, indirect discrimination occurs when a provision, criterion or practice PCP , which applies to all staff, puts a group of people who share a protected characteristic such as age, sex, disability, etc. Therefore, if employers promote or provide more opportunities for office-based employees to progress, there is a risk of indirect discrimination claims caused by the resulting unfavorable treatment of home-based staff on the grounds of sex, disability or age. To avoid liability for claims, employers will have to show that their practices can be objectively justified, if a discrimination claim is brought. In order to avoid, or militate against, potential claims, employers should think carefully about the following points:. In summary, to avoid unlawfully discriminating against employees, employers will need to be mindful about managing a disparate workforce, with some employees based in the office and others at home. Care will need to be taken to support all employees to ensure that office-based workers are not given preferential treatment.


Discrimination at Work

discrimination at work

View all blog posts under Infographics. Varying degrees of discrimination exist around the world. Whether on a personal or professional level, it can be surprising to realize how strongly established some prejudices are, and how they can affect people in a real world environment. While there are many different laws and established practices designed to help keep such discrimination in check, there are certain cases that go unnoticed.

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Racial & Nationality Discrimination in the Workplace

The U. Equal Employment Opportunity Commission EEOC enforces federal laws prohibiting discrimination against a job applicant or an employee during a variety of work situations including hiring, firing, promotions, training, wages and benefits. These laws are the basis of how the EEOC enforces discrimination in the workplace. Court law interpretation and amendments to these laws are evolving. Many of the state laws currently in place are similar in nature to federal civil rights laws, but may offer additional protections against employment-related discrimination. Almost all states have adopted discrimination laws related to employment, with protection against discrimination based on various factors, such as race, gender, age, marital status, national origin, religion or disability.


Employment [6]

Under the Equality Act , there are nine Protected Characteristics. You cannot be discriminated against during the recruitment process, or at work, if you possess any of these characteristics; which we explain below. For free initial legal advice get in touch with our Employment Solicitors. There are mainly two types of discrimination, direct discrimination and indirect discrimination. Direct discrimination is when you are treated less favourably because of one of the following protected characteristics:. Indirect discrimination is when a practice, criterion or policy puts a particular group at a disadvantage because you possess one of these protected characteristics. As an example, your employer may implement a performance-related bonus.

Thousands of people report job discrimination to the government each year. Employers are rarely held accountable.

What Counts as Discrimination at Work?

No person deserves to feel unsafe or unwelcome in their place of employment—whether due to racial discrimination, instances of sexual harassment , or unsavory practices. Unfortunately, employment and workplace discrimination continues to occur on a regular basis, with the federal Equal Employment Opportunity Commission EEOC receiving 67, complaints in alone. When combined with state and local complaints—as well as the numerous incidents that remain unreported—it is clear that fighting workplace discrimination is an ongoing battle.


Overweight and Underpaid: Weight Discrimination at Work

UK, remember your settings and improve government services. We also use cookies set by other sites to help us deliver content from their services. You can change your cookie settings at any time. Employers have to follow the law on preventing discrimination at work.

Workplace discrimination has become one of the hottest HR-related topics for employers and small businesses. Now, more than ever, everyone from small business owners to CEOs at Fortune companies is committed to preventing discrimination in the workplace.

They are an independent public body that accounts directly to the Oireachtas. Their purpose is to promote and protect human rights and equality in Ireland and build a culture of respect for human rights, equality and intercultural understanding across Irish society. Discrimination in the workplace can happen when your employer, workmate, or a company you are applying to, treat you less favourably than another person, because of who you are. The EEA aim to ensure that people have equal opportunities in relation to skills, training, jobs and promotion. The EEA explain the different kinds of discrimination in relation to the workplace which are against the law. The EEA outlaw certain kinds of discrimination under nine specific grounds. This means that the EEA do not cover every form of discrimination.

Skip navigation. The laws enforced by EEOC makes it unlawful for Federal agencies to discriminate against employees and job applicants on the bases of race, color, religion, sex, national origin, disability, or age. A person who files a complaint or participates in an investigation of an EEO complaint, or who opposes an employment practice made illegal under any of the laws that EEOC enforces is protected from retaliation. Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin.


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