what can you do about discrimination in the workplace in oklahoma city

Discrimination based on ethnic or national origin Ethnic discrimination is often linked to an individual’s physical appearance or family name. It occurs particularly in the workplace, in housing situations and sometimes in relation to the police.

Ethnic or National Origin

"Ethnic or National Origin Tweeter Everyone belongs to an ethnic group Confusion surrounds the meaning of the expressions “ethnic origin” and “national origin”. The concept of ethnicity is often used indiscriminately, whether in the media or in everyday conversation. For example, it is often used to describe something different or exotic that makes one think of travel: ""ethnic restaurants,"" ""ethnic"" music.

Formerly, the term ""ethnic group"" had a pejorative connotation, as it was associated with people said to be ""primitive"" or inferior. Fortunately, through research in genetics and humanities, we have come to the conclusion that no people on earth is inferior to another and that we cannot declare that some are nations, while others are merely tribes or ethnic groups.

That being the case, we may define an ethnicity as a group of human beings with a common socio-cultural heritage, especially a history, a common origin, language or religion.

Ethnic origin means an individual belongs to an ethnic group, either because that is his background (ancestry, lineage) or because he identifies with it (identity). ""Cultural"" or ""people"" are synonyms of ""ethnic."" Therefore we may refer to a person’s “ethnic origin” or “cultural origin.”Thus, Québécois, Irish, Berber, Inuit, Abenaki, Albanian, Basque, Scots are distinct ethnicities among thousands of others.

Quebecers are both an ethnic group, such as the Cree, and a nation with its own territory, language and culture that is distinct from English or Aboriginal culture in the rest of Canada. Nationality: a legal tie or a strong sense of attachment? Nationality is the legal and political bond between an individual and a sovereign state.

In legal terms, it refers to citizenship, the belonging to a country which recognizes an individual as a citizen and grants him or her rights (to vote, work, hold a passport, etc. )But you can be a Canadian citizen without being born in Canada, and be a Canadian citizen even if your parents are not. In other words, you can have a nationality of origin and become naturalized or become a citizen of another country.

The term nation should not be confused with citizenship, because a country can include multiple nations or national minorities. The word nation is more an ideological construct than a concrete reality, so the word’s definition is subject to nuance, particularly of a historical and geopolitical nature.

A nation may be homogeneous (which is rare) or composed of people from diverse backgrounds who share a territorial heritage, history, language and shared values. Thus, the Cree of Quebec are regarded as one of the ten First Nations communities of Quebec. They have their own culture and once occupied a territory of their own.

They are also a national minority within Canada, as are Quebecers. Canada is therefore a multiethnic and multinational country composed of francophones, anglophones, Aboriginal, Chinese, Irish, Jews, Ukrainians, etc.“Ethnic communities” or “cultural communities”? Owing to recent immigration, certain official names have come into existence to designate the newcomers: ""ethnic communities "" or ""cultural communities. ""Quebec society includes more than a hundred cultural communities from all over the world. For example, Italians in Montreal, Quebec Haitians, Ukrainians in Alberta and Toronto Jews are ethnic or cultural communities.

They are fractions of larger ethnic groups, sometimes from countries that are also multiethnic. For example, Italians in Canada can be from ethnic communities in Sardinia, Calabria, Sicily, etc. Like languages, ethnic groups are also threatened with extinction (ethnocide), faced with stronger or hegemonic nations. The first sign that an ethnic group is disappearing is the loss of its language. Many francophones in Canada and the United States have been assimilated into anglophone culture.

In Quebec and in Canada, immigrants (whether first or second generation) often have trouble getting job interviews and are therefore more subject to unemployment than the majority of the population.

Despite anti-discrimination laws, few cases are prosecuted due to the difficulty of establishing proof of discrimination. However, in 2007 the Quebec human rights and youth rights Commission condemned a Quebec company for discrimination. The company had rejected a CV because of the applicant’s Arabic-sounding name, and then accepted the same CV re-submitted with a French name.

The claimant had performed this manoeuvre to check whether he was being discriminated against. It is still easy for employers to fail to comply with the law and discriminate in hiring. Many employers fear diversity in their company. They do not trust the newcomers’ skills or fear that certain cultural attitudes of employees will be disturbed in working with people who are different from themselves.

This kind of discrimination has resulted in increased unemployment among youths and adults from immigrant families, who generally have high levels of education. To combat this ethnic, national or racial discrimination, the government has passed equal access measures and equity policies. In some sense, these require employers to hire members of ethnic or national minorities. "

Fair treatment involves freedom from workplace discrimination and harassment. Anti-discrimination laws such as the Civil Rights Act and the Americans with Disabilities Act protect employees against unfair employment practices on the basis of race, gender, disability, pregnancy or religion.

Workplace Rights & Obligations

Related Articles1Consequences of Violating Employees Rights2What Are the Functions of Labor Laws?3Which Branch of the Government Oversees Labor Laws?4Employee Labor Rights Employers and employees have several rights and obligations in the workplace. Workplace rights protect employees from potentially harmful events such as unsafe working conditions or discrimination.

Workplace obligations hold employees accountable for their actions and ensure workers behave ethically and responsibly. Fair Treatment Employees have the right to fair treatment.

These laws prohibit employers from discriminating against workers while making hiring or firing decisions or proving benefits or promotional opportunities. The Equal Employment Opportunity Commission governs anti-discrimination laws and enforces employer compliance with those laws.

Working Conditions Employees have the right to perform their jobs in a safe environment free from workplace hazards and undue stress. Employers have an obligation to ensure the safety of workers. Harmful working conditions also may involve unreasonable job responsibilities and work hours as well as unfair pay. Fair labor standards ensure workers receive compensation for all hours worked. These standards also place limits on the amount of time an employer can require an employee to perform work-related tasks.

Privacy Employees have the right to the privacy of their personal information in the workplace. Employers have an obligation to keep private worker information such as pay, marital status, disability and other sensitive information. Employers cannot infringe on a worker's personal space, listen to personal phone calls or read personal email. On the other hand, employers are free to monitor workplace communications such as Internet usage and phone systems.

Employees have a responsibility to maintain a level of discretion when using company equipment for personal reasons. Rights Violations An employee who feels an employer has violated his rights has several options to remedy the situation. An employee should bring the issue to the attention of a manager or human resources representative first. If human resources fails to correct the situation, the employee has the right to file a formal complaint with the EEOC or Department of Labor.

These authorities investigate complaints and may file charges against the employer for violating the worker's rights. References (4)About the Author Sherrie Scott is a freelance writer in Las Vegas with articles appearing on various websites.

She studied political science at Arizona State University and her education has inspired her to write with integrity and seek precision in all that she does. Photo Credits Businesswoman At Desk image by Monika 3 Steps Ahead from Fotolia.com Cite this Article

Civil Rights Act, has made more changes to how the US defines the right to work free from harassment and discrimination, than any other law, case, or regulation in the nation. This project has three parts. Part 1 asks you to answer eight questions about employment discrimination.

Employment Discrimination_ cancelled/ not needed

"6-8 page, double-spaced mini-research paper, with your subject as Employment Discrimination. Everything you need to know about the project resides on this tab.

Your project requires at least three (3) outside resources besides the textbook. Your paper must be written in APA format, include a title and reference page, and reference your sources both internally (parenthetically) and in the reference page.

Please use the APA template in doc-sharing to complete your work. Employment discrimination law is about prohibiting or encouraging behaviors in the workplace regarding differences in people. It has evolved over the years significantly, and the passage of Title VII, the US.

Part 2 asks you to pick one US Supreme court case from a list, to discuss. Part 3 asks you to review pending legislation regarding employment discrimination, and provide a few details about one currently pending (i.e. not yet passed) bill in either your state, or the federal government. Remember, the focus of the project is on employment discrimination.

Project Part 1: Answer each of the following 8 questions, in 1-2 paragraphs each. You can use your textbook, or other outside sources to answer these questions.

Do not write a book – answer the questions succinctly. What must a person who is claiming they were harassed in the workplace allege in order to first state a case with the EEOC for each of the following types of harassment: Sexual harassment – quid pro quo Sexual harassment – hostile environment Religious harassment Racial harassment Explain the difference between sexual harassment, gender discrimination, and sexual orientation discrimination, as those terms are used legally.

How does GINA protect a person whose mother died of breast cancer from employment discrimination? Provide one example of a behavior that could be found to be both a hostile environment and quid pro quo forms of sexual harassment at the same time.

Explain how a person could argue that this behavior at work was illegal. Give the main legal reason why every company should have a valid written policy against all forms of harassment (besides the fact it is the ""right"" thing to do. )Can an employer require that only females serve female customers and only males serve male customers?

Explain your answer using legal terms. How many employees must an employer or company have working for it to be subject to:the ADAPregnancy Discrimination Act Title VIIIRCAGINAAssume you work for a company that has a sexual anti-harassment policy, but not a religious, sexual orientation, or racial anti-harassment policy.

Write a one-two paragraph statement to your boss (the HR Director), as to why you believe it would make sense to revamp the policy to include other forms of harassment.

Include one example of a real situation where a policy may have protected a company from liability or stopped harassment from happening. (You will find case examples on the EEOC website). Cite that case/situation in your memo to your boss. Provide the amount of damages/fines the company in your example case had to pay as a result of failing to protect an employee from discrimination. Project Part II. Employment Discrimination Cases. Many court cases on employment discrimination have shaped, created, and changed the employment landscape.

Some protect employees from discrimination, and many protect employers from liability. Settlements and trial court cases do not create legal precedent or changes in the law.

However, appeals court cases, and especially the U. S. Supreme Court Cases, do change, shape, and create new law, when statutes are interpreted in binding ways. Pick ONE case from the following list. Read the case. Answer each of the FOUR questions following the list of cases and place them in your Project Part II. Be sure to identify WHICH of the cases you selected. List of U. S. Supreme Court Cases: Vance v. Ball State University.

http://www.supremecourt.gov/opinions/12pdf/11-556_11o2.pdf University of Texas Southwestern Medical Center v. Nassar. http://www.supremecourt.gov/opinions/12pdf/12-484_o759.pdf Phillips v. Martin Marietta Corp. 400 U. S. 542 (1971). http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=400&invol=542 Espinoza v Farah Mfg. Co, 414 U. S. 86 (1973) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=414&invol=86 Oncale v. Sundowner Offshore Services, 83 F. 3d 118 http://www.law.cornell.edu/supct/html/96-568.

ZO.html Questions for answering. Explain briefly, the statute (s) (law or act) which was in question in your case, the facts of the case, and why the parties were in court. What was each party asking the court to do? What did the court decide in your case and what will be the results of that decision?

(i.e. who won, and was the win final or did the court send the case back to the lower court system to re-decide an issue? )In what way did this case create, change, or shape the employment landscape for employers as a result of the decision made?

Did this change help employers or employees the most? Explain. Do you agree with the decision in the case you referenced? In other words, do you think that employment law was made better and stronger, or weaker and less effective as a result of this case?

Write at least one full paragraph that supports your opinion. Part 3. Legal Research into an Employment Law Pending Before Congress Organizations such as the Society for Human Resource Management ( http://www.shrm.org ) work hard to support, lobby against, or provide education to the public about laws that will affect workers and employers.

These organizations significantly influence what laws pass. Savvy HR managers have SHRM on their desktops so they are familiar with the many changes being suggested at any time, as they could cost companies significant amounts of money if they are passed. Each year, thousands of proposed laws are being discussed, debated, and either passed, ignored, or rejected in state legislators around the country, or in Congress.

Find a proposed piece of legislation in the U. S. (or your state legislature) which interests you. This piece of legislation needs to regard employment law in some way (labor law, employment discrimination, ADA, PPACA, Title VII, GINA, etc.)

Note that any bill that suggests changes to any current law will suffice, as well as a new law. Some examples you can use if you are interested are: the Fair Playing Field Act of 2012, the Religious Freedom Act of 2012, or a new bill regarding whether full-time employment under PPACA is 40 hours/week instead of 30 hours.

(Since the time of writing this project, it is possible these examples of passed – be sure to check if you use any of them). Places to look for legislation like this include: Congress.gov. http://www.congress.gov (Note that the Active Legislation link (right side) and Most Viewed Bills side include unpassed, pending legislation.

the Public Laws link are passed laws – so do not use those.)Govtrack. US https://www.govtrack.us/ Note: you can type in your state, and get updates your state’s representatives to Congress. SHRM’s legislative pages: http://www.shrm.org/legalissues/federalresources/federallegislation/pages/default.aspx# (Note that link takes you to the top level – and you can dig around on their links to find more information.

Some of the internal pages may require a subscription to SHRM, however.) Once you find a law pending before Congress that interests you, read the bill and answer these questions.

What is the name of the bill? What is the resolution number of the bill (e.g., HR 212)? Does the bill you selected create a new law or amend an existing law?

If this bill is passed, how will it change current employment law? Be specific here and include enough detail so that someone reading your answer really understanding the bill under consideration. State whether you agree or disagree with the bill. If you were a member of Congress would you vote for it? Explain why. This section of your paper should be about 1 to 2 pages. Grading Rubric Item Points Answers to Questions 1-7 (10 points each) 70Answer to Question 8 20Case analysis Question 1 Question 2 Question 3 Question 4 20 20 20 20Pending Legislation Question 1 Question 2 Question 3 Question 4 20 20 20 20APA formatting 3 references used 15 15Total 280 "

It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, [1] [2] which made discrimination based on race, religion, sex, national origin, and other characteristics illegal.

Americans with Disabilities Act of 1990

"From Wikipedia, the free encyclopedianavigation search Americans with Disabilities Act of 1990Long title An Act to establish a clear and comprehensive prohibition of discrimination on the basis of disability The law was based on a law presented in the VA legislature by Warren G. Stambaugh.

Acronyms (colloquial)ADANicknames Americans with Disabilities Act of 1989Enacted by the 101st United States Congress Effective July 26, 1990Citations Public law 101-336Statutes at Large 104 Stat. 327Codification Titles amended 42 U. S. C.: Public Health and Social Welfare U. S. C. sections created 42 U. S. C. ch.

126 § 12101 et seq. Legislative history Introduced in the Senate as S. 933 by Tom Harkin ( D - IA) on May 9, 1988Committee consideration by Senate Labor and Human Resources Passed the Senate on September 7, 1989 (76-8 Roll call vote 173, via Senate.gov)Passed the House on May 22, 1990 (unanimous voice vote)Reported by the joint conference committee on July 12, 1990; agreed to by the House on July 12, 1990 (377–28 Roll call vote 228, via Clerk.

House.gov) and by the Senate on July 13, 1990 (91-6 Roll call vote 152, via Senate.gov)Signed into law by President George H. W. Bush on July 26, 1990Major amendments ADA Amendments Act of 2008United States Supreme Court cases Bragdon v. Abbott Olmstead v. L. C. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams The Americans with Disabilities Act of 1990 ( 42 U. S. C. § 12101) is a civil rights law that prohibits discrimination based on disability.

In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations. [3]In 1986, the National Council on Disability had recommended enactment of an Americans with Disabilities Act (ADA) and drafted the first version of the bill which was introduced in the House and Senate in 1988.

The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush.

It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009.

[4]Contents [ hide ]1 Disabilities included2 Titles2.1 Title I—employment2.2 Title II—public entities (and public transportation)2.3 Title III—public accommodations (and commercial facilities)2.3.1 Service animals2.4 Title IV—telecommunications2.5 Title V—miscellaneous provisions3 History3.1 Drafting3.2 Lobbying3.3 Support and opposition3.3.1 Support3.3.2 Opposition from religious groups3.3.3 Opposition from business interests3.4 ""Capitol Crawl""3.5 Final passage3.6 ADA Amendments Act, 20083.7 25th anniversary, 20154 Reaction4.1 Criticism4.1.1 Employment4.1.2 ""Professional plaintiffs""5 Case law5.1 National Federation of the Blind v. Target Corporation5.2 Board of Trustees of the University of Alabama v. Garrett5.3 Barden v. The City of Sacramento5.4 Bates v. UPS5.5 Spector v. Norwegian Cruise Line Ltd.5.6 Olmstead v. L. C.5.7 Michigan Paralyzed Veterans of America v. The University of Michigan5.8 Paralyzed Veterans of America v. Ellerbe Becket Architects and Engineers5.9 Toyota Motor Manufacturing, Kentucky, Inc. v. Williams5.10 US Airways, Inc. v. Barnett5.11 Access Now v. Southwest Airlines5.12 Ouellette v. Viacom International Inc.5.13 Authors Guild v. Hathi Trust5.14 Zamora-Quezada v. Health Texas Medical Group5.15 Campbell v. General Dynamics Government Systems Corp.6 Resources7 See also8 References9 External links Disabilities included [ edit]Americans with Disabilities Act of 1988, S. 2346, Page 1 [5]Americans with Disabilities Act of 1990, Page 52 [6]Americans with Disabilities Act of 1990, Page 1 [6]ADA disabilities include both mental and physical medical conditions.

A condition does not need to be severe or permanent to be a disability. [7]Equal Employment Opportunity Commission regulations provide a list of conditions that should easily be concluded to be disabilities: deafness, blindness, an intellectual disability (formerly termed mental retardation), partially or completely missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, Human Immunodeficiency Virus (HIV) infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia.

[8] Other mental or physical health conditions also may be disabilities, depending on what the individual's symptoms would be in the absence of ""mitigating measures"" (medication, therapy, assistive devices, or other means of restoring function), during an ""active episode"" of the condition (if the condition is episodic).

[8]Certain specific conditions that are widely considered anti-social, or tend to result in illegal activity, such as kleptomania, pedophilia, exhibitionism, voyeurism, etc. are excluded under the definition of ""disability"" in order to prevent abuse of the statute's purpose.

[9] [10] Additionally, other specific conditions, such as gender identity disorders, are also excluded under the definition of ""disability"". [10] [11]Titles [ edit]Title I—employment [ edit]See also US labor law and 42 U. S. C. §§ 12111 – 12117.

Speech cards used by President George H. W. Bush at the signing ceremony of the Americans with Disabilities Act (ADA) on July 26, 1990 [12]The ADA states that a ""covered entity"" shall not discriminate against ""a qualified individual with a disability"". [13] This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. ""Covered entities"" include employers with 15 or more employees, as well as employment agencies, labor organizations, and joint labor-management committees.

[14] There are strict limitations on when a covered entity can ask job applicants or employees disability-related questions or require them to undergo medical examination, and all medical information must be kept confidential.

[15] [16]Prohibited discrimination may include, among other things, firing or refusing to hire someone based on a real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities.

[17] A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform the job, scheduling changes, and changes to the way work assignments are chosen or communicated.

[18] An employer is not required to provide an accommodation that would involve undue hardship (significant difficulty or expense), and the individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in the illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use.

[19]There are many ways to discriminate against people based on disabilities, including psychological ones.

Anyone known to have a history of mental disorders can be considered disabled. Employers with more than 15 employees must take care to treat all employees fairly and with any accommodations needed. Even when an employee is doing a job exceptionally well, she or he is not necessarily no longer disabled; employers must continue to follow all policies for the disabled. Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution.

The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission, who can sue on their behalf.

[20]Title II—public entities (and public transportation) [ edit]See 42 U. S. C. §§ 12131 – 12165. Access sign Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by the U. S. Department of Justice. These regulations cover access to all programs and services offered by the entity.

Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity. Title II applies to public transportation provided by public entities through regulations by the U. S. Department of Transportation. It includes the National Railroad Passenger Corporation (Amtrak), along with all other commuter authorities.

This section requires the provision of paratransit services by public entities that provide fixed route services. ADA also sets minimum requirements for space layout in order to facilitate wheelchair securement on public transport. [21]Title II also applies to all state and local public housing, housing assistance, and housing referrals.

The Office of Fair Housing and Equal Opportunity is charged with enforcing this provision. Title III—public accommodations (and commercial facilities) [ edit]See 42 U. S. C. §§ 12181 – 12189. The ADA sets standards for construction of accessible public facilities. Shown is a sign indicating an accessible fishing platform at Drano Lake, Washington.

Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation.

Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays. Under Title III of the ADA, all new construction (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) [12] found in the Code of Federal Regulations at 28 C. F. R., Part 36, Appendix A.

Title III also has application to existing facilities. One of the definitions of ""discrimination"" under Title III of the ADA is a ""failure to remove"" architectural barriers in existing facilities. See 42 U. S. C. § 12182 (b) (2) (A) (iv). This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations.

The standard is whether ""removing barriers"" (typically defined as bringing a condition into compliance with the ADAAG) is ""readily achievable"", defined as ""...easily accomplished without much difficulty or expense"".

The statutory definition of ""readily achievable"" calls for a balancing test between the cost of the proposed ""fix"" and the wherewithal of the business and/or owners of the business. Thus, what might be ""readily achievable"" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business.

There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III.

With regard to historic properties (those properties that are listed or that are eligible for listing in the National Register of Historic Places, or properties designated as historic under state or local law), those facilities must still comply with the provisions of Title III of the ADA to the ""maximum extent feasible"" but if following the usual standards would ""threaten to destroy the historic significance of a feature of the building"" then alternative standards may be used.

Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However, the requirement is conditioned on whether providing access through a fixed lift is ""readily achievable"".

Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards.

However, businesses are free to consider the differences in application of the rules depending on whether the pool is new or altered, or whether the swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions.

[22]Service animals [ edit]The ADA provides explicit coverage for service animals. [23] Guidelines have been developed not only to protect persons with disabilities, but also to indemnify businesses from damages related to granting access to service animals on their premises.

