What Is Workplace Discrimination?
Unlawful workplace discrimination happens whenever an employee or an applicant is so treated where having a particular characteristic race, gender, age, religion, national origin, disability, or sexual orientation becomes a propelling cause. Discrimination by an employer may comprise one or more or a combination of the following acts: hiring, promotion, assignment of pay and job, or termination of employment from the company.
There is not always a straightforward route to finding discrimination in the workplace. More often than not, cases would involve subtle behaviors or policies that may affect certain groups differently. Should you find yourself feeling treated unfairly for a reason related to a protected class, the first thing is to know your legal option and the possible ways you can go about remedying the situation.
Types of Discrimination at Work
There are a lot of different types of workplace discrimination made by federal law as being illegal. A few are as follows:
- Discrimination on the basis of race and ethnicity is treating employees differently because of their race or national origin.
- Gender discrimination could also mean unequal treatment or harassment based on one’s gender or gender identity.
- Age discrimination is prejudiced actions taken to persons aged forty years and above.
- Disability discrimination is failure to accommodate a person or to treat that work with that person poorly just because such an employee has a disability.
- Religious discrimination is not making reasonable accommodations for an employee due to religion or harassing an employee based on a given religion.
If any of the above discriminations interfere with your work for creating any hostile work environment, then it can form a ground for the lawsuit.
How to File an EEOC Complaint
The EEOC complaint has to be filed before you could bring a discrimination lawsuit. The EEOC provides authority to investigate and enforce the laws against discrimination in the workplace. Generally, you can file your charge within 180 days of the alleged discrimination.
The EEOC complaint may be filed online, through the mail, or in person at your closest EEOC office. The basis of the complaint should include the descriptions of the discriminating acts, the dates of the acts, and any supporting evidence or witnesses. Upon its receipt, the EEOC will proceed to investigate the allegations involved.
Before you go ahead and file your complaint, you must keep track of a detailed diary of incidents such as names, places, and times of the occurrence of the bias. In fact, having it all organized will make it very simple for the EEOC to assess your case and will probably give you a quicker outcome.
What Happens After Filing an EEOC Charge?
After filing a complaint with the EEOC, an agency will evaluate if it warrants jurisdiction. If it does, it may commence a probe within their organization or set up mediation between you and your employer or even file the lawsuit on your behalf when it is specifically warranted.
Otherwise, upon completing their investigation, or if they decide not to act upon it, the EEOC will issue a letter that is referred to as the “Right to Sue” letter. This allows the person an opportunity to file a discrimination lawsuit, within 90 days upon receipt of the notice, in state or federal court.
Can You Sue for Discrimination?
After pursuing the process with the EEOC and obtaining the Right to Sue letter, you can sue for discrimination against a job. It will make sure that everything has been put in writing and give the court the necessary background.
Once you have sued someone for discrimination, stick out all pertinent evidence, such as e-mails or written submissions, witness accounts, or performance reviews that help prove the offense has occurred. Speaking to an employment attorney allows the applicant to gauge the merits of the case and also increase the odds of the outcome ending up favorably.
Legal Protections Against Workplace Discrimination
In the U.S., many laws exist both at the federal and state levels to prevent discrimination against employees strongly. They ensure that no employee is discriminated against on the grounds of race, gender, age, disability, religion, or any other protected characteristics. All laws on discrimination provide a very simple basis for laying complaints and suits by the employees against employers who are violating any particular anti-discrimination law.
Federal laws are enforced mainly by the Equal Employment Opportunity Commission (EEOC), which investigates all claims and enforces most of the important statutes. Many qualifying states have employment laws that are more widely protective than those allowed under federal law. Since employment laws are at both levels, employers, therefore, have the obligation to comply with the provisions of one law and the other set of its regulations, and noncompliance will incur serious consequences.
Federal Laws for Employees
Some of the main acts of the federal law under which an employee can file a grievance on workplace discrimination claim are:
Title VII of the Civil Rights Act of 1964
This was one of the most revolutionary laws, whereby all forms of discrimination prohibited were based on race, color, religion, sex, or national origin in all aspects of employment such as hiring, payment, promotion, training, and firing.
The ADA does not only assure coverage for persons with physical or mental disability, but also requires that employers grant reasonable accommodation unless it causes undue hardship.
Age Discrimination in Employment Act (ADEA):
Protects employees aged 40 years and older against discrimination in employment because of age. The basic tenet of this statute has been covering all aspects of employment, from hiring to firing an individual, promotion, and such decisions pertaining to employee-related matters.
Equal Pay Act-1963
The law thus stipulates for equal pay for equal work thus making the prohibition of any gender wise hindrance as far as salaries are concerned toward becoming one of the most potent measures on workplace equality.
Genetic Information Nondiscrimination Act
Discrimination that can be defined in terms of such types of genetic information as family medical history is now prohibited by the law, and limits the way employers may be able to require or utilize genetic information for employment purposes.
Civil Rights Act of 1991
This law enabled employees to file a case against discrimination under Title VII. It also offered compensatory damages as well as punitive damages under the intentional discrimination cases.
These laws ought to be wielded as a mighty weapon against the varied forms of unfair treatment while availing a victim, of any violation, to the court to seek reparations. An organization unwilling to comply with the antidiscrimination protection would be saddled with consequences such as lawsuits, fines, and business reputation.
Should you think you have been victimized in any way, the first step is to understand these protections that exist for you then seek justice. Consult a lawyer who specializes in either workplace discrimination or an EEOC complaint to avail yourself of possible legal recourse.
Preventing Discrimination in the Workplace
This entails the responsibility of an employer to prevent discrimination by establishing an inclusive and respectful atmosphere. This is done through the employers’ enactment of anti-discrimination policy, training on diversity, and encouragement of employees to report inappropriate conduct without the fear of retaliation. Here are some best practices against discrimination:
- Educate employees and management on anti-discrimination laws.
- Set up reporting and complaint procedures that are visible and well communicated.
- Investigate and handle complaints quickly and proficiently.
- Promote workplace diversity and inclusion programs
A just and fair environment mitigates EEOC claims and lawsuits and increases productivity at work.
Conclusion
In cases of discrimination within the workplace, time is of the essence. A complaint to the EEOC is the first step in what could later develop into a legal suit for discrimination if the concerns are not resolved amicably. Empowering individuals by enabling that they know their rights and how to execute them will ensure that justice and dignity prevail in any work environment.
