Anti Discrimination Laws
Have You Been Discriminated Against: Four FAQ Questions Regarding Employment Anti-Discrimination Laws and Your Rights
Discrimination - you heard the word before, perhaps more from minorities or women, and you know that discrimination is illegal to do, however it occurs.
1 – Anti-Discrimination Laws: Do They Just Protect Women and Minorities?
Anti-discrimination laws are not just for women and minorities. Rather, the laws were created to shield all workers from decisions of employment founded on protected status. For example: an employer who pays their female employees a higher wage salary than their male workers doing the same job could be considered discriminating against their male workers, a violation under the Title VII.
In a similar case: an Asian-American worker who has missed three days of work is merely suspended. However, a Caucasian worker who missed the same amount of days is fired. The employer could be found to have discriminated against the Caucasian worker based on race.
2 – Besides Employment, Are There Other Employment Relationship Aspects Which Anti-Discrimination Laws Regulate?
Anti-discrimination laws regulate various aspects of work such as:
- Hiring
- Firing
- Job duties
- Wages
- Promotions
- Benefits
- Reviews
The laws do not make employers provide certain benefits or implement job review procedures or come up with job descriptions. Instead, the laws require that the employer stipulates his/her own policies as long as they pertain to all employees with no discrimination effect behind them and that they don’t produce the effect of discrimination against one or more of the protected classes.
3 – What Are The Biggest Federal Anti-Discrimination Laws?
There are several anti-discrimination laws in place to protect people. The most well-known anti-discrimination law is Title VII. This prohibits the discrimination of a person based on their race, sex, color, religion and national origin. The ADEA forbids discrimination based on a person’s age (if 40 or older). ADA Title 1 forbids discrimination based on a person’s disability. The NLRA forbids discrimination based on employee’s union or concerted activity.
Most states have anti-discrimination laws that are similar to the federal anti-discrimination laws. Some local ordinances and state statutes tend to expand upon the federal laws. For instance: some states forbid discrimination based on a person’s weight, sexual orientation and marital status.
4 – What Should You Do If You Believe You’ve Been Discriminated Against
It’s always a good idea to talk to your employer about your discrimination concerns so that the problem is resolved in an informal manner. It’s possible that the employer doesn’t know that persons are being discriminated against. Or, the employer may decide to deal with the matter and fix it.
If you decide to take the matter to court, you’ll want to get expert advice and act pretty quickly. Anti-discrimination laws have a time limit to which a claim can be filed. Federal law demands that employees must file a complaint with the EEOC first before they can file a lawsuit in court. There are some cases where an employee must file their complaint with the state agency that’s in charge of enforcing the anti-discrimination laws. Employees whose claims that fall under the NLRA must file their charge under the NLRB.
If you have not been hired or have been fired for discriminatory reasons, it’s important you look for a job even if you believe you qualify for the other position. If you don’t seek work on a regular basis, it might seem like you’re not interested in working. This will weaken the claim you filed and even limit the monetary award you are due in back pay.
For more information about employment laws and legal issues, go to Legal Form Free site, and you can download many legal forms free of charge, including Employment Offer Forms and other workplace forms that can be used by employer and new hire as well.