Businesses are allowed to ask if the animal is a service animal and ask what tasks it is trained to perform, but they are not allowed to ask the service animal to perform the task nor ask for a special ID of the animal. They cannot ask what the person's disabilities are. A person with a disability cannot be removed from the premises unless either of two things happen: the animal is out of control and its owner can not get it under control (e.g.

a dog barking uncontrollably in a restaurant), or the animal is a direct threat to people's health and safety.

Allergies and fear of animals would not be considered a threat to people's health and safety, so it would not be a valid reason to deny access to people with service animals. Businesses that prepare or serve food must allow service animals and their owners on the premises even if state or local health laws otherwise prohibit animals on the premises. In this case, businesses that prepare or serve food are not required to provide care or food for service animals, nor do they have to provide a designated area for the service animal to use the bathroom.

Lastly, people that require service dogs cannot be charged an extra fee for their service dog or be treated unfairly, for example, being isolated from people at a restaurant. People with disabilities cannot be treated as ""less than"" other customers. However, if a business normally charges for damages caused by the person to property, the customer with a disability will be charged for his/her service animal's damages to the property.

Title IV—telecommunications [ edit]Title IV of the ADA amended the landmark Communications Act of 1934 primarily by adding section 47 U. S. C. § 225.

This section requires that all telecommunications companies in the U. S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in the early 1990s, it led to the installation of public teletypewriter (TTY) machines and other TDD ( telecommunications devices for the deaf ).

Title IV also led to the creation, in all 50 states and the District of Columbia, of what were then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS relay. Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. Some are Video Relay Service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed or typed words of a consumer and the spoken words of others.

In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month. Title V—miscellaneous provisions [ edit]See 42 U. S. C. §§ 12201 – 12213. Title V includes technical provisions. It discusses, for example, the fact that nothing in the ADA amends, overrides or cancels anything in Section 504.

[24] Additionally, Title V includes an anti-retaliation or coercion provision. The Technical Assistance Manual for the ADA explains it: ""III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation.

The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights ... Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it is intended to interfere.

""History [ edit]The ADA has roots in Section 504 of the Rehabilitation Act of 1973. [25]Drafting [ edit]Development of George H. W. Bush Administration Disability Policy. White House Memo. April 21, 1989. [26]The idea of federal legislation enhancing and extending civil rights legislation to millions of Americans with disabilities gained bipartisan support in late 1988 and early 1989.

In early 1989 both Congress and the newly-inaugurated Bush White House worked separately, then jointly, to write legislation capable of expanding civil rights without imposing undue harm or costs on those already in compliance with existing rules and laws.

[27]Lobbying [ edit]Over the years, key activists and advocates played an important role in lobbying Members of the U. S. Congress to develop and pass the ADA, including Justin Whitlock Dart, Jr., Patrisha Wright and others. Ms. Wright is known as ""the General"" for her work in coordinating the campaign to enact the ADA.

[28] [29] She is widely considered the main force behind the campaign lobbying for the ADA. [30]Support and opposition [ edit]Support [ edit]About the importance of making employment opportunities inclusive, Shirley Davis, director of global diversity and inclusion at the Society for Human Resource Management, said: ""People with disabilities represent a critical talent pool that is underserved and underutilized"".

[31]Opposition from religious groups [ edit]The debate over the Americans with Disabilities Act led some religious groups to take opposite positions. [32] The Association of Christian Schools International, opposed the ADA in its original form. [33] primarily because the ADA labeled religious institutions ""public accommodations"", and thus would have required churches to make costly structural changes to ensure access for all. [34] The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as ""public accommodations"".

[ citation needed]Church groups such as the National Association of Evangelicals testified against the ADA's Title I employment provisions on grounds of religious liberty. The NAE believed the regulation of the internal employment of churches was ""... an improper intrusion [of] the federal government."" [32]Opposition from business interests [ edit]Many members of the business community opposed the Americans with Disabilities Act.

Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to ""deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world."" The US Chamber of Commerce argued that the costs of the ADA would be ""enormous"" and have ""a disastrous impact on many small businesses struggling to survive.""

[35] The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA ""a disaster for small business.""

[36] Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was ""an expensive headache to millions"" that would not necessarily improve the lives of people with disabilities.

[37]""Capitol Crawl"" [ edit]Shortly before the act was passed, disability rights activists with physical disabilities coalesced in front of the Capitol Building, shed their crutches, wheelchairs, powerchairs and other assistive devices, and immediately proceeded to crawl and pull their bodies up all 100 of the Capitol's front steps, without warning.

[38] As the activists did so, many of them chanted ""ADA now"", and ""Vote, Now"". Some activists who remained at the bottom of the steps held signs and yelled words of encouragement at the ""Capitol Crawlers"". Jennifer Keelan, a second grader with cerebral palsy, was videotaped as she pulled herself up the steps, using mostly her hands and arms, saying ""I'll take all night if I have to."" This direct action is reported to have ""inconvenienced"" several senators and to have pushed them to approve the act.

While there are those who do not attribute much overall importance to this action, the ""Capitol Crawl"" of 1990 is seen by some present-day disability activists in the United States as a central act for encouraging the ADA into law.

[39]Final passage [ edit]President Bush signs the Americans with Disabilities Act into law Senator Tom Harkin ( D - IA) authored what became the final bill and was its chief sponsor in the Senate.

Harkin delivered part of his introduction speech in sign language, saying it was so his deaf brother could understand. [40]On signing the measure, George H. W. Bush said: I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation.

But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down.

[41]Remarks on the Signing of the Americans with Disabilities Act (July 26, 1990)George H. W. Bush 's July 26, 1990, Remarks on the Signing of the Americans with Disabilities Act Problems playing this file?

See media help. ADA Amendments Act, 2008 [ edit]The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment.

The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual’s impairment to one that ""severely or significantly restricts"" a major life activity.

The ADAAA directed the EEOC to amend its regulations and replace ""severely or significantly"" with ""substantially limits"", a more lenient standard. [42]On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of ""disability"", thereby extending the ADA's protections to a greater number of people.

[43] The ADAAA also added to the ADA examples of ""major life activities"" including, but not limited to, ""caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working"" as well as the operation of several specified major bodily functions.

[43] The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court restriction that an impairment which substantially limits one major life activity must also limit others to be considered a disability.

[43] In 2008, the United States House Committee on Education and Labor stated that the amendment ""makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability.""

[44] Thus the ADAAA led to broader coverage of impaired employees.25th anniversary, 2015 [ edit]As of 2015 the ADA had improved access to public services, the built environment (e.g., crosswalks with curb cuts and accessible pedestrian signals), understanding of the abilities of people with disabilities, established a right to equal access to public services and has demonstrated the contributions which people with disabilities can make to the economy. Disparities have remained in employment, earned income, Internet access, transportation, housing, and educational attainment and the disabled remain at a disadvantage with respect to health and health care.

[45]Reaction [ edit]Criticism [ edit]Employment [ edit]The ADA has been criticized on the grounds that it decreases the employment rate for people with disabilities [46] and raises the cost of doing business for employers, in large part due to the additional legal risks, which employers avoid by quietly avoiding hiring people with disabilities.

Some researchers believe that the law has been ineffectual. [47] Between 1991 (after the enactment of the ADA) and 1995, the employment rate of men with disabilities dropped by 7.8% regardless of age, educational level, or type of disability, with the most affected being young, less-educated and mentally disabled men. [48] Despite the many criticisms, a causal link between the ADA and declining disabled employment over much of the 1990s has not been definitively identified.

[49]In 2001, for men of all working ages and women under 40, Current Population Survey data showed a sharp drop in the employment of disabled workers, leading at least two economists to attribute the cause to the Act.

[50] By contrast, a study in 2003 found that while the Act may have led to short term reactions by employers, in the long term, there were either positive or neutral consequences for wages and employment. [51] In 2005 the rate of employment among disabled people increased to 45% of the population of disabled people. [52]""Professional plaintiffs"" [ edit]Since enforcement of the act began in July 1992, it has quickly become a major component of employment law.

The ADA allows private plaintiffs to receive only injunctive relief (a court order requiring the public accommodation to remedy violations of the accessibility regulations) and attorneys' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses.

Unless a state law, such as the California Unruh Civil Rights Act, [53] provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.

The attorneys' fees provision of Title III does provide incentive for lawyers to specialize and engage in serial ADA litigation, but a disabled plaintiff does not obtain financial reward from attorneys' fees unless they act as their own attorney, or as mentioned above, a disabled plaintiff resides in a state that provides for minimum compensation and court fees in lawsuits. Moreover, there may be a benefit to these ""private attorneys general"" who identify and compel the correction of illegal conditions: they may increase the number of public accommodations accessible to persons with disabilities. ""Civil rights law depends heavily on private enforcement. Moreover, the inclusion of penalties and damages is the driving force that facilitates voluntary compliance with the ADA.""

[54] Courts have noted: As a result, most ADA suits are brought by a small number of private plaintiffs who view themselves as champions of the disabled. For the ADA to yield its promise of equal access for the disabled, it may indeed be necessary and desirable for committed individuals to bring serial litigation advancing the time when public accommodations will be compliant with the ADA.""

[55]However, in states that have enacted laws that allow private individuals to win monetary awards from non-compliant businesses (as of 2008, these include California, Florida, Hawaii, and Illinois), ""professional plaintiffs"" are typically found. [53] At least one of these plaintiffs in California has been barred by courts from filing lawsuits unless he receives prior court permission.

[53] Through the end of fiscal year 1998, 86% of the 106,988 ADA charges filed with and resolved by the Equal Employment Opportunity Commission, were either dropped or investigated and dismissed by EEOC but not without imposing opportunity costs and legal fees on employers.

[48]Case law [ edit]See also: ADA Litigation in the United States There have been some notable cases regarding the ADA. For example, two major hotel room marketers (Expedia.com and Hotels.com) with their business presence on the Internet were sued because its customers with disabilities could not reserve hotel rooms, through their websites without substantial extra efforts that persons without disabilities were not required to perform.

[56] These represent a major potential expansion of the ADA in that this, and other similar suits (known as ""bricks vs. clicks""), seeks to expand the ADA's authority to cyberspace, where entities may not have actual physical facilities that are required to comply.

National Federation of the Blind v. Target Corporation [ edit]National Federation of the Blind v. Target Corporation [57] was a case where a major retailer, Target Corp., was sued because their web designers failed to design its website to enable persons with low or no vision to use it.

[58]Board of Trustees of the University of Alabama v. Garrett [ edit]Board of Trustees of the University of Alabama v. Garrett [59] was a United States Supreme Court case about Congress'senforcement powers under the Fourteenth Amendment to the Constitution. It decided that Title I of the Americans with Disabilities Act was unconstitutional insofar as it allowed private citizens to sue states for money damages.

Barden v. The City of Sacramento [ edit]Barden v. The City of Sacramento, filed in March 1999, claimed that the City of Sacramento failed to comply with the ADA when, while making public street improvements, it did not bring its sidewalks into compliance with the ADA.

Certain issues were resolved in Federal Court. One issue, whether sidewalks were covered by the ADA, was appealed to the 9th Circuit Court of Appeals, which ruled that sidewalks were a ""program"" under ADA and must be made accessible to persons with disabilities. The ruling was later appealed to the U. S. Supreme Court, which refused to hear the case, letting stand the ruling of the 9th Circuit Court.

[60]Bates v. UPS [ edit]Bates v. UPS (begun in 1999) was the first equal opportunity employment class action brought on behalf of Deaf and Hard of Hearing (d/Deaf/Ho H) workers throughout the country concerning workplace discrimination. It established legal precedence for d/Deaf/Ho H Employees and Customers to be fully covered under the ADA.

Key findings included UPS failed to address communication barriers and to ensure equal conditions and opportunities for deaf employees;Deaf employees were routinely excluded from workplace information, denied opportunities for promotion, and exposed to unsafe conditions due to lack of accommodations by UPS;UPS also lacked a system to alert these employees as to emergencies, such as fires or chemical spills, to ensure that they would safely evacuate their facility; and UPS had no policy to ensure that deaf applicants and employees actually received effective communication in the workplace.

The outcome was that UPS agreed to pay a $5.8 million award and agreed to a comprehensive accommodations program that was implemented in their facilities throughout the country.

Spector v. Norwegian Cruise Line Ltd. [ edit]Spector v. Norwegian Cruise Line Ltd. [61] was a case that was decided by the United States Supreme Court in 2005. The defendant argued that as a vessel flying the flag of a foreign nation it was exempt from the requirements of the ADA. This argument was accepted by a federal court in Florida and, subsequently, the Fifth Circuit Court of Appeals.

However, the U. S. Supreme Court reversed the ruling of the lower courts on the basis that Norwegian Cruise Lines was a business headquartered in the United States whose clients were predominantly Americans and, more importantly, operated out of port facilities throughout the United States. Olmstead v. L. C. [ edit]Not to be confused with Olmstead v. United States, 277 U. S. 438 (1928), a case regarding wiretapping.

Olmstead v. L. C. [62] was a case before the United States Supreme Court in 1999. The two plaintiffs L. C. and E. W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia.

Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.

The Supreme Court decided under Title II of the ADA that mental illness is a form of disability and therefore covered under the ADA, and that unjustified institutional isolation of a person with a disability is a form of discrimination because it ""...perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life.""

The court added, ""Confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment.

""Therefore, under Title II no person with a disability can be unjustly excluded from participation in or be denied the benefits of services, programs or activities of any public entity.

[62]Michigan Paralyzed Veterans of America v. The University of Michigan [ edit]This was a case filed before The United States District Court for the Eastern District of Michigan Southern Division on behalf of the Michigan Paralyzed Veterans of America against University of Michigan – Michigan Stadium claiming that Michigan Stadium violated the Americans with Disabilities Act in its $226-million renovation by failing to add enough seats for disabled fans or accommodate the needs for disabled restrooms, concessions and parking.

Additionally, the distribution of the accessible seating was at issue, with nearly all the seats being provided in the end-zone areas. The U. S. Department of Justice assisted in the suit filed by attorney Richard Bernstein of The Law Offices of Sam Bernstein in Farmington Hills, Michigan, which was settled in March 2008.

[63] The settlement required the stadium to add 329 wheelchair seats throughout the stadium by 2010, and an additional 135 accessible seats in clubhouses to go along with the existing 88 wheelchair seats. This case was significant because it set a precedent for the uniform distribution of accessible seating and gave the DOJ the opportunity to clarify previously unclear rules. [64] The agreement now is a blueprint for all stadiums and other public facilities regarding accessibility.

[65]Paralyzed Veterans of America v. Ellerbe Becket Architects and Engineers [ edit]One of the first major ADA lawsuits, Paralyzed Veterans of America (or ""PVA"") v. Ellerbe Becket Architects and Engineers (1996) was focused on the wheelchair accessibility of a stadium project that was still in the design phase, MCI Center (now known as Capital One Arena) in Washington, D. C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces.

While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons.

The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing.

This case and another related case established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.

Toyota Motor Manufacturing, Kentucky, Inc. v. Williams [ edit]Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, [66] was a case in which the Supreme Court interpreted the meaning of the phrase ""substantially impairs"" as used in the Americans with Disabilities Act. It reversed a Sixth Court of Appeals decision to grant a partial summary judgment in favor of the respondent, Ella Williams, that qualified her inability to perform manual job-related tasks as a disability.

The Court held that the ""major life activity"" definition in evaluating the performance of manual tasks focuses the inquiry on whether Williams was unable to perform a range of tasks central to most people in carrying out the activities of daily living.

The issue is not whether Williams was unable to perform her specific job tasks. Therefore, the determination of whether an impairment rises to the level of a disability is not limited to activities in the workplace solely, but rather to manual tasks in life in general.

When the Supreme Court applied this standard, it found that the Court of Appeals had incorrectly determined the presence of a disability because it relied solely on her inability to perform specific manual work tasks, which was insufficient in proving the presence of a disability. The Court of Appeals should have taken into account the evidence presented that Williams retained the ability to do personal tasks and household chores, such activities being the nature of tasks most people do in their daily lives, and placed too much emphasis on her job disability.

Since the evidence showed that Williams was performing normal daily tasks, it ruled that the Court of Appeals erred when it found that Williams was disabled. [66] [67] This ruling is now, however, no longer good law—it was invalidated by the ADAAA. In fact, Congress explicitly cited Toyota v. Williams in the text of the ADAAA itself as one of its driving influences for passing the ADAAA.

US Airways, Inc. v. Barnett [ edit]Decided by the US Supreme Court in 2002, this case [68] held that even requests for accommodation that might seem reasonable on their face, e.g., a transfer to a different position, can be rendered unreasonable because it would require a violation of the company's seniority system.

While the court held that, in general, a violation of a seniority system renders an otherwise reasonable accommodation unreasonable, a plaintiff can present evidence that, despite the seniority system, the accommodation is reasonable in the specific case at hand, e.g., the plaintiff could offer evidence that the seniority system is so often disregarded that another exception wouldn't make a difference.

Importantly, the court held that the defendant need not provide proof that this particular application of the seniority system should prevail, and that, once the defendant showed that the accommodation violated the seniority system, it fell to Barnett to show it was nevertheless reasonable.

In this case, Barnett was a US Airways employee who injured his back, rendering him physically unable to perform his cargo-handling job. Invoking seniority, he transferred to a less-demanding mailroom job, but this position later became open to seniority-based bidding and was bid on by more senior employees.

Barnett requested the accommodation of being allowed to stay on in the less-demanding mailroom job.

US Airways denied his request, and he lost his job. The Supreme Court decision invalidated both the approach of the district court, which found that the mere presence and importance of the seniority system was enough to warrant a summary judgment in favor of US Airways, as well as the circuit court's approach that interpreted 'reasonable accommodation' as 'effective accommodation.

'Access Now v. Southwest Airlines [ edit]Access Now v. Southwest Airlines was a case where the District Court decided that the website of Southwest Airlines was not in violation of the Americans with Disabilities Act, because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace. Judge Patricia A. Seitz found that the ""virtual ticket counter"" of the website was a virtual construct, and hence not a ""public place of accommodation.""

As such, ""To expand the ADA to cover 'virtual' spaces would be to create new rights without well-defined standards.""

[69]Ouellette v. Viacom International Inc. [ edit]Ouellette v. Viacom International Inc. followed in Access Now's footsteps by holding that a mere online presence does not subject a website to the ADA guidelines. Thus Myspace and You Tube were not liable for a dyslexic man's inability to navigate the site regardless of how impressive the ""online theater"" is.

Authors Guild v. Hathi Trust [ edit]Authors Guild v. Hathi Trust was a case in which the District Court decided that the Hathi Trust digital library was a transformative, fair use of copyrighted works, making a large number of written text available to those with print disability.

Zamora-Quezada v. Health Texas Medical Group [ edit]Zamora-Quezada v. Health Texas Medical Group [70] (begun in 1998) was the first time this act was used against HMOs when a novel lawsuit [71] was filed by Texas attorney Robert Provan against five HMOs for their practice of revoking the contracts of doctors treating disabled patients.

Campbell v. General Dynamics Government Systems Corp. [ edit]Campbell v. General Dynamics Government Systems Corp. (2005) [72] concerned the enforceability of a mandatory arbitration agreement, contained in a dispute resolution policy linked to an e-mailed company-wide announcement, insofar as it applies to employment discrimination claims brought under the Americans with Disabilities Act.

Resources [ edit]Acemoglu, Daron & Angrist, Joshua D. (2001). ""Consequences of Employment Protection? The Case of the Americans with Disabilities Act"". Journal of Political Economy. 109: 915–957. doi: 10.1086/322836. hdl: 1721.1/63433. Bush, George H. W., Remarks of President George Bush at the Signing of the Americans with Disabilities Act. Available on-line at Equal Employment Opportunity Commission. Davis, Lennard J. Enabling Acts. The Hidden Story of How the Americans with Disabilities Act Gave the Largest US Minority Its Rights.

Boston, MA: Beacon Press, 2015. De Leire Thomas (2000). ""The Wage and Employment Effects of the Americans with Disabilities Act"". Journal of Human Resources. 35 (4): 693–715. doi: 10.2307/146368. Fielder, J. F. Mental Disabilities and the Americans with Disabilities Act. Westport, CT: Quorum Books, 2004. Hamilton Krieger, Linda, ed., Backlash Against the ADA: Reinterpreting Disability Rights Ann Arbor: University of Michigan Press, 2003.

Johnson, Mary. (2000). Make Them Go Away: Clint Eastwood, Christopher Reeve & The Case Against Disability Rights. Louisville, KY: The Advocado Press. Mayer, Arlene. (1992). The History of the Americans with Disabilities Act: A Movement Perspective.

Available online at the Disability Rights Education & Defense Fund website Schall, Carol M. (Jun 1998). The Americans with Disabilities Act—Are We Keeping Our Promise? An Analysis of the Effect of the ADA on the Employment of Persons with Disabilities. Journal of Vocational Rehabilitation, v10 n3 pp. 191–203. Schwochau, Susan & Blanck, Peter David.

The Economics of the Americans with Disabilities Act, Part III: Does the ADA Disable the Disabled? Berkeley Journal of Employment & Labor Law [Vol. 21:271]Switzer, Jacqueline Vaughn. Disabled Rights: American Disability Policy and the Fight for Equality. Washington, DC: Georgetown University Press, 2003... Weber, Mark C. Disability Harassment. New York, NY: NYU Press, 2007. O'Brien, Ruth, ed. Voices from the Edge: Narratives about the Americans with Disabilities Act. New York: Oxford, 2004.

