Discrimination is not limited to a particular gender or people of a specific age bracket - it comes in all shapes and sizes. Here are some commonly asked questions clients ask about age and sex discrimination before moving on to file a case against their employer:
FAQs on Age Discrimination
Q: What comes under age-based harassment and discrimination?
A: Age harassment in the workplace may include offensive gestures, cartoons, symbols, or drawings, age-based comments or jokes, and other physical or verbal conduct pertaining to a person's age. Reassigning duties or tasks based on age is also a form of age discrimination.
Q: Who can be a harasser in terms of age discrimination?
A: Since age discrimination and harassment involves offensive and unwelcome conduct based on an individual's age in the workplace, a harasser can be an employer, a co-worker, a supervisor, or a client/customer.
Q: If someone discriminates against a person who is above forty years, but not others, will that be illegal?
A: Yes, it definitely will be. According to the US Equal Employment Opportunity Commission (EEOC), no one has the right to discriminate a sub-set of an age group of forty or older.
Q: Can an employer reassign or change the nature of work because of an employee's age?
A: No. It will be illegal for an employer to do this based on an employee's age, even when they have the intention that it will benefit the worker. For example, a manager of a customer service center cannot assign an older employee to provide service to only senior citizens.
FAQs on Sex Discrimination
Q: Will I be punished for reporting sex discrimination against my employer?
A: No. If your employer punishes, harasses, or treats you differently for reporting their discriminatory behavior or actions to the EEOC or an authority in your workplace, it will be illegal. You will be safe in case the misconduct you reported isn't found to be discrimination at the end.
Q: What comes under sexual harassment?
A: Typically, sexual harassment refers to any misconduct of a sexual nature by a harasser in the workplace. It includes sexual jokes, comments, or favors, pressure for going on dates, unwanted touching, sexual graffiti, gestures, pictures, or cartoons. It may also include comments based on gender, such as something being only a men's or women's work. A harasser can be your co-worker, supervisor, or a client/customer.
Q: Are there any laws that protect men against sexual harassment and discrimination?
A: Yes. The Sex Discrimination Act 1975 protects both men and women against unethical behavior in the workplace on the basis of gender.
Q: Is it legal for an employer to label certain types of tasks as female or male jobs?
A: No. An employer cannot label tasks to be handled by only men or women. For example, it will be unlawful for an employer of a company to consider only a male or a female for a receptionist job.
Age and sex discrimination are quite common in workplaces, and most people think that reporting such misconducts and unethical behavior can cost them their jobs. But, you shouldn't be worried as you are protected by the law. Talk to an experienced Roselle employment discrimination attorney to discuss your case today and seek legal assistance. Contact the Law Office of Michael T. Smith today at 847.466.1099 for a consultation.