Workplace discrimination is absolutely unacceptable under all circumstances. If you’ve been fired from your job, laid off, been passed over for promotions or other opportunities based on your age, race, gender, sexual orientation, or any such personal characteristics, which are protected under state and federal laws, it is important that you speak with an experienced lawyer about asserting your employee rights.
California and federal laws give workers the right to apply for jobs and to continue to do their job without fear that they will be judged on personal characteristics rather than their professional qualifications and abilities. Every worker has the right to equal treatment in the workplace.
Some of the most common types of discrimination in the workplace are:
Age Discrimination: The Age Discrimination in Employment Act (ADEA) makes it a violation to discriminate against any current employee or job applicant over the age of 40. It is illegal to fire, lay off, demote or take any such adverse employment action against an employee because of his or her age.
Sex Discrimination: Federal and state laws prohibit discrimination in the workplace that is based on an employee’s gender or sexual orientation. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII.
Race, Religion, and National Origin Discrimination: The Civil Rights Act of 1964 states that employers shall not discriminate against workers based on race or religion. The same law also requires employers to make reasonable accommodation for religious practices unless it presents an undue burden to the employer. Employers are also prohibited under federal law from discriminating against employees or job applicants based on their national origin or perceived ethnic background. It is also a violation of the Immigration Reform and Control Act of 1986 to discriminate against a worker or applicant based on his or her citizenship or immigration status.
Disability Discrimination: The Americans with Disability Act and the Rehabilitation Act require that employers cannot discriminate against current or prospective employees based on any type of physical or mental disability, or even a medical condition such as cancer. The employer is also required to make reasonable accommodations for disabled persons in the workplace such as constructing wheelchair ramps, providing ergonomic furniture, etc. Under the law, pregnancy is considered a disability as well. The Pregnancy Discrimination Act prohibits employers from discriminating against women in the workplace due to pregnancy. The employer is required to provide reasonable accommodations to pregnant women when necessary.
If you’ve experienced discriminatory treatment, you may have a lawsuit and may be entitled to damages and other compensation.
Contact us for a free consultation and to learn more about your legal options.