ISBN 0-19-515687-0Pletcher, David and Ashlee Russeau-Pletcher. History of the Civil Rights Movement for the Physically Disabled Family Network on Disabilities-FNDUSA.

ORG- Florida Parent Training and Information Center funded by DOED Offices of Special Education Programs (OSEP)See also [ edit]ADA Compliance Kit ADA Signs American Disability rights movement Convention on the Rights of Persons with Disabilities Developmental disability Individual rights advocate Interactive accommodation process Job Accommodation Network – provides information about rights and responsibilities under the ADA and related legislation List of anti-discrimination acts Disability discrimination act Title VII of the Civil Rights Act of 1964List of disability rights activists Stigma management Timeline of disability rights in the United States References [ edit]^ Civil Rights Act of 1964 Archived November 14, 2009, at Web Cite^ ""Americans with Disabilities Act"".

Impigertech.^ 42 U. S. C. 12112 (b) (5), 12182-84^ ""President Bush Signs ADA Changes into Law"". HR.

BLR.com. September 25, 2008. Archived from the original on February 5, 2009.^ From the George H. W. Bush Presidential Records of the George Bush Presidential Library. Folder Title: Fact Sheet on ADA [Americans of Disabilities Act]. Unrestricted.^ a b ""National Archives and Records Administration"".^ EEOC.

""Fact Sheet on the EEOC's Final Regulations Implementing the ADAAA"". EEOC.gov.^ a b ""76 FR 16977"". federalregister.gov. 2011.^ Civil Rights Division, US Department of Justice (2009). ""42 U. S. Code § 12102 - Definition of disability, Americans with Disabilities Act of 1990, As Amended"". ada.gov.^ a b EEOC (2008). ""Americans with Disabilities Act Amendments Act of 2008, PL 110-325 (S 3406)"". eeoc.gov.^ Civil Rights Division, US Department of Justice (2009). ""42 U. S. Code § 12211 - Definitions, Americans with Disabilities Act of 1990, As Amended"".

ada.gov.^ a b ""Americans with Disabilities Act of 1990 - ADA - 42 U. S. Code Chapter 126"".^ 42 U. S. C. § 12112 (a)^ 42 U. S. C. § 12111 (2)^ EEOC. ""Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations"". EEOC.gov.^ EEOC. ""EEOC Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act"". EEOC.gov.^ 42 U. S. C. § 12112 (b) (5)^ EEOC. ""EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act"".

EEOC.gov.^ 42 U. S. C. § 12111^ ""Disability Rights in the Supreme Court"". The Leadership Conference on Civil and Human Rights. Retrieved January 27, 2016.^ 'Wheelchair Securement in Public Transport', http://thequantumleap.com/faq/^ ""2013 ADA Pool Lift Compliance Deadline: Has Your Business Complied?"". The National Law Review. Lowndes, Drosdick, Doster, Kantor & Reed, P. A. January 29, 2013. Retrieved February 19, 2013.^ ""Americans with Disabilities Act Questions and Answers: Service Animals"". www.ada.gov. Retrieved May 10, 2016.^ 42 U. S. C. § 12187^ Fleischer, Doris Zames; Zames, Frieda (2001).

The Disability Rights Movement: from Charity to Confrontation. Temple University Press. pp. 93–95.^ ""George Bush Presidential Library and Museum"".^ ""The Americans with Disabilities Act Exhibit"". The Presidential Timeline. The Presidential Libraries of the National Archives and Records Administration. Archived from the original on December 6, 2015.^ ""Disability History Timeline"". Rehabilitation Research & Training Center on Independent Living Management. Temple University. 2002. Archived from the original on December 20, 2013.^ ""Disability Rights Education and Defense Fund - Patrisha A. Wright"".

dredf.org.^ ""Texas Medical Center NEWS"". tmc.edu.^ Pamela Babcock (October 21, 2010). ""Targeted Development for Managers with Disabilities"". Society for Human Resource Management.^ a b Lawton, K. A. Christianity Today, 10/8/90, Vol. 34 Issue 14, p. 71^ ""Should the Senate Approve the Americans with Disabilities Act of 1989?""

Congressional Digest December (1989): 297^ ""Should the Senate Approve the Americans with Disabilities Act of 1989?"" Congressional Digest December (1989): 297.^ ""Should the Senate Approve the Americans with Disabilities Act of 1989?"" Congressional Digest December (1989): 208.^ Mandel, Susan. ""Disabling the GOP"", The National Review November 6, 1990, Vol. 42 Issue 11, pp. 23–24^ Doherty, Brian. Reason, Aug–Sep 95, Vol. 27 Issue 4, p. 18^ Eaton, William J.

(March 13, 1990). ""Disabled Persons Rally, Crawl Up Capitol Steps : Congress: Scores protest delays in passage of rights legislation. The logjam in the House is expected to break soon"". Los Angeles Times. Retrieved September 4, 2015.^ Esshaki, Tiffany (July 21, 2015).

""Remembering the 'Capitol Crawl ' "". C&G News. Retrieved January 15, 2016. The event, known as the ""Capitol Crawl"", was an image that legislators couldn’t ignore, Bauer said.

She had fought since the 1960s to legally protect the rights of people with disabilities, and with that heroic display, she said, lawmakers simply couldn’t go back to their constituents without action.^ Senator Tom Harkin (D-IA) Delivers Floor Speech in American Sign Language. C-SPAN. July 13, 1990. Retrieved January 14, 2015.^ The U. S. Equal Employment Opportunity Commission Archived April 19, 2006, at the Wayback Machine.^ ""Fact Sheet on the EEOC's Final Regulations Implementing the ADAAA"". U. S. Equal Employment Opportunity Commission. Retrieved September 4, 2015.^ a b c ""ADA Amendments Act (ADAAA)—What Employers Need to Know"".

HR. BLR.com. 2008.^ United States of America Congressional Record Proceedings and Debates of the 110th Congress Second Session Volume 154-Part 10. Washington, D. C.: Government Printing Office. 2008. p. 13769. ISBN 9786131199639. Retrieved September 4, 2015.^ G. Peacock; L. I. Iezzoni; T. R. Harkin (September 3, 2015).

""Health Care for Americans with Disabilities — 25 Years after the ADA"". N. Engl. J. Med. 373 (10): 892–893. doi: 10.1056/NEJMp1508854. PMC 4617620. PMID 26225616. Retrieved September 3, 2015.^ (see Schwochau & Blanck for counter arguments)^ (see Schall, 1998)^ a b De Leire, Thomas (2000). ""The Unintended Consequences of the Americans with Disabilities Act"" (PDF). Regulation. 23 (1): 21–24.^ Picker, Les. ""Did the ADA Reduce Employment of the Disabled?"". nber.org.^ Acemoglu, Daron; Angrist, Joshua D. (October 1, 2001).

""Consequences of Employment Protection? The Case of the Americans with Disabilities Act"". Journal of Political Economy. 109 (5): 915–957. Cite Seer X 10.1.1.321.1338. doi: 10.1086/322836. hdl: 1721.1/63433.^ Douglas Kruse and Lisa Schur, 'Employment of People with Disabilities Following the ADA' (2003) 42 (1) Industrial Relations 31^ US Census 2012^ a b c Stateman, Alison (December 29, 2008).

""Lawsuits by the Disabled: Abuse of the System?"". Time. Archived from the original on December 30, 2008. Retrieved December 29, 2008.^ Parr v. L & L Drive-Inn Restaurant (D. Hawaii 2000) 96 F. Supp.2d 1065, 1082, citing and quoting, Committee Print, Vol. II, 101st Cong., 2d Sess., at 1481–82 (1990); 42 U. S. C. § 12101 (b) (2); S. Rep. No. 101-116, at 15 (1989).^ Molski v. Evergreen Dynasty Corp., (9th Cir. 2007) 500 F.3d 1047, 1062; D'Lil v. Best Western Encina Lodge & Suites (9th Cir. 2008) 538 F.3d 1031, 1040.^ Smith v. Hotels.com Archived November 22, 2011, at the Wayback Machine. at Disability Rights Advocates^ National Federation of the Blind v. Target Corp., 452 F. Supp.2d 946 (N. D. Cal. 2006).^ National Federation for the Blind v. Target Archived July 5, 2007, at the Wayback Machine. at Disability Rights Advocates^ Board of Trustees of the University of Alabama v. Garrett, 531 U. S. 356 (2001)^ Barden v. Sacramento Archived September 28, 2007, at the Wayback Machine. from Disability Rights Advocates^ Spector v. Norwegian Cruise Line Ltd., 545 U. S. 119 (2005).^ a b Olmstead v. L. C., 527 U. S. 581 (1999).^ Erb, Robin. ""U-M fans rave about new seats for disabled"", Detroit Free Press. September 9, 2008.^ Wolffe, Jerry. ""New wheelchair seats will be full at U-M's Big House."" The Oakland Press. September 14, 2008.^ Wolffe, Jerry. ""New wheelchair seats will be full at U-M's Big House"", The Oakland Press. September 14, 2008. /^ a b Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U. S. 184 (2002).^ Worth, Richard (November 15, 2007). Workers' Rights. books.google.com. ISBN 978-0-7614-2574-8. Retrieved October 7, 2009.^ US Airways, Inc. v. Barnett, 535 U. S. 391 (2002).^ ""Order Granting Defendant's Motion to Dismiss"". Tech Law Journal. Retrieved May 25, 2010.^ Zamora-Quezada v. Health Texas Medical Group, 34 F. Supp. 2d 433 (W. D. Tex. 1998).^ Geyelin, Milo (January 26, 2000). ""A Disabled Attorney's Novel Strategy Puts A Civil-Rights Spin on HMO Litigation"". Wall Street Journal. Wsj.com. Retrieved May 2, 2016.^ Campbell v. General Dynamics Government Systems Corp., 407 F.3d 546 (1st Cir. 2005). External links [ edit]Wikimedia Commons has media related to Americans with Disabilities Act. Listen to this article ( info/dl )Note: this file is approximately 18.3 megabytes This audio file was created from a revision of the article "" Americans with Disabilities Act of 1990 "" dated 2009-04-09, and does not reflect subsequent edits to the article. ( Audio help)More spoken articles Official website Department of Labor ADA page Equal Employment Opportunity Commission ADA page Navigable text of the Americans with Disabilities Act of 1990 – 42 U. S. Code Chapter 126Discrimination in the Workplace Categories:1990 in law 101st United States Congress Anti-discrimination law in the United States United States federal disability legislation United States federal civil rights legislation Americans with Disabilities Act of 1990 Disability in law "

Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

Federal Laws Prohibiting Job Discrimination Questions And Answers

"The U. S. Equal Employment Opportunity Commission Federal Laws Prohibiting Job Discrimination Questions And Answers Federal Equal Employment Opportunity (EEO) Laws I.

What Are the Federal Laws Prohibiting Job Discrimination? Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; andthe Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The U. S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

Other federal laws, not enforced by EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. 5 U. S. C. 2302. The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability.

It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation.

The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. The CSRA is enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB).

Additional information about the enforcement of the CSRA may be found on the OPM web site at http://www.opm.gov/er/address2/guide01.htm; from OSC at (202) 653-7188 or at http://www.osc.gov/; and from MSPB at (202) 653-6772 or at http://www.mspb.gov/ .

Discriminatory Practices II. What Discriminatory Practices Are Prohibited by These Laws? Under Title VII, the ADA, GINA, and the ADEA, it is illegal to discriminate in any aspect of employment, including:hiring and firing;compensation, assignment, or classification of employees;transfer, promotion, layoff, or recall;job advertisements;recruitment;testing;use of company facilities;training and apprenticeship programs;fringe benefits;pay, retirement plans, and disability leave; orother terms and conditions of employment.

Discriminatory practices under these laws also include:harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age;retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information; anddenying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.

Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. Note: Many states and municipalities also have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status and political affiliation. For information, please contact the EEOC District Office nearest you. III. What Other Practices Are Discriminatory Under These Laws? Title VII

National Origin Discrimination It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U. S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees.

Employers who impose citizenship requirements or give preferences to U. S. citizens in hiring or employment opportunities also may violate IRCA.

Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers) or at http://www.usdoj.gov/crt/osc. Religious Accommodation An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.

Sex Discrimination Title VII's broad prohibitions against sex discrimination specifically cover: Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment.

(The ""hostile environment"" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.

)Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions. Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the U. S. Department of Labor.

For information on the FMLA, or to file an FMLA complaint, individuals should contact the nearest office of the Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor. The Wage and Hour Division is listed in most telephone directories under U. S. Government, Department of Labor or at http://www.dol.gov/esa/public/whd_org.htm.

Age Discrimination in Employment Act The ADEA's broad ban against age discrimination also specifically prohibits:statements or specifications in job notices or advertisements of age preference and limitations.

An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ);discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; anddenial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Equal Pay Act The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.

Note that: Employers may not reduce wages of either sex to equalize pay between men and women. A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex.

A violation may also occur where a labor union causes the employer to violate the law. Titles I and V of the Americans with Disabilities Act, as amended The ADA prohibits discrimination on the basis of disability in all employment practices.

It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination: Individual with a Disability An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having a disability. An entity subject to the ADA regards someone as having a disability when it takes an action prohibited by the ADA based on an actual or perceived impairment, except if the impairment is both transitory (lasting or expected to last six months or less) and minor.

Major life activities are basic activities that most people in the general population can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, thinking, and eating.

Major life activities also include the operation of a major bodily function, such as functions of the immune system normal cell growth, brain, neurological, and endocrine functions.

""Qualified""An individual with a disability is ""qualified"" if he or she satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

Reasonable Accommodation Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters.

Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.

A person who only meets the ""regarded as"" definition of disability is not entitled to receive a reasonable accommodation. Undue Hardship An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business.

Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation. Prohibited Inquiries and Examinations Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category.

Medical examinations of employees must be job-related and consistent with business necessity. Drug and Alcohol Use Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations.

Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees. The Civil Rights Act of 1991The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC.

Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials.

It also directs the EEOC to expand its technical assistance and outreach activities. Title II of the Genetic Information Nondiscrimination Act of 2008GINA prohibits discrimination against applicants, employees, and former employees on the basis of genetic information.

This includes a prohibition on the use of genetic information in all employment decisions; restrictions on the ability of employers and other covered entities to request or to acquire genetic information, with limited exceptions; and a requirement to maintain the confidentiality of any genetic information acquired, with limited exceptions.

Employers And Other Entities Covered By EEO Laws IV. Which Employers and Other Entities Are Covered by These Laws? Title VII, the ADA, and GINA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals.

These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.

The EPA covers all employers who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act. Title VII, the ADEA, GINA, and the EPA also cover the federal government.

In addition, the federal government is covered by Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, which incorporate the requirements of the ADA. However, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred.

The CSRA (not enforced by EEOC) covers most federal agency employees except employees of a government corporation, the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and as determined by the President, any executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities, or the General Accounting Office.

The EEOC'S Charge Processing Procedures Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing. V. Who Can File a Charge of Discrimination? Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.

In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

VI. How Is a Charge of Discrimination Filed? A charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U. S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge.

Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made. Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

VII. What Information Must Be Provided to File a Charge? The complaining party's name, address, and telephone number;The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and The date (s) of the alleged violation (s).

Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing. VIII. What Are the Time Limits for Filing a Charge of Discrimination? All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed: A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law.

For ADEA charges, only state laws extend the filing limit to 300 days. These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.

To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected. Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

IX. What Agency Handles a Charge that is also Covered by State or Local Law? Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws.

EEOC refers to these agencies as ""Fair Employment Practices Agencies (FEPAs)."" Through the use of ""work sharing agreements,"" EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law. If a charge is filed with a FEPA and is also covered by federal law, the FEPA ""dual files"" the charge with EEOC to protect federal rights.

The charge usually will be retained by the FEPA for handling. If a charge is filed with EEOC and also is covered by state or local law, EEOC ""dual files"" the charge with the state or local FEPA, but ordinarily retains the charge for handling. X. What Happens after a Charge is Filed with EEOC? The employer is notified that the charge has been filed.

From this point there are a number of ways a charge may be handled: A charge may be assigned for priority investigation if the initial facts appear to support a violation of law.

When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred. EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so.

If settlement efforts are not successful, the investigation continues. In investigating a charge, EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate. The charge may be selected for EEOC's mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer.

If mediation is unsuccessful, the charge is returned for investigation. A charge may be dismissed at any point if, in the agency's best judgment, further investigation will not establish a violation of the law.

A charge may be dismissed at the time it is filed, if an initial in-depth interview does not produce evidence to support the claim.

When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf. Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

XI. How Does EEOC Resolve Discrimination Charges? If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.

If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding.

EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination. If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored. If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.

In Title VII and ADA cases against state or local governments, the Department of Justice takes these actions. Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

XII. When Can an Individual File an Employment Discrimination Lawsuit in Court? A charging party may file a lawsuit within 90 days after receiving a notice of a ""right to sue"" from EEOC, as stated above.

Under Title VII, the ADA, and GINA, a charging party also can request a notice of ""right to sue"" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge.

Under the EPA, a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage. Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

XIII. What Remedies Are Available When Discrimination Is Found? The ""relief"" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:back pay,hiring,promotion,reinstatement,front pay,reasonable accommodation, orother actions that will make an individual ""whole"" (in the condition s/he would have been but for the discrimination). Remedies also may include payment of:attorneys' fees,expert witness fees, andcourt costs. Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against the federal, state or local governments.

In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that ""good faith"" efforts were made to provide reasonable accommodation. An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation.

Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case. The Commission XIV. What Is EEOC and How Does It Operate? EEOC is an independent federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964.

The Commission is composed of five Commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year staggered terms; the General Counsel's term is four years. The President designates a Chair and a Vice-Chair. The Chair is the chief executive officer of the Commission.

The Commission has authority to establish equal employment policy and to approve litigation. The General Counsel is responsible for conducting litigation. EEOC carries out its enforcement, education and technical assistance activities through 53 field offices serving every part of the nation.

The nearest EEOC field office may be contacted by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY). Information And Assistance Available From EEOCXV. What Information and Other Assistance Is Available from EEOC? EEOC provides a range of informational materials and assistance to individuals and entities with rights and responsibilities under EEOC-enforced laws.

Most materials and assistance are provided to the public at no cost. Additional specialized training and technical assistance are provided on a fee basis under the auspices of the EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992.

For information on educational and other assistance available, contact the nearest EEOC office by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY). The EEOC has a number of fact sheets and other publications available free of charge. These may be downloaded from the Publications page. Information about EEOC and the laws it enforces also can be found at the following internet address: http://www.eeoc.gov. This page was last modified on November 21, 2009. Return to Home Page "

file? Retaliation for filing discrimination claims or making discrimination complaints is prohibited by the same laws which prohibit discrimination itself. Complaints of retaliation are processed by the same state agencies following the same process as the underlying discrimination claim.

Your Rights Retaliation for a Discrimination Claim

"Choose Language:printdecrease text size increase text size text Home Your Rights Discrimination Retaliation for a Discrimination Claim Your Rights Retaliation for a Discrimination Claim This page provides answers to the following questions:1. What is retaliation?2. What is protected conduct?3. Did your employer take adverse action?4. Did your employer know about your protected conduct?5. What is the evidence that your protected conduct led to your termination?6. How can I counter my employer's denials?7.

Who enforces the law?8. What are the remedies available to me?9. If I lose my discrimination claim can I still win my retaliation claim?10. How can I file a complaint / How long do I have to file?1. What is retaliation? Most of the federal laws that protect employees' rights contain provisions that make it unlawful for an employer to retaliate against someone who engages in conduct which the law protects.

Proving retaliation can be difficult. The following are key questions to be asked in considering a claim for retaliation.back to top2. What is protected conduct?“Protected conduct” includes all aspects of trying to oppose or remedy discrimination, such as: filing a charge of discrimination; threatening to file a charge; complaining about, opposing or protesting perceived discrimination against yourself or another employee; assisting someone else in opposing discrimination; giving evidence or testimony to an investigator; refusing to engage in conduct that the you believe to be unlawful; and refusing to assist an employer (by testimony or otherwise) in discriminating.

For example, in a case against Day & Zimmerman NPS, Inc (“DZNPS”), the court held that (1) revealing an employee’s charge of discrimination to the employee’s colleagues was an adverse employment action and that the court may look at the time frame between the filed discrimination claim and (2) employer’s alleged retaliatory action to determine that an adverse action taken against an employee was a result of a discrimination charge filed.

No resulting harm in an adverse action needs to be proven. For a retaliation claim to exist, the EEOC needs to prove that the adverse action could dissuade employees from making a charge of their own or communicating with the EEOC in general.

This case urges employers to be careful with what information is disclosed to their employees. Under the Family and Medical Leave Act (FMLA), requesting or taking medical leave or protesting your employer's refusal to allow you to take leave is considered protected conduct. Even making inquiries about a certain policy or practice of the company, or about your participation in any retirement or other plan covered by the Employee Retirement Income and Security Act (ERISA), is protected conduct.

Other employment statutes also have anti-retaliation clauses.back to top3. Did your employer take adverse action? Your employer must have retaliated against you in some way that is “materially adverse” and likely to “dissuade a reasonable worker from making or supporting a charge of discrimination” for the conduct to be considered unlawful.

Usually, unlawful retaliation takes the form of demotion, harassment or termination, but as a result of a recent Supreme Court decision, does not have to be confined to employment or occur at the workplace, if it is enough that a reasonable person would be less likely to complain about discrimination as a result.back to top4.

