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What Qualifies as Employment Discrimination?

Dec. 18, 2017

As an employee of any firm or organization that operates in the United States of America, there are certain employee rights that everyone should be aware of. The rights of employees as declared by law are something that every registered company in the United States needs to adhere to and an inability to do so means that the employee can challenge the company in court.

In the United States, the Employment Discrimination Law derives from common law. Employment discrimination in the private and public sector is directly addressed and implemented by the constitution of the United States of America, but has now become one of the rapidly growing bodies of the United States Federal Law.

Federal Law Prohibition

The Civil Right Acts of 1964 is the main basis that forms the Employment Discrimination Law and is evidence that people fighting for their rights get justice if they approach the problem with determination. The Discrimination Law addresses areas of:

  • Hiring

  • Recruiting

  • Promotion policies

  • Job evaluations

  • Compensation

  • Training

  • Disciplinary action

Under Federal law, there are specific subjects, on which the employer cannot base the hiring or termination of any employee at any time. These include:

  • Sex

  • Race

  • Religion

  • Pregnancy

  • Disability

  • Geographical origin or Nationality

  • Age (employees over 40)

  • Disability

  • Debts status or Bankruptcy

  • Military service

  • Status of Citizenship

  • Genetic Information

Discrimination and Harassment

It is important to take note that discriminatory acts can occur in the work place from any direction. Be it a superior not being fair to a person of a certain race, sex or age, or a co-worker who has been making jokes evidently or subtly. Any form of verbal slander towards a person due to their difference in appearance, age or disability can be counted as legally actionable.

It is also illegal for an employee to assume that a certain employee is unfit or incapable based on their disability.

How to Proceed

According to the United States Federal Law, companies or employers that have in any way discriminated employees which includes both, unfair treatment or evident discrimination, can be legally pursued by the employee. It is also illegal for the employer to retaliate against the employee who has filed the complaint.

There are certain laws that pertain to discrimination in the workplace, and certain situations may not fit the criteria. However, if they are related to any of the mentioned above aspects, legal action can be taken. If an employee feels that they are experiencing discrimination in the workplace, they can file a complaint with the EEOC (Equal Employment Opportunity Commission).

For employees facing any difficulty in the complaint filing process, they can acquire the help of reliable attorneys that have been working in this field. They can guide the employees through the filing process and can represent them accordingly in court.

Talk to an experienced Roselle wrongful termination attorney to discuss your case. Contact the Law Office of Michael T. Smith today for a consultation.