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Employment Law
Federal, state and local laws provide protection for employees from discrimination based on an array of protected classes. Under federal law it is illegal to discriminate against job applicants or employees because of a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older) or disability.
Moreover, it is also illegal to retaliate against an individual because they complained about discrimination, filed a charge of discrimination or participated in an employment discrimination investigation or litigation. Furthermore, some state and local laws have expanded their protections to prohibit discrimination based on:
- Marital/familial status;
- Age discrimination for employees under 40;
- Veteran status;
- Domestic violence victim status; and
- Certain criminal convictions or arrest.
Sexual Harassment
Title VII of the Civil Rights Act, as well as various state and local laws, prohibit sexual harassment in the workplace. Sexual harassment is any unwelcome sexual advance or conduct that creates an intimidating or hostile working environment. Moreover, there are generally two types of sexual harassment: quid pro quo harassment and hostile work environment.
Quid pro quo translates as “this for that,” and usually occurs when a superior requests sexual favors in exchange for continued employment, or some other workplace benefit. A hostile work environment exists if an employee is subjected to frequent unwelcome advances, derogatory remarks or other forms of harassment.
Pregnancy Discrimination
Under the Pregnancy Discrimination Act (PDA), women are protected from adverse treatment at work based on pregnancy (which is another form of sex discrimination) and are entitled to be accommodated at work just like other temporarily disabled employees. Pregnant women may find themselves being subjected to offensive comments, overlooked for promotions or bonuses, demoted or even terminated, just on the basis of their pregnancy.
Moreover, while the PDA only applies to employers with 15 or more employees, varying state and local laws extend their protections to smaller companies with fewer employees. Additionally, aside from Title VII, pregnant women are also generally protected under the Family and Medical Leave Act (FMLA). Under the FMLA, pregnant individuals are allowed to take up to 12 weeks of job-protected, unpaid leave without fear of retaliation upon return.
Sex or Gender Discrimination
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Sex or gender discrimination is prohibited by Title VII of the Civil Rights Act, as well as state and local laws, and is one of the most common types of discrimination in the workplace. Sex or gender discrimination occurs when an employee is treated differently from his or her coworkers because of his or her sex. Indeed, employers are prohibited from basing compensation or promotions on gender stereotypes. Moreover, the Equal Pay Act mandates employers to provide equal pay to employees who hold substantially similar positions, regardless of their gender.
Sexual Orientation Discrimination
Sex or gender discrimination is prohibited by Title VII of the Civil Rights Act, as well as state and local laws, and is one of the most common types of discrimination in the workplace. Sex or gender discrimination occurs when an employee is treated differently from his or her coworkers because of his or her sex. Indeed, employers are prohibited from basing compensation or promotions on gender stereotypes. Moreover, the Equal Pay Act mandates employers to provide equal pay to employees who hold substantially similar positions, regardless of their gender.
- Denial of a promotion;
- Demotion; or
- Wrongful termination.
Race and National Origin Discrimination
Race and national origin discrimination involves differential treatment with respect to the terms and conditions of an individual’s employment that is motivated by his or her race or national original (the country where they or their family is from). Title VII of the Civil Rights Act of 1964, as well as state and local laws, prohibit race and national origin-based discrimination at work. An example of race or national origin discrimination would be if an employer failed to promote an employee, demoted them, has disparate pay practices or terminated them, based simply on their race. Another example would be an employee or supervisor making offensive or stereotypical comments about an individual’s race or national origin.
Disability Discrimination
Race and national origin discrimination involves differential treatment with respect to the terms and conditions of an individual’s employment that is motivated by his or her race or national original (the country where they or their family is from). Title VII of the Civil Rights Act of 1964, as well as state and local laws, prohibit race and national origin-based discrimination at work. An example of race or national origin discrimination would be if an employer failed to promote an employee, demoted them, has disparate pay practices or terminated them, based simply on their race. Another example would be an employee or supervisor making offensive or stereotypical comments about an individual’s race or national origin.
- Derogatory remarks or “jokes” about an employee’s disability;
- Refusal to grant an accommodation and/or time off to get medical treatment;
- Demotion; or
- Termination of an employee because of their disability or medical condition.
Age Discrimination
Age discrimination is a common form of discrimination. The Age Discrimination in Employment Act (ADEA) is a federal law that precludes employers with at least 20 employees from discriminating against individuals who are over the age of 40, on the basis of their age. Additionally, some state and local laws protect employees from age discrimination even if they are under the age of 40.
Religious Discrimination
Employers are prohibited from discriminating against or harassing employees because of their religion and are also required to provide reasonable accommodations for their employees’ religious practices. This means that employers cannot refuse to hire, deny promotions, demote, terminate or take any other adverse employment actions that are based on a discriminatory animus towards an individual’s religion. Religious beliefs include not only established religions such as Christianity, Judaism, Islam, etc., but also other sincerely held religious, ethical and personal beliefs.
Family and Medical Leave Act (FMLA)
The FMLA provides eligible employees that work for covered employers the ability to take job-protected, unpaid leave for certain family and medical reasons. Additionally, employers that are covered by the FMLA are required to provide qualified employees with certain notices and information regarding their rights under the law.
All public agencies as well as private employers with at least 50 employees are “covered” by the FMLA. Moreover, an eligible employee is an individual who has worked for the employer for at least 12 months, has worked at least 1250 hours in the past 12-month period, and works at a location where there are at least 50 employees within a 75-mile radius. Under the FMLA, eligible employees that work for a covered employer are entitled to 12 weeks of job-protected, unpaid leave in a 12-month period for:
- Derogatory remarks or “jokes” about an employee’s disability;
- Refusal to grant an accommodation and/or time off to get medical treatment;
- Demotion; or
- Termination of an employee because of their disability or medical condition.
FMLA claims often accompany disability claims, especially when an individual with a disability or medical condition is denied FMLA, or some other accommodation.