Did your employer know about your protected conduct? You must show that your employer knew that you engaged in protected conduct. This requires that the person who makes the actual decision about your job, either verbally or in writing, knew about your conduct.

Telling the decision maker about your conduct is the simplest way to assure that the employer knows about you protected activity.

However, there are other ways that the decision maker could have learned about your conduct. Other company employees or supervisors or the Equal Employment Opportunity Commission may tell someone at your company about your protected conduct. If you cannot prove that your employer knew about your protected conduct, you will not be able to prove a case of retaliation.back to top5.

What is the evidence that your protected conduct led to your termination? The most difficult part of a retaliation claim is showing a causal connection between your protected conduct and the adverse action taken against you. Timing can be evidence of a causal connection. If your employer fires you shortly after you file a charge of discrimination, one can infer that your protected conduct was the real reason for your termination.

A recent Supreme Court decision held that retaliation claims must be proved according to a ‘but- for- causation’ standard. This means that you must show that the retaliation would not have occurred if you had not engaged in the protected activity, like filing a charge of discrimination.

For example, if your employer claims that you were terminated for some specific misconduct, you could show that you didn’t engage in the alleged misconduct at all and therefore your discrimination charge is the only possible reason for your termination.

The type of evidence you have and the amount of evidence you have against your employer can help you meet this but-for standard.back to top6. How can I counter my employer's denials? You can disprove your employer's stated reasons for your termination using the same kind of evidence used to show ""pretext"" in a discrimination case.

For example, you can show that the employer's excuse is factually untrue, that it was insufficient to have actually caused your discharge, that it is simply unworthy of credence, or so riddled with errors that your employer could not realistically have relied on its stated reason.

Remember, it is always going to be up to you, the employee, to prove unlawful motivation. While difficult, it is not impossible.

Circumstantial evidence can be powerful in proving your case.back to top7. Who enforces the law? The Equal Employment Opportunity Commission (EEOC) is the federal governmental agency responsible for investigating charges of retaliation on the basis of protected conduct in workplaces of 20 or more employees. Most states have their own agencies that enforce state laws against retaliation (see question 9 below).back to top8. What are the remedies available to me? Victims of retaliation can recover remedies to include:back pay,hiring,promotion,reinstatement,front pay,punitive damages (damages to punish the employer),other actions that will make an individual ""whole"" (in the condition she or he would have been but for the discrimination or retaliation).

Remedies also may include payment of:attorneys' fees,expert witness fees, andcourt costs. An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.

Your state law may allow for greater or different remedies than federal law.back to top9. If I lose my discrimination claim can I still win my retaliation claim? Yes. Retaliation claims are separate from discrimination claims, and the success of one is not dependent on the other.

Courts often times find that an employee has suffered from retaliation absent from finding that the protected activity was based on discrimination. You can win your retaliation claim by showing that after you filed your discrimination claim you suffered an adverse action due to the filing of your compliant.

If it is found that no discrimination has occurred, you can still get relief for your retaliation claim. Employees can also bring retaliation claims for participating in or testifying on behalf of another employee in their discrimination case. In a situation like this, the employee’s retaliation claim is completely separate from their co-employees’ discrimination claim.10. How can I file a complaint / How long do I have to

file? Retaliation for filing discrimination claims or making discrimination complaints is prohibited by the same laws which prohibit discrimination itself. Complaints of retaliation are processed by the same state agencies following the same process as the underlying discrimination claim.

Select your state from the map below or from this list to find out more about how to file a discrimination or a retaliation claim.back to top This is a selection from Job Rights and Survival Strategies by Paul H. Tobias and Susan Sauter. "

Although federal laws protect people from workplace discrimination on the basis of sex, race, national origin, religion, age, and disability, there is no federal law that specifically outlaws workplace discrimination on the basis of sexual orientation in the private sector.

Sexual Orientation Discrimination: Your Rights

"Sexual orientation discrimination includes being treated differently or harassed because of your real or perceived sexual orientation—whether gay, lesbian, bisexual, or heterosexual.

This type of discrimination may be illegal in your workplace, depending on where you work. Related Products MORECreate Your Own Employee Handbook The Employer's Legal Handbook The Essential Guide to Workplace Investigations The Job Description Handbook Federal Law

(Federal government workers are protected from such discrimination.) In recent years, however, some courts have been willing to extend protection to gay and lesbian employees by holding that they were victims of illegal ""sex"" discrimination for not living up to gender-based stereotypes.

Based on these cases, the Equal Employment Opportunity Commission (EEOC)—the agency that enforces federal antidiscrimination laws—has taken the position that sexual orientation discrimination is necessarily a form of sex discrimination because it involves gender-based stereotypes of how men and women should behave and with whom they should be in romantic relationships.

The EEOC is accepting and processing sexual orientation discrimination claims from employees, and in 2016, it filed its first two sexual orientation discrimination lawsuits on behalf of LGBT employees. Whether sexual orientation is protected under federal law is a complicated and unsettled area of the law, which will ultimately be up to the courts to decide.

For now, however, the EEOC is accepting and pursuing sexual orientation discrimination claims. State Laws There is more definitive protection offered at the state level. Almost half the states and the District of Columbia have laws that currently prohibit sexual orientation discrimination in both government and private jobs: California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

In addition, a few states have laws prohibiting sexual orientation discrimination in public workplaces on

ly. Local Laws If you are gay or lesbian and your state does not have a law that protects you from workplace discrimination, you may still be protected by city and county ordinances. Many cities and counties prohibit discrimination on the basis of sexual orientation in at least some workplaces.

Identifying Age Discrimination in the Workplace It can be difficult to determine whether you’ve been the victim of age discrimination in the workplace. There are subtle signs of age discrimination cases and there are more blatant types of discrimination.

Age Discrimination at Work

Age discrimination is prohibited by the Age Discrimination Act of 1967, and is enforced by the Civil Rights Center and the Equal Employment Opportunity Commission.

For individuals over 40 who have been discriminated against because of their age, it’s important to know about the age discrimination laws, how to identify age discrimination in the workplace and what to do about it.

What is Age Discrimination? Employers who make decisions regarding applicants or employees over 40 years of age using their age as a basis, it is considered age discrimination.

There are many different ways discrimination can happen and a few examples of age discrimination include: A company needs to lay off several individuals so the supervisors lay off the eldest of the employees – they are the ones who most likely draw the highest salaries. A company turns down a qualified older person for a position; instead giving it to a younger individual with the same qualifications. A company states a preference regarding the age of their employees in advertisements in an effort to keep their company image youthful and fresh.

According to the ADEA, an employer with at least 20 employees is unable to refuse to hire, promote or fire a person based on age.

A few examples of prohibited behavior include: An employer cannot use an employee’s age to make decisions about hiring, salary, promotion, layoff or termination. Most employers cannot make employees retire at a certain age. Employers cannot advertise a preference in age of employees. Employers cannot take action against an employee who files a complaint for age discrimination. If any of these things have happened to you, you may have the basis for a lawsuit or complaint against the employer.

Consult your case for free with an age discrimination lawyer. Documenting Incidents - It’s quite important that you document the incidents so that you have a record of the discrimination as well as who was involved and any witnesses that may have been involved. Documenting can help with later complaints and lawsuits as well. If there is any proof of the discrimination, this should be saved as well.

Filing an Age Discrimination Complaint Individuals who have experienced age discrimination in employment have the right to file a complaint with the EEOC or the Equal Employment Opportunity Commission.

The EEOC investigates all age discrimination lawsuits. They will also get back to individuals to tell them what action they can take against the discriminating employer. Individuals may also consider filing a complaint with the company. Check the company policies on discrimination regarding age.

Legal Help You may also be able to take legal action against an employer for age discrimination. One of the best moves to take is to have a free consultation with an attorney who specializes in discrimination. He or she can tell you whether you have a legitimate claim against the employer and whether you have enough proof to get a conviction. The attorney can also help you determine which steps to take next in order to seek justice for the pain you’ve suffered.

This article is provided for informational purposes only. If you need legal advice or representation, click here to have an attorney review your case . More Information Employment Bias Disability Discrimination at Work Sexual Orientation Racial Discrimination in America Article VI - U. S. Constitution Article V - U. S. Constitution

on. Proving Workplace Discrimination Generally, courts use the same standard of proof regardless of which type of discrimination is applicable. The same standard applies whether the moving party alleges any type of discrimination, whether it is race, sex, gender, national origin, age, or another characteristic.

Legal Issues and Workplace Discrimination

Legal Issues and Workplace Discrimination Victims of workplace discrimination must make many decisions. They must decide whether to quit their jobs and attempt to find alternative employment, they must determine whether they want to take action against their employers, and they must choose which course of action best suits their circumstances.

However, victims’ decisions do not end there. Once a victim decides to take legal action against workplace discrimination, he faces additional choices. Can he prove his case? How should he behave at work? Should he hire an attorney? Will some form of dispute resolution satisfy his needs?

What types of remedies are available to him if he files suit? Injury Board has composed this article to provide information on the legal process you will face upon filing a workplace discrimination lawsuit. The article will answer questions you may have about the legal process, and help you to make informed decisions about your course of acti

You are likely to need direct evidence that discrimination occurred in order to have an actionable case. Helpful pieces of evidence include letters, memos, and notes that directly show that you were treated with bias because you are a member of a protected class. Circumstantial evidence, although insufficient alone, can add weight to your discrimination claim.

One example of circumstantial evidence is violating company policy by singling out a particular group. Also, you may use an employer’s repeated action of passing over a particular group for promotion, paying a particular group less than other groups, and assigning a specific group to dead-end jobs as examples of circumstantial evidence.

Essentially, you must prove that you are a member of a protected class, and that you suffered negative treatment by your employer because you are a member of the protected class.

If the employer can cast enough doubt as to the reason for the adverse treatment of a member of a protected category, the alleged victim will lose her case. For example, an Asian man may claim that he was fired from his job because he is a member of the Asian community.

His employer may respond that he fired the man because he was downsizing. This is likely a reasonable excuse for firing an employee. Unless the man can prove that he was fired because he is Asian, he will likely lose his case. In other words, the alleged victim must prove pretext.

In this scenario, the victim may rebut the employer’s excuse by pointing out that the employer hired a new employee to fill the position the next day. The employer could not possibly have been downsizing if he hired a replacement for the fired man the next day.

Here, however, the victim may need more direct evidence that the employer was racist in order win a lawsuit. Disparate Treatment and Disparate Impact Disparate treatment and disparate impact are two terms used in workplace discrimination situations.

Disparate treatment is obvious and intentional discrimination against a person because if his membership in a protected class. Conversely, disparate impact is more difficult to detect because it does not require intent to discriminate.

Disparate impact involves a situation in which a company has a requirement with which only a small percentage of people in the protected group can comply. In other words, a company’s requirement excludes most members of the protected category. The discrimination is an unintentional result of the company’s policy.

CLICK HERE - to learn more about disparate treatment and disparate impact KEY STRATEGY – Circumstantial evidence can be extremely helpful to your workplace discrimination case, but you must have direct evidence of discrimination for your case to be viable.

Hiring an Attorney It is often advisable to place complicated situations in the hands of experts. If you choose to file suit, you will almost certainly be confronted with legal jargon and issues with which you are unfamiliar. Employment law attorneys have the experience necessary to review and analyze contracts, agreements, policies, and handbooks.

A qualified attorney can help laypeople wade through the legal process and determine whether there is reasonable cause to believe that discrimination did occur.

In the event that you do not have a viable workplace discrimination claim, the attorney will suggest that you abandon the lawsuit, saving you time, effort, and money on filing a futile lawsuit against your employer. Dispute Resolution There are several alternatives to filing a workplace discrimination lawsuit against your employer. Individuals may engage in some form of pretrial dispute resolution, thereby resolving the case and avoiding a trial.

There are several popular types of dispute resolution. Arbitration – In this form of dispute resolution, each party presents his case to a neutral third party. This neutral third party renders a decision on the matter based on the information presented, eliminating the need for a judge, jury, or administrative agency.

Parties usually agree that the third party’s decision will be binding on both parties. Generally, arbitration decisions cannot be overturned by the courts. Compulsory Arbitration – Some companies and businesses require their employees to sign compulsory arbitration agreements. This means that, in the event of a dispute between labor and management, they two sides would be required to attend arbitration. Compulsory arbitration is often used in situations in which a labor strike would dramatically affect public interest.

Settlement – This occurs when the parties to a dispute reach a resolution before the case goes to trial. Knowing when to accept a settlement offer can be tricky. You don’t want to sell yourself short, but you also don’t want to be too greedy.

This is a situation in which the experience and advice of a qualified attorney could be invaluable. Remember, if you reject an offer and win your case at trial, you may be penalized if the amount of damages the judge or jury awards is less than the original offer. In other words, if you reject a settlement offer and the jury awards you less than the proposed settlement, you may be penalized.

In that situation, you will be prohibited from seeking payment of your attorney’s fees accrued after the date you rejected the settlement offer.

CLICK HERE - for an article analyzing the pros and cons of arbitration KEY STRATEGY – It is advisable to attempt to settle workplace discrimination cases without enduring a long and arduous trial. You and your attorney should do research before entering dispute resolution to protect yourself against subsequent penalties. Legal Remedies for Discrimination According to EEO laws, victims of workplace discrimination may seek a variety of remedies, where applicable.

Employees may request back pay, restoration of their original job (in cases where the victim was unlawfully terminated or reassigned), a court order to stop ongoing discrimination, and compensation for pain and suffering endured as a result of the discrimination. Although the use of punitive damages (designed to punish the guilty party for wrongdoing) is generally limited, employers found guilty of egregious workplace discrimination may be forced to pay up to $300,000 in punitive damages. Read the first article in the series: Preventing Workplace Discrimination

It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Overview

Overview The U. S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases).

Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. Authority & Role The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. Our role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding.

If we find that discrimination has occurred, we will try to settle the charge. If we aren't successful, we have the authority to file a lawsuit to protect the rights of individuals and the interests of the public and litigates a small percentage of these cases. When deciding to file a lawsuit, the EEOC considers several factors such as the strength of the evidence, the issues in the case, and the wider impact the lawsuit could have on the EEOC's efforts to combat workplace discrimination.

We also work to prevent discrimination before it occurs through outreach, education and technical assistance programs. The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. EEOC assures federal agency and department compliance with EEOC regulations, provides technical assistance to federal agencies concerning EEO complaint adjudication, monitors and evaluates federal agencies' affirmative employment programs, develops and distributes federal sector educational materials and conducts training for stakeholders, provides guidance and assistance to our Administrative Judges who conduct hearings on EEO complaints, and adjudicates appeals from administrative decisions made by federal agencies on EEO complaints.

Location We carry out our work through our headquarters offices in Washington, D. C. and through 53 field offices serving every part of the nation.

. Gender discrimination in the workplace refers to discrimination by management in personnel decisions based on an employee’s sex. Under FEHA, an employer of five or more employees can be liable for discrimination, but for liability for harassment an employer only needs to have one or more employees.

The Difference Between Sexual Harassment and Gender Discrimination

The Difference Between Sexual Harassment and Gender Discrimination The California Fair Employment and Housing Act (FEHA) and the United States Federal law in Title VII of the Civil Rights Act (Title VII) prohibit gender discrimination in the workplace and harassment based on the sex of an employee.

Harassment is conduct that is not necessary for the performance of a supervisory job, but is instead outside the scope of necessary job duties.

The California Supreme Court in Jones v. The Lodge at Torrey Pines Partnership (2008) 42Cal. 4th 1158, 1164, noted that harassment is conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives. Discrimination claims, by contrast, arise out of the performance of necessary personnel management duties, such as hiring, firing, and awarding promotions

An employer must have fifteen employees for liability for claims, such as gender discrimination in the workplace, under Title VII.

Workplace retaliation lawsuits have become increasingly more common and more expensive for employers. When employees file a complaint about discrimination or harassment in the workplace, it's imperative that you, as an employer, take it very seriously and handle the complaint with special care.

Workplace Retaliation

Workplace Retaliation Download article as a PDF

If the course of action you take is viewed as punishing the person for filing the complaint in any way, you may wind up facing a very expensive lawsuit. What Qualifies as Retaliation

Retaliation is any adverse action that a company takes against an employee because he or she filed a complaint about harassment or discrimination. Adverse action can include actions such as firing the employee, giving them negative evaluations, disciplining or demoting them, reassigning them or reducing their pay.

Time Limits For Filing A Charge The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place.

Time Limits For Filing A Charge

The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law.

The deadline is not extended if only a local law prohibits age discrimination. Note: Federal employees and job applicants have a different complaint process, and generally must contact an agency EEO Counselor within 45 days. The time limit can be extended under certain circumstances. Regardless of how much time you have to file, it is best to file as soon as you have decided that is what you would like to do.

Time limits for filing a charge with EEOC generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation before filing a charge with EEOC.

Other forums for resolution may be pursued at the same time as the processing of the EEOC charge. Holidays and weekends are included in the calculation, although if the deadline falls on a weekend or holiday, you will have until the next business day. Figuring out how much time you have to file a charge is complicated. If you aren't sure how much time is left, you should contact one of our field offices as soon as possible so we can assess whether you still have time.

If More Than One Discriminatory Event Took Place Also, if more than one discriminatory event took place, the deadline usually applies to each event.

For example, let's say you were demoted and then fired a year later. You believe the employer based its decision to demote and fire you on your race, and you file a charge the day after your discharge. In this case, only your claim of discriminatory discharge is timely. In other words, you must have filed a charge challenging the demotion within 180/300 days from the day you were demoted.

If you didn't, we would only investigate your discharge. There is one exception to this general rule and that is if you are alleging ongoing harassment. Ongoing Harassment In harassment cases, you must file your charge within 180 or 300 days of the last incident of harassment, although we will look at all incidents of harassment when investigating your charge, even if the earlier incidents happened more than 180/300 days earlier.

Equal Pay Act And Time Limits If you plan to file a charge alleging a violation of the Equal Pay Act (which prohibits sex discrimination in wages and benefits), different deadlines apply. Under the Equal Pay Act, you don't need to file a charge of discrimination with EEOC. Instead, you are allowed to go directly to court and file a lawsuit.

The deadline for filing a charge or lawsuit under the EPA is two years from the day you received the last discriminatory paycheck (this is extended to three years in the case of willful discrimination).

Equal Pay Act And Title VII And Time Limits Keep in mind, Title VII also makes it illegal to discriminate based on sex in the payment of wages and benefits. What this means is, if you have an Equal Pay Act claim, you may also want to file a Title VII claim. In order to pursue a Title VII claim, you must file a charge with EEOC first. Filing a Title VII charge will not extend the deadline for filing an EPA lawsuit.

Figuring out how much time you have to file a charge is complicated. It also can be difficult to figure out the pros and cons of filing a charge under the EPA instead of a lawsuit. Our field office staff would be happy to speak with you to explore your options.

Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex.

US Constitution - 5th and 14th Amendments

"Home / Federal Employment and Labor Laws / US Constitution - 5th and 14th Amendments US Constitution - 5th and 14th Amendments Tags: Employment Discrimination Federal Employment Laws Race & National Origin Harassment - Gender, Sex & Pregnancy Age Disability Religion Military Status The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate.

The private sector is not directly constrained by the Constitution. The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of ""life, liberty, or property,"" without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection.

Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a ""liberty,"" like the right to free speech, or a property interest.

Amendment VAmendment XIVAmendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment IIA well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment IIINo soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VIIIn suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Amendment XI The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

Amendment XII The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.

But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Amendment XIII Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation. Amendment XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.

But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

But Congress may by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Amendment XV Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XVI The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

Amendment XVII The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote.

The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures. When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Amendment XVIII Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress. Amendment XIX The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. Congress shall have power to enforce this article by appropriate legislation. Amendment XX Section 1.

The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President.

If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission. Amendment XXI Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.

Amendment XXII Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.

But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

Amendment XXIII Section 1. The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous state; they shall be in addition to those appointed by the states, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a state; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XXIV Section 1.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.

Section 2. The Congress shall have power to enforce this article by appropriate legislation. Amendment XXV Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office.

Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session.

If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Amendment XXVI Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.

Section 2. The Congress shall have the power to enforce this article by appropriate legislation. Amendment XXVII No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.‹ Taxpayers Against Fraud - False Claims Acts for the Federal Government and Various States up Vietnam Era Veterans Readjustment Assistance Act of 1974 - VEVRAA - 38 US Code Chapter 42 §4211-4215 ›If you would like to ask a question about an employment law situation that you would like answered, click here to ask an employment lawyer. "

FAQEmployment Discrimination Employment discrimination: an overview Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. A growing body of law also seeks to prevent employment discrimination based on sexual orientation.

Employment Discrimination

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Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.

The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.

The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The Fifth amendment has an explicit requirement that the federal government not deprive individuals of ""life, liberty, or property,"" without due process of the law.

ps. First, Talk to Your Employer Many employers have extensive training in the rights of workers. The first thing that you should do once you think that your workplace rights have been violated (such as discrimination) is to talk to your employer about the situation.

Protecting the Rights of Workers

Protecting the Rights of Workers Many workers in the United States do not realize that they may be entitled to several workplace rights.

