Get Familiar With Workplace Discrimination Laws Details
Workplace Discrimination Cases: How You Can Know If It’s Happening To You and What You Can Do About It
All the employers in United States are required to observe federal employment discrimination laws prohibiting workplace discriminations based on skin color, age, race, sex, religion, origin of nation, physical disability, etc. Discriminatory practices are including but not limited to hiring a new employee, promoting an existing employee, compensation, employee termination and job assignment along with harassment at the workplace. The United States Constitution and some state constitutions provide additional protections if the employer is part of a government. Besides federal laws, many state level laws are stricter than federal laws.
The following federal laws are most important laws prohibiting
workplace discriminations:
• Title VII of the Civil Rights Act of 1964
• Rehabilitation Act of 1973.
• Lilly Ledbetter Fair Pay Act.
• Pregnancy Discrimination Act (PDA).
• Equal Pay Act.
• Family and Medical Leave Act (FMLA).
• Age Discrimination in Employment Act (ADEA).
• Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAAA)
When you sign the job offer letter, you will receive the employment package from HR department and you will get a chance to read through details of protections at workplace. However if you happen to be exposed to those similar discriminations of harassment during the work period, what would be the options you can choose from?
- Speak to your employer and complain informallyThe biggest problem about the discrimination and harassment is lack of communications between employer and employee. Even if the obvious incident happened, those acts tend to become unpublished and remain forgotten and not corrected after all. Most employers are reluctant to admit such an incident, but you need to ensure that such a discrimination and harassment are reported to the employer first and begin the conversation.
- Bring a grievance using your employer’s standard procedures.
By following the preset procedure, you are on the right track. Give them as much detail as you can, and the issues that need to be resolved in the form.
- Make a claim to the Employment Tribunal.
If you cannot get your employer to correct those reported problems, then you can make a claim to the Employment Tribunal by filing a complaint form within three months of what happened. It will be three person panel, including fully qualified judge and two people with extensive experience employment claims and disputes.
Actions That Are Against The Employment Discrimination Laws
Under Title VII, the ADA, GINA, and the ADEA, it is against discrimination law in any aspect of employment, including:- Hiring and termination, transfer, promotion, compensation, assignment, or classification of employees, utilization of company facilities, disability leave and retirement plan.
Other discriminatory actions also include:
- Harassment on the basis of skin color, religion, race, sex, national origin, disability, genetic information, or age;
- Retaliation actions after an employee filed a charge of discrimination
- Any employment related decisions based on stereotypes or assumptions about the marriage status, abilities, traits, or performance of individuals of a certain group, race, sex, race, age, religion, or individuals with disabilities, or based on myths or assumptions about an person's genetic information or religious group or personal practice.
Under the Title VII not only intentional discrimination is prohibited, but also practices that have the effect of discriminating against any employed individuals because of their race, color, national origin, religion, or sex. Title VII's broad prohibitions include major factors such as National Origin Discrimination, Religious Accommodation and Sex Discrimination.
For other legal cases and related laws, go to the forms site, and you will find many free legal forms that can be downloaded without fees, including Employment Forms, Contract Assignment that can be used for business owners at any time.