Protecting Your Rights Against Employment Discrimination

Federal and State Protections

Employees are protected under federal law from discrimination based on:

• Race
• Color
• Gender
• Pregnancy
• Age (if you are at least 40 years old)
• Religion
• Nationality
• Disability
• And several other protected classes

State and local laws may provide additional protections. It is crucial for employees to understand that they have the right to a safe working environment free from discriminatory practices and that retaliation for reporting discrimination is strictly prohibited.

Forms of Discrimination

Race, Color, or National Origin Discrimination

Under Title VII of the Civil Rights Act of 1964, it is illegal to discriminate against an employee or job applicant based on race, color, or national origin. This includes making employment decisions based on stereotypes or assumptions. Discrimination may manifest through direct actions, harassment, indirect discrimination, or retaliation.

Disability Discrimination

The Americans with Disabilities Act (ADA) prohibits discrimination against employees with disabilities. Employers are required to provide reasonable accommodations unless it causes undue hardship. Discrimination can include not hiring, not making reasonable accommodations, or denying career advancement opportunities to qualified individuals with disabilities.

Sex and Gender Discrimination

Title VII also prohibits discrimination based on sex, which includes pregnancy, sexual orientation, and gender identity. The Equal Pay Act demands that all genders receive equal pay for equal work. Discriminatory practices can include sexual harassment, as well as any employment decision based on gender stereotypes.

Legal Support and Compensation

If you have been discriminated against, you may be entitled to various forms of compensation, including:

• Back pay and front pay for wages lost due to discrimination
• Compensatory damages for emotional distress
• Punitive damages if the employer acted with malice or reckless indifference
• Attorney fees in certain cases
• Possible reinstatement to your position

Taking Action

It is essential to act swiftly as there are time limits within which you must file a charge of discrimination with the EEOC or your local state agency. If you believe you have been a victim of employment discrimination, maintaining detailed records of all incidents and communications related to the discrimination is critical.