Depending upon where you live, the kind of job you have, and the size of your employer, the rights of workers where you are employed may include: The right to a safe work environment, free from undue dangers The right to a degree of privacy in your personal matters The right not to be discriminated against on grounds of your age, race, national origin, gender, ethnicity, pregnancy, religion, or disability In some states and places, the right not to be discriminated against on the basis of marital status, gender identity, sexual orientation and other characteristics The right to fair pay, meaning at least a minimum wage, plus overtime for any hours worked over 40 hours a week or, in some places, over 8 hours a day The right to a workplace environment with no harassment The right to take time from work to tend to your own, or a family member's, illness, and The right to take leave following the birth of a child If you think that any of your workplace rights have been violated, you should follow the following ste

Under most circumstances, an open and honest conversation can resolve difficulties and avoid the need for any legal action. Almost all companies want to stay within the bounds of the law and will work to avoid legal troubles. However, there are still occasions when an employer can be truly antagonistic and uncaring about the rights of workers. We will discuss what to do in these situations a little later. Many people find that talking to their employer can be a difficult and stressful task.

To make things easier, here are a few tips that you can keep in mind when tackling this problem: Be informed about your rights. When you go to talk to your employer about the workplace rights you feel have been violated, it is best to know what those rights are exactly.

This will give you confidence going into the meeting. Keep the facts simple. Treat this meeting with your employer like a business meeting -- take notes beforehand, write a brief summary of what violation occurred, and have a suggestion for how to resolve the situation.

Many people find it useful to have a friend or a detached reader look over these facts and make suggestions about how best to approach the problem and which facts to include. Remain detached during the meeting. Yes, the events leading up to this meeting were most likely very stressful and upsetting, but bringing those emotions to the meeting won't help your cause.

If you can practice your presentation before hand, perhaps with a friend, this will help you get your emotions out the first time so you don't bring them with you to the meeting.

Figure out what to do next. This is one of the most important steps to remember -- before you leave your employer's office, decide on the course of action that is to happen. Is the company going to look into the situation? Is your manager going to talk with your co-workers? What is going to change if problems are discovered? Before the meeting ends, make sure there is a plan for what's going to happen next. Follow up. Just like with any important meeting, be sure to follow up after your discussion with your employer.

If you and your employer decided that your manager would investigate the problem, make sure that the investigation occurred. Try to schedule another meeting to see what progress has been made. Second, Be Sure to Keep Your Own Records Even if you have presented your employer with all the documents you think are relevant to the workplace rights issue, be sure to keep copies of everything for your own records.

In addition, take notes of important conversations that you have regarding the situation. If you can't take notes during the conversation, jot them down immediately after and remember to include important details such as the date, time, place and names of people who took part in the conversation.

Also, gather any documents that you think may be relevant such as e-mails, employee handbooks, letters, company policy statements and others.

However, you need to be careful that you only retain documents that you have valid access to. There have been cases of workplace discrimination that have been compromised in the past because a person copied documents that were confidential, even though they related to the discrimination claim.

Also, if any of your co-workers saw or heard anything relating to your workplace rights situation, ask them to write down what they heard in signed and dated statements. These could include everything from water-cooler gossip to talk of open age discrimination in the company.

Third -- Deadlines, Deadlines, Deadlines!When you have taken the above measures in talking openly with your employer and you still feel that nothing has been done to address your workplace rights, it may be time to consider taking legal action. The rights of workers are a very serious matter and the law may come down hard on employers who violate them, but there are still deadlines you must meet.

The law in every state sets a statute of limitation for various types of legal actions which gives the amount of time in which a person has to bring a lawsuit or else give up the claim.

These time periods can range from weeks to years, and which time period applies to your case in will depend both on your location as well as the rights that were violated and to what degree.

Have an Employment Attorney Evaluate Your Labor Claim at No Cost If you believe your rights as an employee have been violated, you may want to consult with an employment law attorney about your situation. The lawyer will be able to help you determine the strength of your legal claim, as well as point out any deadlines that may be approaching. Get a handle on your potential claim today with a free legal evaluation.

. Charges of age discrimination spiked during the Great Recession. It’s not easy to win if you file a complaint, but there are ways to bolster your case. Read on to learn about the law that protects you and what you can do if you or someone you know becomes a victim of age discrimination.

Age Discrimination Fact Sheet

Age Discrimination Fact Sheet What you need to know about the Age Discrimination in Employment Act Updated April 2014En español | Age discrimination in the workplace persists as a serious and pervasive problem

The Law The Age Discrimination in Employment Act (ADEA) is a federal law that protects workers and job applicants age 40 and over from age-based discrimination in all aspects of employment. The ADEA does not apply to elected officials, independent contractors or military personnel. The law does apply to: Employers with at least 20 employees Employment agencies The federal government State and local government (though remedies are often limited)Labor organizations with at least 25 members Sign up for the AARP Money Newsletter AARP Discounts Discover great deals and savings on travel, shopping, dining, entertainment, health needs and more.

In addition, every state has a law that prohibits age discrimination in employment. Most state laws apply to employers with fewer than 20 employees, and often provide stronger protection for older workers than federal law. The time limits for filing complaints and the procedures for resolving them differ from state to state and from the federal ADEA.

The Workplace Fairness website provides information on each state’s discrimination law. How the ADEA Protects You The ADEA prohibits age discrimination in decisions about hiring, firing, layoffs, pay, benefits, promotions, demotions, performance reviews or any other condition of employment.

Under the ADEA, employers can’t: Mention age or say that a certain age is preferred in job ads and recruiting materials; it is questionable but not automatically illegal to ask for date of birth or graduation on a job application Set age limits for training programs Retaliate against you if you file charges of age discrimination or help the government investigate charges Force you to retire at a certain age (except for a few narrow exceptions)The law also prohibits policies and practices that have a “disparate impact” on older workers. These are policies that appear to be age-neutral but fall more harshly on older workers. An example is a school district that announces it won’t hire teachers with more than 20 years of experience.

Policies or practices that have a disproportionately adverse impact on older workers are unlawful unless the employer can prove they are based on a reasonable factor other than age. Employee Benefit Protections Under the ADEA, you can’t be denied the opportunity to participate in your employer’s benefit plans because of your age. Employers also can’t reduce benefits based on age, unless the cost of providing the benefit increases with age.

In these instances, the employer must incur the same cost for providing the benefits to older workers as it does for younger workers in order to comply with the ADEA. For example, the cost of providing life insurance increases with age. An employer does not violate the ADEA if it spends the same amount to buy life insurance for younger and older workers, even though the younger workers receive greater coverage for the same premium. Workers 50+Infographic: What workers 50+ want Surprising truth about older workers Life Reimagined for Work connects workers with employers Join AARP — Receive access to exclusive job tools and resources, benefits and discounts Pursuing a Claim You have the right to pursue a claim if you feel you are a victim of age discrimination.

Judging older workers on the basis of age rather than abilities is wrong, and age discrimination can have devastating effects on the financial security of workers at the time and into retirement. It’s a hard case to bring and a hard one to win, though. It can also be emotionally and financially draining, and you may never get your day in court.

Talk with your family, and take the uphill nature of the battle into account. Before you file a complaint, consider negotiating with your employer first or using your company’s established grievance system. If your case is strong, you may be able to persuade your employer to settle with you. Research shows employers are inclined to settle out of court in cases where employees have solid evidence of age bias.

If you decide to move forward, it’s important to have a strong case. Make sure to document remarks by your managers and others that you perceive as discriminatory. Keep emails and any other documentation that helps your case. Then take these steps: File a charge with the federal Equal Employment Opportunity Commission (EEOC)This step comes before you can file a lawsuit.

Call the EEOC at 800-669-4000 or visitthe EEOC website for details on how to file a charge. If at all possible, file a charge within 180 days of the discriminatory action or when you first became aware of the discriminatory action, whichever occurred first.

In some states, the time limit for filing a charge is extended to 300 days. However, filing within 180 days is recommended, to be on the safe side. The EEOC will notify the employer of the charge and will investigate it. If the EEOC determines that the charge has merit, it will attempt conciliation.

This means the agency will try to persuade the employer to voluntarily eliminate and remedy the discrimination. If conciliation is not successful, the EEOC will decide whether to take legal action on behalf of the charging party.

It is important to note that the EEOC does so in an extremely small percentage of the charges it receives. The EEOC website offers more information on age discrimination . Find a lawyer Get in touch with an employment lawyer in your state to talk about the merits of your claim and what you need to do under state law. You can find employment lawyers through the National Employment Lawyers Association: www.nela.org.

File your lawsuit After the EEOC has terminated its proceedings on a charge, the agency will issue a “right to sue” letter. In age discrimination cases, you don’t need to wait for this letter before filing a case in federal court. You can file your lawsuit at any time from 60 days after you file with the EEOC and up to 90 days after you receive the “right to sue” letter.

The ADEA offers important workplace protections, but it doesn’t stop some employers from running afoul of the law’s requirements. Be aware of your rights, and then carefully consider the pros and cons of pursuing a case before you act.

For tools, information and other resources on work-related issues, visit www.aarp.org/workresources.© April 2014You May Also Like How to get along with a younger boss5 ways to age-proof your finances Help bring relief to struggling seniors; find volunteer opportunities near you Join AARP Today — Receive access to exclusive info, benefits and discounts Join the Discussion| 0 | Add Yours Please leave your comment below. You must be logged in to leave a comment. In Your City Your City Name Expand Map See All Local AARP In Your State Visit the AARP state page for information about events, news and resources near you.

If you decide to file a discrimination complaint, you must do so within 15 days from the day you received notice from your EEO Counselor about how to file a complaint.

Filing a Formal Complaint

"Filing a Formal Complaint

This notice is sent to you after your final interview with the EEO Counselor. You must file your complaint at the same EEO Office where you received counseling. The 15-day deadline for filing a complaint is calculated in calendar days starting the day after you receive the notice. If the 15th calendar day falls on a Saturday, Sunday, or federal holiday, then the last day of the deadline is the next business day.

The agency is required to give you a reasonable amount of time during work hours to prepare the complaint. If you feel that you have not been given a reasonable amount of time, contact the agency's EEO Director or EEOC's Office of Federal Operations.

What to Include in the Formal Complaint Your discrimination complaint must contain the following: Your name, address, and telephone number;A short description of the events that you believe were discriminatory (for example, you were terminated, demoted, harassed);Why you believe you were discriminated against (for example, because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information or retaliation);A short description of any injury you suffered; and Your signature (or your lawyer's signature).

Once Formal Complaint is filed After your complaint is filed, the agency will send you a letter letting you know it received your complaint.

The agency will also review the complaint and decide whether your case should be dismissed for a procedural reason (for example, your claim was filed too late). If the agency doesn't dismiss your complaint, it will investigate it. If the agency does dismiss your complaint, you will receive information about how to appeal the dismissal. Should the agency dismiss your complaint without an investigation, you have 30 days from the day you receive the agency's dismissal to appeal. In some cases, an agency will dismiss only part of the complaint and continue processing the rest.

In this situation, you must wait until the agency issues its final order on all the claims in your complaint before appealing the partial dismissal. Investigation of Complaint The agency has 180 days from the day you filed your complaint to finish its investigation. The investigation may be extended by another 180 days if new events are added to your complaint or if you file new complaints that must be added to your original complaint for investigation.

You also have the right to agree to an extension of up to 90 days. When the investigation is finished, the agency will give you two choices: either request a hearing before an EEOC Administrative Judge or ask the agency to issue a decision as to whether discrimination occurred. If more than 180 days pass and the agency has not yet finished its investigation, you can wait for the agency to complete its investigation, ask for a hearing, or file a lawsuit in federal district court.

Once you ask for a hearing, the complaint will be handled by an EEOC Administrative Judge. The Role of the Agency Investigator The role of the agency investigator is to gather information related to your complaint.

Agency investigators do not decide your case. Instead, they are responsible for gathering the evidence needed to decide whether you were discriminated against. Reaching a Voluntary Settlement At any time during the complaint process, the agency can offer to settle your complaint. You are not required to accept a settlement offer. If you and the agency settle your complaint, it will be dismissed and no further action will be taken.

Both you and the agency will be required to do what you promised to do in the agreement. If the Agency Does Not Comply with the Settlement If an agency does not comply in some way with the terms of your settlement agreement, notify the agency's EEO Director. You have 30 days from the day you first learned of the agency's failure to comply to give the EEO Director this notice.

The agency must respond to you in writing to try and settle the conflict. If the agency does not respond, or if you are not satisfied with the agency's response, you can appeal to EEOC's Office of Federal Operations for a decision about whether the agency has complied with the terms of the settlement agreement.

You must file your appeal within 30 days from the day you receive the agency's response or, if the agency does not respond, after 35 days have passed from the day you notified the agency's EEO Director of the agency's failure to comply.

You must give the agency a copy of your appeal. The agency will then have 30 days to respond. Representation During the Complaint Process Although you don't have to be represented by a lawyer during the complaint process, you have the right to have a lawyer if you want one. You can also ask someone who is not a lawyer to represent you, or you can represent yourself. The EEOC will not represent you during the complaint process, and we will not appoint a lawyer to represent you.

Adding New Events to Your Complaint If new events that you believe are discriminatory take place after you file your complaint, you can add them to your complaint.

This is called ""amending"" a complaint. To amend your complaint, you should write the agency's EEO Office, describe what happened, and ask that the new events be included in your complaint. After your letter is received, the EEO Office will either add the new events to your complaint or send you to EEO counseling to discuss them with an EEO Counselor.

If you are sent to counseling and the matter cannot be settled there, you have the right to file a new complaint that includes the new events. The new complaint will later be combined with the original complaint. Having More Than One Complaint If you have more than one discrimination complaint against an agency, the agency's EEO Office must investigate your complaints together. This is to ensure that they are investigated as quickly and as efficiently as possible. The EEO Office will notify you before the complaints are combined. "

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination.

Filing A Charge of Discrimination

"Filing A Charge of Discrimination Log into the EEOC Public Portal to: Submit an inquiry online Schedule an intake interview With the EEOC

A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer.

In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge. The laws enforced by the EEOC require the agency to notify the employer that a charge has been filed against it.

A Charge of Discrimination can be completed through our EEOC Public Portal after you submit an online inquiry and we interview you.

Filing a formal charge of employment discrimination is a serious matter. In the EEOC’s experience, having the opportunity to discuss your concerns with an EEOC staff member in an interview is the best way to assess how to address your concerns about employment discrimination and determine whether filing a charge of discrimination is the appropriate path for you.

In any event, the final decision to file a charge is your own. If you have 60 days or fewer in which to file a timely charge, the EEOC Public Portal will provide special directions for quickly providing necessary information to the EEOC and how to file your charge quickly. Or, go to https://www.eeoc.gov/field/index.cfm and enter your zip code for the contact information of the EEOC office closest to you.

The laws enforced by the EEOC require the agency to accept charges alleging employment discrimination. If the laws do not apply to your claims, if the charge was not filed within the law’s time limits, or if the EEOC decides to limit its investigation, the EEOC will dismiss the charge without any further investigation and notify you of your legal rights.

With A State or Local Agency Many states and local jurisdictions have their own anti-discrimination laws, and agencies responsible for enforcing those laws ( Fair Employment Practices Agencies, or FEPAs). If you file a charge with a FEPA, it will automatically be ""dual-filed"" with EEOC if federal laws apply. You do not need to file with both agencies. Note: Federal employees and job applicants have similar protections, but a different complaint process. How to File a Charge What You Can Expect After You File a Charge Confidentiality Mediation Remedies Existing Charges Filing a Lawsuit "

nn. Before you file a complaint If you do feel the need to file an age discrimination complaint, you should consider some numbers first. First, the ADEA forbids age discrimination against people who are age 40 or older.

Age discrimination at work: How to fight back

Careers age discrimination Age discrimination at work: How to fight back By Stephenie Overman June 21, 2011If you think your age has cost you your job — or fear it might — you have plenty of company. The Equal Employment Opportunity Commission (EEOC) reports that the number of age discrimination charges has increased over the past few years, rising from 16,548 charges (21.8% of all claims) in 2006 to 22,778 (24.4% of all claims) in 2009.

But that’s just “the tip of the iceberg” in this tough economy, says Laurie Mc Cann, senior attorney for AARP.

Many people don’t file complaints, she says, because age discrimination is “incredibly hard to prove” and a 2009 Supreme Court decision, Gross v. FBL Financial Services, Inc., has made it even harder. (The court decided that plaintiffs claiming that they were victims of age discrimination under the federal Age Discrimination in Employment Act should be held to a more stringent standard of proof than plaintiffs pursuing claims under other anti-discrimination laws. )Many often decide that their financial and emotional resources are better spent looking for another job than fighting to get their old one back, Mc Cann says.

It’s especially difficult for individuals. With a group layoff, “there is strength in numbers. People can pool their money and work together to make phone calls and interview attorneys.

With an individual, it takes a strong, determined person.”Taking preemptive measures Instead of waiting until you’re laid off and filing a complaint, it may be better to protect yourself sooner, says Mc Cann.“Take advantage of any sort of training, especially in computer skills and technology.

Make sure you’re not getting behind. Maintain your professionalism, down to your dress and hairstyle.”And, if you haven’t gotten feedback from your manager recently, you should seek it out, Mc Cann says.

“If your manager is glossing over [your performance appraisal] ask, ‘Are there any areas where you think I should look to improve?’ Force them to give you some sort of feedback.”That can pay off in the courtroom (if it comes to that) because she says neither judges nor juries “look favorably” on cases “where someone has had glowing reviews up until they were terminated.”It also doesn’t hurt to let your employer know that you’re aware of your rights.

Talk to your manager or someone in the HR department if you are worried about what you consider unfair practices or discriminatory comments. Let them know “I’m not going to go quietly,” says Mc Ca

(Some states have laws that also protect younger workers.) Second, does the company have 20 or more employees? The ADEA does not apply to smaller firms. If you were included in a group layoff, or series of layoffs, at your company, you may be able to find statistical evidence that supports your claim.

In such cases, the Older Worker Benefit Protection Act, an amendment to the ADEA, requires employers “to supply people who are in the position of being let go with information so they can determine whether the layoffs are falling disproportionately on older workers.

It makes the employer … [specify] who is getting laid off by age,” says New York attorney Eric M. Nelson.

Compiling anecdotal evidence that supports your case is another solid approach. There’s rarely a smoking gun, says attorney and author Lori B. Rassas, but there may be subtle indications of discrimination.“Keep in mind, it’s not just age, but age-related factors. Saying you have too much experience could be age related. Or, [saying] that you make too much money,” she says.

Rassas, who is the author of Employment Law: A Guide to Hiring, Managing and Firing for Employers and Employees, recommends starting a journal as soon as you believe you are being targeted. “You want to have specific examples. When you get fired, it’s too late.”But make sure your journal is a personal account. Don’t overstep legal bounds, she adds. “You don’t want to be recording things, or stealing” data from the company.

Employers frequently say that they fired someone for performance-related reasons and that’s where Eric Nelson sees an advantage for the plaintiff.“With older workers, you’re dealing with people who have been in a position for a longer period of time,” says Nelson.

“I’ll say, ‘He didn’t just wake up one morning and forget how to do his job. The employer found his performance okay for years.’”As hard as it is to win an age discrimination case after you’ve lost a job, claiming that you weren’t hired for a job because of age discrimination is even more difficult.“It’s harder to do,” Rassas says, and usually “it’s not worth it.

The person doesn’t have as much invested.”A big problem with failure-to-hire cases, Nelson says, is that “most people who are looking for work don’t have the resources to litigate.” Another is that they don’t have a track record at the company to present to the jury.

With either type of age discrimination claim, the difficulty is that “proving you were discriminated against means showing what’s in the mind of the person who fired you or who failed to hire you,” he says.

That’s no easy task, under any circumstances. SPONSORED FINANCIAL CONTENTYou May Like Stories From In A Medieval Woman's Grave, A 'Coffin Birth'newser.com Who Was The Real Culprit Behind The Fall Of Toys 'R' Us?whotrades.com Planned Parenthood CEO: Deal Offered By Kushner Felt Lik...newser.com Oil Prices Collapse Despite Strong Fundamentalsoilprice.com Bahrain Makes Its Biggest Oil Discovery In Historyoilprice.com Read More

Workplace Discrimination Is Common Forty-six percent of African American workers believe they have been treated unfairly by their employers, compared with 10 percent of whites, according to a 2002 Rutgers University study, "" A Workplace Divided: How Americans View Discrimination and Race on the Job .

The Stress of Workplace Discrimination

"The Stress of Workplace Discrimination What Can Employers and Employees Do? Michelle K. Massie, Monster Contributing Writer How to Respond to Workplace Discrimination When Audrey Murrell's mother was a biology student in the 1950s, she was told that she had to wait for all the white students to finish their experiments before she could use the lab.

Fast-forward to the 1980s, when Murrell was a graduate student herself. The discrimination she faced was not as blatant but just as real. She was excluded from study groups, and other students would take all the copies of homework assignments before she could get one.

""You're left with this feeling of ‘is this discrimination, or is it me, or is it them?'"" says Murrell, associate professor of business administration and psychology at the University of Pittsburgh's Joseph M. Katz Graduate School of Business.

""You know it's them, [but] it's just harder to prove, because it's not obvious discrimination. ""Discrimination in the workplace and academia leads to more than just a bad day.

It takes a toll on the physical, mental and emotional well-being of employees and students. ""There are two broad categories of overt discrimination -- threats and intimidation,"" says Murrell, who for the past 15 years has researched issues such as affirmative action, workplace discrimination, sexual harassment and mentoring practices. ""It's clear [these are] discrimination. Then there are subtle forms of discrimination that are more challenging and harder to detect. ""

"" The study also found 28 percent of African Americans and 22 percent of Hispanics/Latinos have experienced workplace discrimination, compared with 6 percent of whites. ""Often, the burden falls on the worker to prove that he or she is being discriminated against,"" says Murrell. ""This can lead to a lot of self-doubt and lack of confidence. Then you're likely to see withdrawal, detaching oneself from the job, which leads to internal bitterness and anger.

""The feelings of hopelessness, mistrust, despair and alienation common among people facing bias don't stop at the end of the workday. Stress and depression don't just affect employees at work but also at home among family, friends and loved ones.

Hard to Ask for Help A related issue is the stigma that still surrounds mental health and illness in the African American community. ""There's this belief that we have to appear strong at all times,"" Murrell says. ""Many of us don't believe in going to a therapist and discussing our personal business with a stranger.

[But] bias and the way it affects our physical and emotional state has very real consequences. Employers have to take notice as well, because these things will negatively impact performance.

""What Should Employers Do? Murrell says employers can address workplace bias through the following actions: Recognize the difference between job level and job title. An employee may be granted a particular title, but if the level of responsibility and challenges haven't changed, the worker can feel he is being appeased and that he isn't fully trusted or valued within the organization. Examine barriers to both entry and advancement. Study companies that consistently do things right.

Pay attention to diversity leaders, and integrate their best practices into your workplace culture. Concentrate on targeted recruitment strategies. Create focused employee-development initiatives such as formal mentorship programs that equalize resources and facilitate diversity. Form affinity or diversity groups within the company. What Should Employees Do? Workers also play an important part. According to Murrell, they should: Participate in company-sponsored affinity and networking groups.

Join external professional organizations. Develop informal social support networks made up of people who can offer insight into workplace issues. Consider therapy or counseling. Community-based employee assistance programs also offer more holistic approaches to dealing with workplace issues. Seek out a job coach who can help you move to the next level in your career. Keep a detailed log of events in case you decide to file a complaint with your supervisors, human resources department, union, a lawyer and/or the Equal Employment Opportunity Commission (EEOC).

""Today's discrimination is a lot more subtle,"" Murrell says. ""If we don't tell younger people out there that discrimination has taken a different form, then they'll think they're the problem. ""Related Articles Avoiding Isolation When You're the Only Minority If You Suspect Hiring Bias How the EEOC Protects All Workers Are You a Token Worker? Avoid Age Bias in the Workplace "

on. Educators who have been discriminated against because of their age can find solace and legal protection in the Age Discrimination in Employment Act of 1967 ( ADEA), which protects teachers age 40 and over against age discrimination.

Fighting Age Discrimination Against Educators

Education Policy Human and Civil Rights February 28, 2012 • 9:43AMFighting Age Discrimination Against Educators By John Rosales Across the United States, veteran educators are facing a growing problem of age discrimination.

Last year, Tempe Elementary School District No. 3 in Tucson, Arizona, discriminated against employees on the basis of age when it applied an early retirement incentive plan which granted greater economic benefits to younger employees based upon their age.

In North Carolina, a public school teacher was denied a promotion to assistant principal because of her age. She eventually won a $25,000 settlement after a lawsuit was filed by the U. S. Equal Employment Opportunity Commission (EEOC).

In 2009, EEOC filed an amicus brief in a case from Oklahoma City, successfully arguing that the trial court was wrong to dismiss a discrimination lawsuit by an older educator who had been demoted because of her age. The National Education Association denounces blatant age discrimination as more and more veteran educators are targeted for dismissal by school superintendents and administrators. In many cases, school officials use the guise of “improvement plans” to harass veteran educators without taking into account the countless contributions they have made to public educati

Under this act, age may not be the sole factor when a school district terminates the employment of a teacher. If a teacher charges a school district with age discrimination, the school district has the burden to show that some factor other than age influenced its decision. This law, administered by EEOC, helps to protect this group of educators who either apply for a position or are already employed.

In accordance with ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment. This includes, but is not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments and training.

The Older Workers Benefit Protections Act amended several sections of the ADEA. In Tucson, a lawsuit by EEOC against Tempe Elementary School District alleges that the school district maintained an early retirement incentive plan that was unlawful.

Specifically, the EEOC charges that the school district’s plan is discriminatory because it grants more favorable benefits to younger employees based on their age. Under the school district’s retirement plan, employees are reimbursed for accumulated leave based on their age at retirement, with those retiring at a younger age being treated more favorably than those who retire after age 60.“Early retirement incentive plans which discriminate on their face based upon age are illegal and need to be changed,” said EEOC Regional Attorney Mary Jo O’Neill.

“People in their ‘60s should not be penalized merely because they want to continue working.”Rayford Irvin, district director of EEOC’s Phoenix district office, said in a statement that “with more people working longer and delaying retirement, we will actively protect the rights of people over 40 to be free from this type of discrimination.”The EEOC filed the lawsuit after exhausting its conciliation efforts to reach a voluntary pre-litigation settlement.

The agency is seeking monetary relief including the amount of money a retiree should have received but for the discrimination with prejudgment interest. The commission is also seeking an injunction prohibiting future discrimination to prevent the school district from engaging in further practices that discriminate on the basis of age.

The main body of employment discrimination laws consists of federal and state statutes. Some state constitutions may provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.__________________________________If you have been subjected to improper treatment at your school based on your age, be sure to keep detailed records to document all of the disparate treatment. Read more about age discrimination laws. Posted in Education Policy: Human and Civil Rights POST TAGS: Age Discrimination, EEOC teachers

If you are filing a complaint for someone else, include that person's name, address and phone number The name and address of the agency or person you believe discriminated against you How, why and when you (or the person on whose behalf you are filing the complaint) believe the discrimination took place The types of discrimination you think are involved in the case (for example, race, sex, disability, age)The names of any people who were involved in the discrimination, including any witnesses

Department of Labor

"How to File a Discrimination Claim Discrimination is Against the Law!Federal and New York State laws protect people from discrimination by: Employers State agencies that provide services to you These laws make it illegal to discriminate against a person or a group of people, as a job applicant or as an employee.

It is also illegal to discriminate against people because they: Filed a discrimination complaint Participated in an investigation or lawsuit What is Discrimination?

Discrimination means to act based on a preference or prejudice. Under Federal & New York State laws, discrimination occurs when you are treated differently in a way that causes an adverse impact to you, based on your: race, gender, age, disability, religion, national origin, political, affiliation or belief, genetics, arrest and conviction record, marital status, genetic, predisposition and carrier status, veteran status, sexual orientation, or retaliation.

For Labor Department customers this also includes the following categories of discrimination: Citizenship or status to work legally in the US (lawfully admitted immigrant)Being part of any program that gets a certain ""financial assistance"" from the Federal government under the Workforce Investment Act (programs or services provided through our New York State Career Centers)For details, see the USDOL Civil Rights Center website.

For Example: You are not hired or promoted, due to one of the factors listed above You were denied or delayed services, due to one of these For details about the types of discrimination you may have encountered, see the US Equal Employment Opportunity Commission (EEOC) website.

You may file a discrimination complaint if you think: A program of this business, organization, or office has discriminated against you or against any specific group of people The type of discrimination you think happened is listed above Know Your Rights: ""Equal Opportunity is the Law""We offer the ""Equal Opportunity is the Law"" Poster in: English Spanish Albanian Arabic Bosnian Bengali French Haitian Creole Chinese Italian Korean Russian Polish Vietnamese For discrimination by your Employer If you got your job through a NYS Department of Labor (DOL) referral from a New York State Career Center: Contact the NYS DOL, Division of Equal Opportunity Development.

(See Contact Information)If you did not get your job through a NYS Department of Labor referral: Contact the following agencies: The New York State Division of Human Rights One Fordham Plaza 4th Floor Bronx, New York 10458 Phone: (718) 741-8400 TDD: 1-718-741-8300 Website: www.dhr.ny.gov US Equal Opportunity Commission 131 M Street NE Washington, D. C. 20507 Phone: 1-800-669-4000 TYY: 1-800-669-6820 Website: www.eeoc.gov For discrimination by the Labor Department If you have a complaint against a NYS Department of Labor program or a service provided by a New York State Career Center, you have two choices.

You may: File your complaint through the NYS Dept. of Labor, Division of Equal Opportunity Development, by completing the NYSDOL Complaint Information Form (DEOD 834), and mailing it to the address on the form. The form is available in the following languages: English Spanish Haitian-Creole Go directly to the US Department of Labor Civil Rights Center. You must file your complaint in writing. What Should Your Discrimination Complaint Contain? Your name, address and phone number

You must also explain what happened, and why you think discrimination took place Your signature and or your representative's signature and the date (month,day,year)Any other information that would help us understand your complaint Is there a time limit for filing a complaint?

Yes. You must file discrimination complaints within 180 days of the day on which the discrimination took place.

Do I have to file the complaint myself? You may file the complaint through a ""representative."" Your representative may be: A lawyer A family member A social worker A union steward Anyone else you choose to file the complaint for you If a representative files your complaint for you, it must include these three things: Your representative's name That your representative is filing the complaint for you Your signature and the date Do I need to use a special form to file the discrimination complaint?

You do not have to use a special form to start the process. We just need to make sure you send all of the information on the list above in the ""What should the complaint include?"" You may also contact the Division of Equal Opportunity Development who will assist you in obtaining a form Contact Information for NYSDOL, Division of Equal Opportunity Development Offices: The NYSDOL Contact Center will direct you to the appropriate office to file your complaint.

For assistance, you can contact: (518) 457-9000 (888) 4-NYS DOL (888-469-7365) (800) 662-1220 (TTY/TTD)People with Disabilities may contact NYSDOL DEOD offices through the NYS Relay services: NYC - dial 211All other parts of New York State - dial 711 "

What Is Workplace Harassment Under the Law? Harassment can be a form of employment discrimination under various federal, state and local laws. In order to be considered discrimination, the harassment must be based on some protected trait.

Common Examples of Workplace Harassment

"Common Examples of Workplace Harassment January 21st, 2016Contributor: Eric M. Baum, Esq. Tweet You may have the feeling you’re being harassed at work, but you’re not sure whether you have an actual legal claim.

There can be a difference between what one individual employee feels is harassment and what constitutes illegal harassment under federal, state and local laws.

Merely being bothered by a supervisor or co-worker, while unfortunate for an employee, does not necessarily mean you have a legal claim for harassment. Workplace harassment has a very specific definition under the law. We’ll discuss that definition and give some common examples of harassment in the workplace. If you have experienced what you believe to be harassment at your job, these examples can help you understand some of the types of harassment that lead to a legal claim.

If you’d like more guidance on your rights, contact Eisenberg & Baum. We have an experienced group of employment discrimination attorneys who are ready to help and advocate on your behalf.

Under federal law, those traits include race, color, national origin, gender, pregnancy, age, religion, disability, and genetic information. Many state and local governments have enacted similar anti-discrimination laws, like New York State’s Human Rights Law, which prohibits discrimination on grounds similar to those protected under federal law as well as sexual orientation, marital status, gender identity, arrest and conviction record, military status or service, observance of Sabbath, political activities, unemployment status, and status as a victim of domestic violence.

Illegal workplace harassment occurs when an employee suffers unwanted conduct based on a protected trait and either the employee had to endure the conduct in order to keep their job or the conduct was so severe and pervasive it created a hostile work environment.

Typically, isolated incidents of unwanted conduct and petty slights won’t be enough to rise to the level of harassment prohibited under anti-discrimination laws, though that’s not a hard and fast rule. Some conduct can be so severe on its own that even one incident can create a legal claim of workplace harassment. The examples we provide below tend to focus on the more common situation where an employee is subjected to continued unwelcome conduct over an extended period of time.

Examples of Workplace Harassment Harassment can come in many forms and from many sources. The harassing conduct can be verbal or physical and the harasser can be a co-worker, supervisor or even an non-employee like a customer or contractor. Verbal Harassment Possibly the most common behavior that comes to mind when you think of workplace harassment is verbal harassment. Verbal harassment can include jokes, innuendos, slurs, name-calling and insults, among other things.

A recent discrimination case settled between the federal Equal Employment Opportunity Commission (EEOC) and an Arizona-based aviation services company provides a good example of the type of verbal conduct that can create a workplace harassment claim.

In that case, an employee of the company claimed he was harassed based on his national origin (Turkish/Palestinian) and religion (Islam). The employee alleged that his supervisor made insulting remarks to him, including that he ""dressed like [he was] gonna blow up the World Trade Center,"" and made derogatory jokes about Arabs. Despite the fact that the employee reported this conduct to his employer, the employer did nothing to stop it and the employee eventually resigned.

The company eventually settled the case for $50,000. Physical Harassment Though physical harassment is less common than verbal harassment, it can often be more severe. Physical conduct, like hitting, pushing, groping and other touching, can be present in any number of harassment claims, but is often associated with sexual harassment.

For example, in a sexual harassment case filed by the EEOC against Red Lobster, several female employees alleged their manager created a hostile work environment by, among other conduct, physically harassing them. The conduct included the manager pressing himself against the employees as well as grabbing and groping them.

Again, the employees complained to their employer, but no action was taken. After the EEOC filed suit on the employees’ behalf, Red Lobster agreed to pay $160,000 in damages and make other changes at its restaurant to avoid similar incidents in the future.

Supervisor Harassment Harassment can be most intimidating when it comes from a supervisor. Supervisors can use their position of authority to subject employees to discriminatory conduct, leaving the employee feeling trapped and vulnerable. In another sexual harassment case, brought by a female employee of UBS Financial Services, a manager and UBS Vice President allegedly harassed the employee over a period of several years with repeated inappropriate sexual comments, remarks about her body, explicit emails and phone calls to the employee’s home.

The employee complained to her employer, but instead of getting relief from the harassment, she was ultimately fired. The employee filed a lawsuit against UBS and received an award of $8.4 million. Co-Worker Harassment While co-workers may not have the same level of authority over an employee, they can also create an intimidating work environment for employees that is just as unlawful as harassing conduct of a supervisor.

A case brought by the EEOC against a North Carolina trucking company in 2011 exemplified the type of hostile work environment case that can be created by the discriminatory actions of co-workers. The EEOC brought the case on behalf of two African-American employees, alleging their employer had allowed a racially hostile work environment to exist.

According to the EEOC, that environment was created, in large part, by co-workers who made derogatory and threatening comments to the employees, used racial slurs and even displayed a noose in the workplace. The jury in that case agreed that the employees had been harassed based on their race and awarded them a total of $200,000 in damages.

Are You Being Harassed at Work? The examples of unlawful workplace harassment don’t end with what we’ve listed above. In some cases, there is a mixture of unwelcome conduct (both verbal and physical) and harassers (supervisors, co-workers and others) that ultimately creates a discriminatory environment for an employee.

Each case of workplace harassment is unique and whether it rises to a level of illegal discrimination is based on the specific facts of the case. If you’d like to discuss the facts of your own employment harassment claim with an experienced attorney, please contact us.

We can discuss the merits of your case and advise you on your next steps. We offer free initial consultations for sexual harassment claims and bill on a contingent fee basis, so you won’t have to pay us unless we win your case. Categories: Employment Discrimination Blog Tags: Gender Discrimination, Sexual Harassment "

Sacramento Attorneys Explain Workplace Discrimination Workers have the right to be free from a hostile work environment. Unfortunately, workplace discrimination can occur in numerous ways. The attorneys at Mastagni Holstedt, A Professional Corporation can help you take legal action if you experience workplace discrimination.

Sacramento Attorneys Explain Workplace Discrimination

What is workplace discrimination? The lawyers at our firm are well-versed in employment law, which includes federal employment law and wage and hour laws. In each of these areas of law, workplace discrimination can form the basis for legal violations. For example, an employer who fails to pay a particular class, such as women, for overtime work or who offers different employment contracts to younger, rather than older, employees may be subject to a discrimination lawsuit.

Discrimination must be substantial and, in many cases, a continuous practice to rise to the level of creating a hostile work environment for the employee.

Protected classes that apply to discrimination are defined by age, sex, race, color, national origin, sexual orientation, disability or religious group. For example, an employer demotes or terminates Hispanic workers and only hires workers who are not Hispanic as replacements.

These workers belong to a protected class, based on ethnicity. Another example of discrimination is employment policies that penalize a particular group, such as women, for taking pregnancy leaves. Sexual harassment is also a form of discrimination, and may involve unwanted sexual advances, demands for sexual favors or derogatory communications based on gender.

When the work environment becomes hostile and abusive treatment is based on any of these types of discrimination, grounds usually exist to bring a claim.

Workplace discrimination in all areas of employment Workplace discrimination can arise in any phase of work and manifest in the following ways: Advertising that prohibits protected classes from applying for jobs Recruitment interviews that weed out certain protected classes Unequal salaries for employees with equal qualifications, jobs and work performances Disparate treatment for disability leaves, retirement benefits or maternity leaves Unequal treatment when providing promotions or laying off workers Discriminatory treatment through job training or other company benefits Prohibiting certain employees belonging to a protected class from using company facilities Contact experienced employment lawyers Our legal experience at Mastagni Holstedt, A Professional Corporation is extensive, spanning decades.

We effectively deal with workplace discrimination issues, whether sexual harassment, unequal pay, wrongful termination or other discrimination issues. Find out how our Sacramento law firm can help. Contact us online or call 1-877-212-6907 for a free consultation.

Definition of Discrimination in the Workplace Noun The discrimination in favor of or against an employee based on a group, category, or class to which the individual belongs, rather than on individual merit.

Discrimination in the Workplace

Discrimination in the Workplace Discrimination in the workplace takes place when an employer discriminates against an employee in relation to work-related decisions, including such issues as hiring, firing, promotions, and availability of benefits.

There are federal and state laws in place to protect employees from discrimination in the workplace. To explore this concept, consider the following discrimination in the workplace definition.

What is Discrimination in the Workplace According to federal and state laws, it is illegal for an employer to treat a person unequally based on his or her race, gender, ethnicity, age, religion, or disability.

Title VII of the Civil Rights Act of 1964 mandates that no person employed by, or seeking employment with, a company that has 15 or more employees can be discriminated against based on any of these factors. While federal law prohibits discrimination in the workplace, most states have enacted their own laws regarding workplace discrimination.

Discrimination in the workplace covers any work related issues, and it is important for employers to take care that the company handbook, policies, and practices are uniform, regardless of employee race, gender, ethnicity, age, religion, or disability. Even a policy that applies to all employees, regardless of these factors may be illegal if it creates a negative impact on the employees.

For example, if an employer has a hair style policy that applies to all employees, it may be unlawful if the policy is not job related, and impacts a certain race due to a predisposition of natural hair types. Gender Discrimination Gender discrimination, also referred to as “sex-based discrimination,” or “sexual discrimination,” involves the unfavorable treatment of a person based on his or her gender. Gender discrimination also refers to individuals with gender identity issues, or transgender status. Sexual discrimination laws make it illegal to base hiring, firing, job assignments, promotions, fringe benefits, and more on an individual’s gender.

For example: Quick Numbers accounting firm gives employees an annual raise. After Jennifer has been passed over for a raise three years in a row, she discovers that the company consistently gives raises to all male employees, and only to male employees. This constitutions gender discrimination, as the female employees are not afforded the same benefits as the men.

Bona Fide Occupational Qualification Although Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against employees for a variety of issues, it also recognizes the need of some employers to hire employees with certain qualities.

For instance, hiring employees based on attributes such as sex, national origin, or religion when such attribute is a necessary qualification of the job, is considered “permissible discrimination.”In addition, educational or other institutions that are owned, controlled, or managed by a particular religion, are allowed to hire for key positions based on the applicant’s religious affiliation.

Even in this context, the position being filled must have a legitimate requirement of religious affiliation.

For instance, a private Catholic school may legally insist on employing a member of the Catholic church for the position of President, dean, or chaplain, but considering only Catholic applicants for positions such as janitor, school cook, or secretary would likely be seen as discrimination. Age Discrimination Age discrimination occurs when an employer treats an applicant or employee less favorably based on his or her age.

Age discrimination is most commonly seen with older employees and applicants, as some employers attempt to force certain employees into retirement to cut their bottom line, or refuse to hire applicants over a certain age. The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees over the age of 40, though some states have enacted laws making it illegal to discriminate against workers based on age.

It is also unlawful for an employee to be harassed based on age. For example: Roger has been employed at Capital Manufacturing for 28 years, and has steadily risen through the ranks to his current position as a senior line supervisor. Although Roger started working at the company for minimum wage, raises through the years ensure he has a very comfortable salary now. The company is going through some financial difficulties, and the board of directors decides that it would be a good idea to let some of the most senior employees go, as their salaries are a large drain on the payroll.

For this purpose, Capital Manufacturing institutes a mandatory retirement age of 65, which will leave 67-year old Roger out in the cold. This is considered age discrimination. Setting a policy of mandatory retirement at a specified age is considered age discrimination in the U. S., and is illegal, as is asking an employee to retire because of his or her age.

There are, however, certain occupations which require high levels of physical fitness, emotional skill, or mental sharpness, which may necessitate retiring employees when they reach an age at which they cannot keep up with the demands of the job.

These occupations include airline pilots, air traffic controllers, law enforcement officers, and firefighters. Racial Discrimination Racial discrimination refers an employer’s unfavorable treatment of a person because of his race, or any characteristics associated with a specific race, such as skin color, or hair texture.

Racial discrimination also covers the poor treatment of a person based on his or her marriage to someone of a certain race, or association with a certain racial group. Racial discrimination may be perpetrated by an employer toward an employee or applicant of the same race, or against an employee or applicant of a different race.

Racial discrimination in the workplace may also include harassment of any employee based on his or her race. This includes making, or allowing others to make, racial slurs or derogatory remarks, or allowing the display of any racially-offensive symbols.

For example: A law firm has a single open position for a lawyer specializing in financial cases, to which they intend to promote an existing employee. One of the candidates is a white man with a bachelor’s degree in accounting, who has advised the firm on such cases for four years. The other candidate is an African-American employee who has a master’s degree in accounting, and a law degree. The firm promotes the white male candidate, altering the position to allow a junior attorney to work together with him.

This leaves the other applicant believing that he was not offered the promotion based on his race, rather than on a lack of qualifications for the job. Religious Discrimination Religious discrimination involves poor treatment of an employee or applicant based on his or her religious beliefs or affiliation. Anti-discrimination laws protect people who belong to traditional, organized religions, as well as people who have sincere ethical or moral beliefs, without claiming a specific religious affiliation.

Laws against religious discrimination also prohibit unfavorable treatment of an employee based on his or her marriage to someone associated with a particular religion, as well as workplace harassment based on religious beliefs.

Additionally, the law forbids job segregation based on religious beliefs, preferences, or affiliation. For example, it is illegal for an employer to assign an employee to a position that does not involve customer contact due to his religious affiliation.

Anti-discrimination laws also require employers to make a reasonable accommodation for an employee’s religious practices, unless it would cause a burden to the operation of the business.

For instance, an employer may be required to work around an employee’s need to attend to certain religious ceremony during the work day, by allowing him to take a regularly scheduled break at a different time that originally scheduled. Employers are not, however, required to alter the way they do business, or make allowances in ways that would cause undue hardship on the business. Employers are not required to make accommodations which:are too costlycompromise workplace safetyinfringe on the rights of other employeesrequire other employees to do more than their share of burdensome or hazardous workdecrease workplace efficiency No employer may force any employee to participate in a religious activity or observance as a condition of employment.

For example: Rhonda’s new employer, during her orientation, explained that all of the employees meet in the large breakroom before the start of the workday, for group prayer. The next day, when Rhonda tried to thank her supervisor for the opportunity, and said she would prefer not to participate, she was told that the pre-workday group prayer is required of all employees.

While an employer does not have to alter its own practice of a religious custom, requiring an employee to participate is considered religious discrimination. Dealing with Discrimination in the Workplace If an employee is dealing with discrimination in the workplace, he should carefully document all instance of the discrimination or harassment.

This may be done by writing down the date, time, and details of each discriminatory act, as well as by keeping copies of voicemails, emails, text messages, as well as any physical evidence, which prove the discrimination.

Such documentation, as well as a list of other people who may have witnessed the acts, may be important to an investigation. The employee should report workplace discrimination, in writing, to his employer right away, keeping a copy of the notice.

This ensures that, even if the problem has to be reported to a higher authority, the employer cannot claim ignorance of the situation. While the state in which the victim is employed may have an agency assigned to investigate discrimination in the workplace, the victim can always contact the U. S. Equal Employment Opportunity Commission (“EEOC”).

The EEOC oversees compliance with anti-discrimination laws. Many state employment agencies are able to provide information to both employers and employees, and guide them in reporting workplace discrimination. Legal Consequences of Discrimination in the Workplace Workplace discrimination affects everyone involved, both employer and employee. Legal consequences of discrimination in the workplace often takes the form of penalties and fines imposed by governmental agencies tasked with monitoring and preventing such discrimination.

In addition to fines that may be quite large, depending on the circumstances, an employer may be subject to civil lawsuits filed by wronged employees. Such lawsuits necessitate obtaining counsel, which is not inexpensive, and if the employer loses the lawsuit, it will likely be ordered to pay the victim employee’s legal fees as well.

Damages in a civil lawsuit for workplace discrimination are generally financial in nature, and may include compensatory damages, back pay to the employee, and punitive damages.

Such an employer may also be ordered to reinstate a wrongfully terminated employee. An employer may face more than legal consequences of discrimination in the workplace, as accusations of discrimination that make it into the public spotlight often lower public opinion of the employer. This often results in decreased sales or patronage. Examples of Discrimination in the Workplace The EEOC, as well as state anti-discrimination agencies, are busy every day answering claims of discrimination in the workplace.

The agencies frequently conduct investigations into such allegations, and when appropriate, file civil lawsuits against employers found to be engaging in discriminatory acts. The following are real-life examples of discrimination in the workplace. Employer Allowing Age Discrimination and ADA Violations In 2014, the U. S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Wal-Mart Stores of Texas, LLC, claiming that the store had discriminated against the manager of their Keller, Texas store, and ultimately discharged him because of his age.

According to the lawsuit, the victim, David Moorman, was subjected to frequent taunts made by his direct supervisor, who called him an “old man,” and an “old food guy.” The suit also claimed that Walmart had refused to make a reasonable accommodation for Moorman to manage his diabetes, which is discrimination based on disability. Walmart’s conduct had violated both employment discrimination laws, and laws under the Americans with Disabilities Act (“ADA”).

Ultimately, Walmart settled the case, paying Moorman $150,000 in damages, and agreed to provide training to their employees on the ADA and the ADEA requirements.

Ali Aboubaker Successfully Sues County over Workplace Discrimination In 2008, Ali Aboubaker, an American citizen who is a practicing Muslim, with four advanced degrees, was fired from his job of 17 years, ostensibly because he refused to start work five minutes before the start of his scheduled shift. Aboubaker filed a lawsuit against his employer, Washtenaw County, claiming he was harassed, discriminated against, and taunted at work based on his religion, and his appearance.

Aboubaker, a native of Tunisia, is an African-American and U. S. citizen. He claimed that the majority of derogatory remarks made to him were about his long beard, which is worn as a symbol of his faith, and that his employer failed to take any action to stop the behavior.

During trial, the County tried to prove that Aboubaker was fired because he had a history of insubordination and poor work performance. Aboubaker’s employer also said that at most, Aboubaker’s complaints have pointed “only to stray, isolated comments and utterances.” The jury believed Aboubaker’s accounts, and ruled in favor of him, awarding him $1.2 million in damages at the end of his two-week trial.

Related Legal Terms and Issues Civil Law – The body of law dealing with private matters between individuals and corporations and other entities. Disability – A person who has a physical or mental impairment that substantially limits one or more major life activity.

Damages – A monetary award in compensation for a financial loss, loss of or damage to personal or real property, or an injury. Plaintiff – A person who brings a legal action against another person or entity, such as in a civil lawsuit, or criminal proceedings. Trial – A formal presentation of evidence before a judge and jury for the purpose of determining guilt or innocence in a criminal case, or to make a determination in a civil matter.

on Age discrimination in the workplace is the practice of letting a person's age unfairly become a factor when deciding who receives a new job, promotion, or other job benefits. Decisions about terminating employees also cannot be solely based on their age.

What is Age Discrimination in the Workplace? - Definition, Cases & Examples

Your next lesson will play in 10 seconds Add to Timeline Autoplay 16K views Create an account to start this course today Try it free for 5 days!Create An Account Recommended Lessons and Courses for You Related Lessons Related Courses History of Age Discrimination Religious Discrimination in the Workplace: Definition, Effects & Examples What is Disability Discrimination?

- Definition, Laws & Examples What is Racial Discrimination in the Workplace? - Examples, Statistics & Cases Lesson Transcript Instructor: Paul Mckinney Paul has been in higher education for 17 years. He has a master's degree and is earning his Ph D in Community College Leadership. Age discrimination in the workplace happens when a person's age is unfairly used as a factor in his or her employment. The Age Discrimination in Employment Act of 1967 was enacted to protect older workers from this type of discrimination. Definiti

Age discrimination commonly affects older workers who feel they have been discriminated against in favor of younger workers, but there have also been cases involving younger workers being displaced by older workers. Age Discrimination in Employment Act of 1967The Age Discrimination in Employment Act (ADEA) of 1967 makes it unlawful for organizations with 20 or more employees to base employment decisions, like pay, benefits, and promotions, on a person's age.

Employers should focus on employee skills and talent. The ADEA covers employees of 40 or more years of age. Note that it does not protect young workers from age discrimination. Landmark Case of Age Discrimination The 1985 case, Western Air Lines v. Criswell, was a landmark case concerning age discrimination.

It revolved around a maximum age limit as a bona fide occupational qualification (BFOQ) for flight engineers. A BFOQ can override the ADEA's regulation on age discrimination. Western Air Lines required flight engineers to retire at age 60 to ensure public safety. The Supreme Court determined that an employer cannot set maximum age without solid proof that public safety would be substantially affected by allowing an individual above a certain age to work.

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s. Title VII of the Civil Rights Act of 1964: Protects people from being discriminated against based upon their race, color, religion, sex, and their nationality. Age Discrimination in Employment Act of 1967: Protects people who are age 40 or older from being discriminated against based on age.

What Is Discrimination? - Definition & Examples

Your next lesson will play in 10 seconds Add to Timeline Autoplay 57K views Create an account to start this course today Try it free for 5 days!Create An Account Recommended Lessons and Courses for You Related Lessons Related Courses What is Disability Discrimination? - Definition, Laws & Examples What is Age Discrimination in the Workplace? - Definition, Cases & Examples Racial Discrimination: Definition & Examples What is Discrimination at the Workplace?

- Forms, Policies & Practices Lesson Transcript Instructor: Yolanda Williams Yolanda has taught college Psychology and Ethics, and has a doctorate of philosophy in counselor education and supervision. Discrimination is the act of treating someone differently or unjustly based upon some characteristic.

Learn about legal and illegal discrimination, federal laws that protect us from being discriminated against, and more. Definition In its most literal sense, discrimination is the act of making a distinction between one thing and other. We discriminate between things on a daily basis. For example, in order for you to get dressed you have to discriminate among your pants so that you could find the correct pair to put on.

You also have to be able to make a distinction between the socks in your drawers so that you could find a matching pair. In the legal sense, discrimination means something different. Discrimination is the unequal or unfair treatment of a person based upon some personal characteristic. It is important to note that not all forms of discrimination are illegal. There are several federal laws that prohibit discrimination in the workplace, including: Equal Pay Act of 1963: Requires that men and women receive equal pay for doing the same or similar job

Civil Service Reform Act of 1978: Protects people from being discriminated against based on their marital status. The Pregnancy Discrimination Act of 1978: Protects women who are pregnant from being discriminated against.

The Immigration Reform and Control Act of 1986: Protects people from being discriminated against based on their citizenship or national origin. Americans with Disabilities Act of 1990: Protects people with disabilities from being discriminated against based upon their disability (or their perceived disability). The Genetic Information Nondiscrimination Act of 2008: Protects people from being discriminated against based upon the differences in their DNA that make it more likely that they will get a certain disease.

Executive Order 13087: Protects people in the federal civilian workforce (i.e., civilian employees who work for the military) from being discriminated against based upon their sexual orientation.

Title VIII of the Civil Rights Act of 1968, also known as the Fair Housing Act, protects people from being discriminated against in the rental or sale of a home based upon race, national origin, religious beliefs, gender, color, familial status, or disability. Title IX of Education Amendments of 1972 protects people from being discriminated against based on their sex in education programs and all activities that receive federal funding.

This includes: Colleges and universities Housing Health care services Museums Government benefits and services To unlock this lesson you must be a Study.com Member. Create your account Register for a free trial Are you a student or a teacher? I am a student I am a teacher

However, laws are not the only solution to eliminate discrimination. The first step to advocate for the protected class group is to encourage organizations to develop workplace programs that reduce discrimination and racism. In some cases, discrimination and racism result from lack of knowledge in different population groups.

Advocacy Plan for Social Change

Advocacy Plan for Social Change Topics: Discrimination, Employment, Egalitarianism Pages: 2 (600 words) Published: January 8, 2013Advocacy Plan for Social Change Advocacy Plan for Social Change Protected class group are individuals protected from harassment and discrimination.

Discrimination in occupation and employment takes different forms. Under state and federal legislation, unlawful discrimination may take place when an individual or group of people is ‘treated’ in a different way due to particular attributes such as sex, color and race, which leads to impairment of equality of treatment and opportunity.

Discrimination in the place of work may occur when selecting and recruiting staff and considering dismissal, retrenchment, promotion, or transfer. The reason to advocate for this group is that human dignity and human development hinge on ‘freedom’ from discrimination at the place of work.

Eliminating discrimination is important as society, individuals, and enterprises stand to gain. It is invaluable if a person is able to choose his/her professional paths, be rewarded based on his/her merit as well as develop his/her skills and talent. Discrimination leads to disadvantages and imbalances in the labor market. Justice and fairness at the place of work boosts motivation, self-esteem, and morale of employees. A more loyal and productive labor force combined with practical human resources management leads to more competitive and productive enterprises. Promoting equality and enacting laws outlawing discrimination is crucial for social change (Kundu, 2001).

Creating a recruitment strategy that supports diversity in the place of work is an effective approach to improve attitudes about workers who have different cultures. In addition,... Continue Reading Please join Study Mode to read the full document

Discrimination in the Workplace""Discrimination"" means unequal treatment. Title VII of The Civil Rights Act of 1964 says that no person employed or seeking employment by a business with more than 15 employees may be discriminated against due to his or her race, color, religion, sex, or national origin.

Discrimination in the Workplace

While there are federal laws concerning discrimination, most states have enacted laws that prohibit it. These laws may have different remedies than the federal laws and may, in certain circumstances be more favorable than the federal laws. There are four major types of employment discrimination, and other types can usually be dealt with in regard to one of them. They are:racesexagedisability Discrimination by Race From Title VII of The Civil Rights Act, it is unlawful to discriminate against any employee or applicant for employment because of his/her race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.

Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related.

Equal employment opportunity cannot be denied because of marriage to or associations with an individual of a different race; membership in or association with ethnic based organizations or groups, or attendance or participation in schools or places of worship generally associated with certain minority groups. Title VII also deals with harrassment on the basis of race and/or color. Harrassment includes the use of ethnic slurs, racial ""jokes"", offensive or derogatory comments, or other verbal or physical conduct.

Title VII is also violated where minority employees are segregated by physically isolating them from other employees or from customer contacts. An example of race discrimination is Adams vs. City of Chicago, 94 CV 5727, which involves the 1994 sergeants' promotional test prepared for the Chicago Police Department. The plaintiffs were African-American and Hispanic Chicago police officers who contend that the test has a disparate impact and is an unlawful employment practice.

They contend that proportionally less minorities were offered promotions, constituting discrimination. The officers are now awaiting an appeal in the Supreme Court of an earlier decision for the City of Chicago.

Sexual Discrimination Sex discrimination cases may be brought under the two different theories of disparate treatment and disparate impact. A disparate treatment case involves an organization's policy which treats similarly situated employees differently, based on their gender or sexual orientation.

In a disparate impact case, an individual must show that the organization's policy, has a disproportionate adverse impact on persons of one's own gender or sexual orientation.

The Bona Fide Occupational Qualification (BFOQ) contained in Title VII allows an organization to hire and employ individuals on the basis of their qualifications reasonably necessary to the normal operation of that particular business or enterprise. Examples are men attendants in a men's lavatory, and women attendants in a women's lavatory. National Public Radio, NPR, has had trouble with discrimination since the 1980s, when White House reporter Mara Liasson threatened to file a sex-discrimination case against NPR but eventually settled out of court. A 1988 pay-equity study showed that women, even such NPR bright lights as Nina Totenberg and Cokie Roberts, were consistently paid less than men.

In 1995 Katie Davis, then a contract reporter for Morning Edition and the temporary host of Weekend All Things Considered, filed a $1.2 million suit charging that the network failed to promote her to a permanent position and paid her less than men in comparable jobs.

That suit was settled too, for an undisclosed amount. Discrimination by Reason of Age The Age Discrimination in Employment Act of 1967 (also known as the ""ADEA"") provides that no person shall be discriminated against because of his or her age.

If an employer terminates an individual who is older than 40 years of age and there appears to be no valid reason for the termination other than the employee's age, the former employee may have a valid complaint against the employer for age discrimination under this law.

The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Discrimination by Reason of Disability The American Disabilities Act of 1990 (also known as the ""ADA"") is intended to remove the barriers preventing qualified individuals with disabilities from enjoying the employment, transportation, communication, and cultural opportunities available to persons without disabilities. The ADA makes it unlawful for an employer with 15 or more employees to discriminate in all employment practices such as recruitment, hiring, promotion, training, lay-off, pay, firing, job assignments, leave, and/or benefits because of an employee's disability.

The ADA defines a disability as: A physical or mental impairment that substantially limits one or more of your major life activities; and There is a record of such impairment; or You are regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

Reasonable accommodation may include, but is not limited to: Making existing facilities used by employees readily accessible to and usable by persons with disabilities. Job restructuring, modifying work schedules, reassignment to a vacant position;Acquiring or modifying equipment or devices, adjusting modifying examinations, training materials, or policies, and providing qualifies readers or interpreters.

An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an ""undue hardship"" on the operation of the employer's business.

Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids. Produced as part of a class assignment in CS 3604, Department of Computer Science, Group 5: Ryan Wetherill, Brian Jaeger, Scott Mayberry, Steve Thompson, Fall 1997. Edited and modified by J. A. N. Lee, April 1998. "

ent The U. S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws and provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies. More About Discrimination: How to File an Employment Discrimination Claim | Age Discrimination in the Workplace

What Is the Equal Employment Opportunity Commission (EEOC)?

Job Searching Career Advice What Is the Equal Employment Opportunity Commission (EEOC)? Share Flip Pin Share Email•••By Alison Doyle Updated October 09, 2017The Equal Employment Opportunity Commission (EEOC) is a federal agency charged with enforcing laws prohibiting job discrimination. The EEOC investigates charges of discrimination and attempts to settle them when discrimination is found.

If charges can’t be settled, the EEOC may file a lawsuit on behalf of the individual or the general public. (However, the agency notes, “We do not, however, file lawsuits in all cases where we find discrimination.”)In addition to investigating complaints and dealing with charges of discrimination, the EEOC conducts outreach programs to prevent future cases of discrimination.

The EEOC is headquartered in Washington, D. C., and has 53 field offices throughout the United States. Equal Employment Opportunity Commission (EEOC)Legislation covered by the EEOC include laws that prohibit discrimination, provide for equal pay, and mandate equal access to employment for qualified individuals with disabilities.

These laws include: Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin. Federal contractors and subcontractors must take affirmative action to ensure equal access to employment without considering race, color, religion, sex, or national origin. Employers are prohibited from discrimination in any phase of employment including hiring, recruiting, pay, termination, and promotions.

Title VII applies to employers with 15 or more employees, as well as colleges and universities (both public and private), employment agencies, and labor organizations such as unions.

The Civil Rights Act of 1964 also created the Equal Employment Opportunity Commission. The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. Employers are prohibited from offering a lower wage to women (or men) if another man (or woman) is doing the same work at a higher wage.

Labor organizations or their agents are also prohibited from influencing employers to offer different levels of pay to male and female employees. The EPA is part of the Fair Labor Standards Act of 1938, which it amends to prohibit wage discrimination based on sex. The Lilly Ledbetter Fair Pay Act of 2009, which codified into law the EEOC’s stance that each inequitable paycheck is a separate incident of wage discrimination.

In practice, the Act extended the statute of limitations for filing lawsuits in cases of pay discrimination based on sex, race, national origin, age, religion, and disability. The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older.

The ADEA applies to organizations with 20 or more workers, including governmental entities, labor organizations, and employment agencies. Employers are allowed to give preference to older workers over younger ones (even if those younger workers are age 40 or older). Further, the ADEA does not protect workers younger than age 40 from employment discrimination based on age.

So, if you work in an age-obsessed industry, are less than 40 years old, but think you’re being discriminated against based on age, the ADEA’s protections wouldn’t apply to your case. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.

Title I covers employers with 15 or more employees from discriminating against people with disabilities in job application procedures, hiring, firing, compensation, job training, and other employment conditions. Title I also applies to labor organizations and employment agencies. Title V contains various provisions related to Title I and other Titles of the ADA.

For example, Title V specifies that the ADA doesn’t override other federal, state, or local laws that provide equal or greater protection than the Act.

It also specifies that people who engage in illegal drug use are not covered by the ADA. Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government, as well laying out specifications about legal remedies and attorneys’ fees. The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination. It also amends several EEOC statutes, allowing for example jury trials and potential damages in Title VII and ADA lawsuits involving intentional discrimination. EEOC Oversight and Enforcem

First and foremost, a lawsuit based on your state discrimination claim must be filed within six years of the date you believe you were discriminated against, except for age discrimination claims, which must be filed within 180 days of the date you believe you were discriminated against (in most circumstances).

How Long Do I Have To Sue My Employer? I Need A Discrimination Lawyer!

How Long Do I Have To Sue My Employer? I Need A Discrimination Lawyer!Best Employment Discrimination Attorney Answers: How long do I have to file a discrimination lawsuit against my former employer? Are there different time limits for my wrongful termination claims state court versus federal court?

Are the time limitations the same for all discrimination claims? There are a lot of reasons to procrastinate when thinking about bringing an employment discrimination or suing your employer from wrongful termination. Maybe, you want to spend your time focusing on getting a new job. It could be that you are busy with other things in life.

Or, maybe, you just are not ready to emotionally deal with your boss’s sexual harassment. However, employment discrimination claims, just like milk, come with an expiration date. And, just like spoiled milk, if you wait too long to bring the claim, it will make you sick to your stomach when you realize that there is no longer anything that you can do to hold your boss, manager or supervisor accountable for their unlawful discriminatory practices.

With that in mind, here is a quick and informative refresher from our employment discrimination lawyers on some of the basic information you should know prior to thinking about pursuing a discrimination lawsuit against a current or former employer. Oftentimes, the first and most critical thing to remember is how long you have to pursue your lawsuit, because if you wait too long, you will not get a second chance.

A discrimination claim can be filed either with a state administrative agency, the Ohio Civil Rights Commission (OCRC) or a federal administrative agency, the Equal Employment Opportunity Commission (EEOC).

You don’t have to file a claim with both agencies because usually the claim will automatically be “cross-filed” between the two agencies if applicable. Filing with one of these agencies is not necessarily required and may not be beneficial to your claim.

It is best to consult with an attorney before doing either. As our employment attorneys previously blogged statistics demonstrate that not only is the EEOC an incredible slow process and difficult to navigate on your own after filing, but the EEOC only pursues less than one out of every thousand charges that are filed .

Importantly, filing with the OCRC is not required to pursue a state-law discrimination claim directly in state or federal court.

However, the exception is age discrimination cases. Filing an age discrimination claim with the OCRC will prevent you from pursuing an Ohio age discrimination claim in court. In some cases, filing with the EEOC in Ohio will also prevent you from pursuing those age discrimination as well.

This is because Ohio’s age discrimination laws have an “election of remedies” provision that requires you to choose between an administrative (OCRC) claim or a private lawsuit. If you file a discrimination claim with the OCRC or EEOC, there are strict time limits in which charges of employment discrimination must be filed.

In order for the OCRC to act on your behalf, you must file with the OCRC (or cross-file with the EEOC) within 180 days of the date you believe you were discriminated against. To preserve your claim under federal law, you must file with the EEOC (or cross-file with the state agency) within 300 days of the date you believe you were discriminated against.

Either way, you should first consult with an attorney because if you have other claims with shorter time-limits it will impact whether you want to file your claims sooner or later.

If you file your OCRC or EEOC charge (s), there are a few important things to remember. The EEOC must first issue what is called a “Dismissal and Notice of Rights” or “Notice of Right to Sue” before you can file a private lawsuit based upon your federal claim. A lawsuit based on your federal discrimination claim must be filed in federal or state court within 90 days of the date you receive the notice. If you wait past that date, your federal discrimination claims will be waived. State discrimination laws and lawsuits in state court work differently.

These deadlines are called the “statute of limitations.”Do you have a question about discrimination in the workplace? If you are searching “I need a lawyer because I have been wrongfully fired or terminated ;” or “I have been discriminated against based on my …” race, national origin, gender, age, religion or disability; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at (216) 291-4744.

The Spitz Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes. Disclaimer: This employment law website is an advertisement. The materials available at the top of this page and at this employment law website are for informational purposes only and not for the purpose of providing legal advice.

If you are still asking, “How do I …”, “What should I do …,” “My boss discriminated against me because …” or “I was fired for …”, it would be best for to contact an Ohio attorney to obtain advice with respect to any particular employment law issue or problem.

Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.

Tags: Attorney, my job, my boss, I was fired, Ohio, Cleveland, Cincinnati, Columbus, Toledo, Lawyer, I am a woman, I am black, I am Hispanic, I am Muslim, I am being discriminated against, sexually harassing me, sexual harassment, employer, employee, Brian Spitz, best, top, discrimination, discriminated, race, national origin, gender, disability, religious, religion, age, discrimination, racist, sexist How long do I have to file a race discrimination claim? My boss is discriminating against me because of I’m Black. My manager is sexually harassing me and HR wont do anything.

I was fired today and want to sue for wrongful termination. My supervisors discriminates against Hispanic employees. Who are the best employment discrimination attorneys in Ohio? Call attorney Brian Spitz and the top lawyers to get a free consultation about your race, gender, national origin or age discrimination claims. Previous Post Next Post

The ADEA and other state and federal laws prohibit age discrimination at the workplace. Sexual Orientation Discrimination: Your Rights Many state and local laws protect gay and lesbian workers from discrimination in the workplace.

Your Rights Against Workplace Discrimination & Harassment

Your Rights Against Workplace Discrimination & Harassment Need Professional Help? Talk to a Tax attorney. Please answer a few questions to help us match you with attorneys in your area. What is the type of tax owed? Federal State Local Learn how to recognize common types of discrimination, retaliation, and harassment -- and what to do if you become a victim.

State Laws Prohibiting Discrimination Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware D. C. Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Discrimination Based on Genetic Information Genetic Information and Workplace Discrimination FAQFederal law prohibits employers from requesting, or making decisions based on, an employee’s genetic information.

Can I be fired because I'm overweight? Our new policy is that all employees must be within “normal” limits when it comes to body mass index (BMI).

How can I get my manager to stop gossiping about my medical condition? Managers are legally bound to keep genetic information confidential. Discrimination Based on Race and Ethnicitymore What Is Race Discrimination? Learn about race discrimination in the workplace.

Language and Accent Discrimination in the Workplace English-only rules and job decisions based on an employee's accent may not be legal. Sex Discrimination and Sexual Harassmentmore Fighting Sexual Harassment Learn how to protect yourself from sexual harassment at the workplace. Sex Discrimination in the Workplace Employees have the right to work free from gender-based discrimination.

Disability Discriminationmore Getting Hired With a Disability Learn how the ADA protects job applicants with disabilities against discrimination during the hiring process. Your Right to a Reasonable Accommodation Under the Americans with Disabilities Act (ADA)The ADA gives employees with disabilities the right to reasonable accommodations that will allow them to do their jobs.

Other Types of Discriminationmore Your Rights Against Religious Discrimination Employers may not discriminate based on religion and must reasonably accommodate an employee's religious beliefs. Your Rights Against Age Discrimination

Asserting Your Rights Against Discriminationmore Workplace Retaliation: What Are Your Rights? Learn about workplace retaliation -- and what to do if it happens to you.

Suing for Harassment or Discrimination Before you can file a harassment or discrimination lawsuit against your employer, you have to bring your complaint to a state or federal agency.

Related Products MORECreate Your Own Employee Handbook The Employer's Legal Handbook The Essential Guide to Workplace Investigations The Job Description Handbook More About This Topic Asserting Your Rights Against Discrimination Disability Discrimination Discrimination Based on Race and National Origin Other Types of Discrimination Sex Discrimination and Sexual Harassment More Legal Topics California Employment Law Collecting Unemployment Benefits Discipline & Terminations Employee Benefits & Health and Safety in the Workplace Getting Hired Labor Unions Your Rights Under Wage & Hour Laws Your Right to Privacy in the Workplace Your Right to Time Off Work Related Ads

For more information about filing a discrimination or harassment claim in Oklahoma, see our page on filing a discrimination complaint: Oklahoma Discrimination/Harassment - State Agency Oklahoma Human Rights Commission (OHRC)

Protect Your Rights Oklahoma Government Agencies

Choose Language:printdecrease text size increase text size text Home Protect Your Rights State Agencies Oklahoma Government Agencies Protect Your Rights Oklahoma Government Agencies1. Discrimination/Harassment2. Safety & Health (workplace health & safety complaints and information)3. Unemployment Insurance4. Wage & Hour Labor Standards Violations5. Workers' Compesation (job related illness or injuries1. Discrimination/Harassment

Oklahoma City Office Jim Thorpe Building, Room 480 2101 North Lincoln Boulevard Oklahoma City, OK 73105 Phone: (405) 521-2360 Fax: (405) 522-3635 TDD: (405) 522-3993 Tulsa Field Office State Office Building, Room 302 440 South Houston Tulsa, OK 74127 Phone: (918) 581-2733 Fax: (918) 581-2940Web Address: http://www.ok.gov/ohrc/Agency Description/Mission: The Oklahoma Human Rights Commission receives, processes, and investigates complaints of discrimination in the areas of employment, housing, and public accommodation.

The OHRC processes employment discrimination complaints on the classification basis of race, color, religion, sex, national origin, age, or handicap.

The objective of the Oklahoma Human Rights Commission in the area of employment discrimination is to ensure equal opportunity for all persons by prohibiting discrimination that would deprive, limit, or otherwise adversely affect an individual's status as an applicant or employee.

Discrimination/Harassment - Local Offices of Federal Agency (EEOC)Equal Employment Opportunity Commission (EEOC) Oklahoma Area Office 215 Dean A Mc Gee Avenue Suite 524 Oklahoma City, Oklahoma 73102 Phone: 1-800-669-4000 Fax:405-231-4140 TTY: 1-800-669-6820For more information about this agency, see the EEOC section of our page on federal agencies2. Safety & Health (workplace health & safety complaints and information)Occupational Safety & Health Administration (OSHA) Oklahoma City Area Office 55 North Robinson - Suite 315 Oklahoma City, OK 73102-9237 Phone: (405) 278-9560 Fax: (405) 278-9572 For more information about this agency, see the OSHA section of our page on federal agencies3.

Unemployment Insurance Oklahoma Employment Security Commission PO Box 52003 Oklahoma City, OK 73152 Phone: (405) 557-0200 TDD: (405) 557-7531 Web Address: https://www.ok.gov/oesc_web/Services/Unemployment_Insurance/index.html UI Claimant FAQs File Your Claim for Unemployment4. Wage and Hour/Labor Standards Violations Wage and Hour/Labor Standards - State Agency Oklahoma Department of Labor Wage & Hour Division Oklahoma City Office 4001 N. Lincoln Blvd.

Oklahoma City, OK 73105 Phone: (405) 528-1500 Toll-Free: (888) 269-5353 Fax: (405) 528-5751Tulsa Office 440 S. Houston, Suite 300 Tulsa, OK 74127 Phone: (918) 581-2400 Fax: (918) 581-2431 E-Mail: labor.info@oklaosf.state.ok.us Web Address: https://www.ok.gov/odol/Agency Description/Mission: The Wage & Hour Division serves as an advocate for Oklahoma's workforce.

Employers are required to comply with all federal and state laws regarding compensation. This Division investigates the validity of wage claims and vigorously pursues payment on behalf of employees when warranted.

Labor Department's Wage & Hour Frequently Asked Questions Wage Claim Form Wage and Hour/Labor Standards - Local Offices of Federal Agency (DOL)U. S. Department of Labor (DOL)ESA Wage & Hour Division Little Rock Arkansas District Office TCBY Building, Suite 725 425 West Capitol Avenue Little Rock, AR 72201 Phone: (501) 324-5292 Fax: (501) 324-5129Oklahoma Department of Labor 3017 North Stiles, Suite 100 Oklahoma City, Oklahoma 73105 Phone: (405) 521-6100 Toll Free: (888) 269-5353 Fax: (405) 521-6018 Email: labor.info@labor.ok.gov For more information about this agency, see the U. S. Department of Labor section of our page on federal agencies5. Workers' Compensation (for job-related injuries or illness)Oklahoma Workers Compensation Court 1915 North Stiles Avenue Oklahoma City, OK 73105-4904 Phone: (405) 522-8600 Toll-Free: (800) 522-8210 E-Mail: webmaster@owcc.state.ok.us Web Address: http://www.owcc.state.ok.us Agency Description/Mission: The Oklahoma Workers' Compensation Court applies the law as set out in the Oklahoma Workers' Compensation Act. Its responsibility is to provide fair and timely procedures for the resolution of disputes and identification of issues involving on-the-job injuries.

The NLRB does not handle complaints or inquiries about certain forms of employment discrimination such as race, sex, issues regarding workplace safety, entitlement to overtime pay, or family and medical leave. Federal and state laws and agencies regulate those forms of employment discrimination.

Labor Laws and Issues

"Labor Laws and Issues Learn about some important employment laws and issues. What's on This Page Discrimination and Harassment at Your Job Employment Background Checks Family and Medical Leave Act (FMLA) Labor Unions Minimum Wage, Overtime, and Misclassification Unsafe Workplace Complaints and Conditions Workers' Compensation Wrongful Discharge/Termination of Employment Youth Labor Laws Discrimination and Harassment at Your Job The U. S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination.

These laws protect you against many types of employment discrimination including: Unfair treatment because of your race, color, religion, sex (including gender identity, transgender status, and sexual orientation), pregnancy, national origin, age (40 or older), disability or genetic information Discrimination or harassment by managers, co-workers, or others in your workplace because of your race, color, religion, sex (including gender identity, transgender status, and sexual orientation), pregnancy, national origin, age (40 or older), disability or genetic information Denial of a reasonable workplace accommodation that you need because of your religious beliefs or disability Retaliation because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit Some of the most important laws dealing with employment discrimination include: The Americans with Disabilities Act (ADA) preventing discrimination against workers with disabilities and mandating reasonable accommodation The Age Discrimination in Employment Act of 1967 (ADEA), preventing discrimination based on age Title VII of the Civil Rights Act of 1964 (Title VII), preventing discrimination based on race, color, religion, sex, and gender identity including transgender status, sexual orientation or national origin Learn more about harassment and discrimination protections for LGBTQ workers.

These protections apply regardless of any contrary state or local laws. Find out more about protections for workers against harassment and discrimination because of national origin.

Equal Pay/Compensation Discrimination The Equal Pay Act (EPA) requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job title) determines whether jobs are substantially equal.

All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.

If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay. Title VII, the ADEA, and the ADA prohibit compensation discrimination on the basis of race, color, religion, sex, sexual orientation or transgender status, national origin, age, or disability.

An individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or, in the case of a willful violation, within three years.

The filing of an EEOC charge under the EPA does not extend the time frame for going to court. Someone who has an Equal Pay Act claim may also have a claim under Title VII.

Harassment Harassment is a form of employment discrimination consisting of unwelcome or offensive conduct toward a worker that is based on that worker’s race, color, religion, sex, national origin, age, pregnancy, disability, or genetic (personal or family medical history) information. Harassment becomes illegal when enduring the offensive conduct becomes a condition of continued employment.

The harassment is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

Offensive, harassing conduct may include, but is not limited to: Offensive jokes, slurs, epithets, or name calling Physical assaults, threats, or intimidation Verbal or written ridicule, mockery, insults, or put-downs Display or use of offensive objects or pictures Malicious interference with work performance Sexual Harassment Sexual harassment is illegal and may include: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature Harassment that is so frequent or severe that it creates a hostile or offensive work environment Harassment that results in an adverse employment decision (such as the victim being fired or demoted)Points to remember: Both the victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

The victim does not have to be the person harassed but can be anyone affected by the offensive conduct. Unlawful harassment may occur without economic injury to, or discharge of, the victim. If you believe that the harassment you are experiencing or witnessing is of a specifically sexual nature, you may want to see EEOC's information on sexual harassment.

Filing a Complaint An employer must have a certain number of employees to be covered by EEOC laws. This number varies depending on the type of employer (for example, whether the employer is a private company, a state or local government agency, a federal agency, an employment agency, or a labor union) and the kind of discrimination alleged (for example, discrimination based on a person's race, color, religion, sex (including gender identity, and sexual orientation), pregnancy, national origin, age (40 or older), disability, or genetic information).

Learn more about your coverage and protections. If you are being harassed or discriminated against, you can file a charge with the Equal Employment Opportunity Commission (EEOC). A complaint can be filed within 180 days from the time of the event; this time limit could be extended in some situations.

Call 1-800-669-4000 to file a complaint with your local EEOC office. Use this map to find the EEOC office that handles federal complaints in your state or territory. Contact your state Labor Office to learn more about filing a complaint in your state. Learn how to file discrimination or harassment complaints against programs and activities receiving federal financial assistance and employers holding federal contracts or subcontracts.

Contact your local Fair Employment Practices Agency. Native Americans can contact their Tribal Employment Rights Office . Federal employees and job applicants have a different complaint process. Equal Employment Opportunity (EEO) laws prohibit retaliation including punishing job applicants or employees for asserting their rights to be free from employment discrimination and/or harassment.

Asserting these EEO rights is called ""protected activity,"" and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for: Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit Communicating with a supervisor or manager about employment discrimination, including harassment Answering questions during an employer investigation of alleged harassment Refusing to follow orders that would result in discrimination Resisting sexual advances, or intervening to protect others Requesting accommodation of a disability or for a religious practice Asking managers or co-workers about salary information to uncover potentially discriminatory wages Participating in a complaint process is protected from retaliation under all circumstances.

Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it. Back to Top Employment Background Checks Local, state, or federal government agencies and private employers may perform background checks when they hire an employee.

The FBI has contact information for the state agencies that conduct background checks . Request a Copy of a Federal Background Check or an Identification Record The FBI website has information on how to request a federal background check or an identification record request. Following the information on how to request a federal background check, you'll find information on how to challenge inaccurate or incomplete information that appears on your record.

Arrest Records If you are looking for information on arrest records, contact the appropriate law enforcement agency.

Back to Top Family and Medical Leave Act (FMLA)The Family and Medical Leave Act (FMLA) is a federal labor law that allows an eligible employee to take an extended leave of absence from work due to: Illness Caring for a qualifying sick family member The birth or adoption of a child Military caregiving or other emergencies related to a family member's active duty service This unpaid leave is guaranteed by law and is available to workers at companies with 50 or more employees.

FMLA fact sheets can help you understand your rights and coverage. Questions or Reporting a Violation of the FMLAIf you have unanswered questions about the FMLA or you believe someone has violated your rights under FMLA, contact the Department of Labor’s Wage and Hour Division for assistance.

Employer Information Employers with FMLA eligible employees have specific rights and responsibilities under the law. Learn how different types of employers may be covered by the FMLA. If you are an employer with concerns about false FMLA leave, contact the Wage and Hour Division with any questions about FMLA compliance and seek the advice of your company's legal and human resources departments.

Back to Top Labor Unions A labor union or trade union is an organization of workers which bargains with employers on behalf of union members and negotiates labor contracts. Elected union leaders negotiate specific items of employment including: Pay and benefits Complaint procedures Hiring and firing guidelines Help with unfair labor practices Agreements union leaders negotiate are binding on the union members, the employer, and in some cases, on other non-union workers.

Labor unions can be found in the private sector, federal agencies or at a state or local government place of employment. Private Sector (Non-Government) Employees The National Labor Relations Board (NLRB) is an independent federal agency which has oversight to protect the rights of most private-sector (non-government) employees to organize and to determine whether to have unions as their bargaining representative.

If you and your co-workers want to start a union or join or end your representation in an existing one, file a petition form. Your petition must show the support of at least 30 percent of your fellow employees. If you have a complaint about a union, contact your nearest NLRB regional office.

The NLRB does not handle complaints or inquiries about certain forms of employment discrimination such as race, sex, issues regarding workplace safety, entitlement to overtime pay, or family and medical leave. Federal and state laws and agencies regulate those forms of employment discrimination.

Visit the related agencies section of the NLRB website to see which agency can help with your specific complaint. Federal and State Government Employees If you are a federal employee and have a question or complaint about federal unions, contact the Federal Labor Relations Authority (FLRA) , an independent federal agency responsible for the labor-management relations program.

It establishes policies and resolves disputes for most federal employees and their managers. If you and your fellow employees want to be represented by a union, contact an FLRA regional office to see if one already exists at your agency. If one does not exist and you are interested in representation, file a petition form with your closest FLRA regional office. If you are a state or local government employee and have a question about unions, contact the information officer of the NLRB regional office closest to your job.

Back to Top Minimum Wage, Overtime, and Misclassification The U. S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws, including: Minimum wage Overtime Misclassification Minimum Wage The federal minimum wage is the minimum hourly pay for many workers. Tipped employees may have a different wage. The minimum wage is currently $7.25 per hour for covered nonexempt employees, effective July 24, 2009.

Learn more about the minimum wage in the Fair Labor Standards Act (FLSA). Many states and cities also have minimum wage laws. Where federal and state laws have different minimum wage rates, the higher wage applies. Find your state's minimum wage information and minimum wage information by state for tipped employees . Contact your State Labor Office with questions about minimum wage. Overtime Pay An employer may require or permit a worker to work overtime.

The Fair Labor Standards Act requires that workers who clock more than 40 hours per week receive overtime pay with few exceptions. Learn more about overtime pay. Download fact sheets and see e-tools for overtime pay guidance. Visit the Fair Labor Standards Act Advisor for exemption classifications and state legal tools.

Misclassification Misclassification is when an employer declares that a worker is an independent contractor instead of an employee, even if that worker should be classified as an employee under the law. This can affect a worker’s pay, protections, and benefits as well as cause tax problems for both businesses and workers.

See a fact sheet ( PDF, Download Adobe Reader) about misclassification. Learn common myths about misclassification. If you’ve been misclassified, select your state on this map for more information or file a complaint with the Department of Labor. Labor laws vary by state. Contact the state government for information about specific laws where you work.

Learn more about each state’s labor laws from the Department of Labor. Find your state labor office. If you're a business owner, see the easy-to-use state labor law guides from the Small Business Administration.

Back to Top Unsafe Workplace Complaints and Conditions Several different federal government agencies handle questions or complaints about workplace issues, depending on the nature of the issue: Mining: Contact the Mine Safety and Health Administration (MSHA) at 1-800-746-1553 or file online to report mine safety or health hazards.

Interstate Trucking: For complaints about safety issues on the road, such as being forced to drive in unsafe conditions, fill out the online complaint form or call 1-888-DOT-SAFT ( 1-888-368-7238 ).

If you have a complaint about safety issues occurring inside a trucking building or facility, there are a variety of ways for workers to file a complaint with the Occupational Safety & Health Administration (OSHA).

Aviation: Contact the Federal Aviation Administration (FAA) or use the online complaint form. Most Other Industries: File a complaint with the Occupational Safety & Health Administration (OSHA). Please note: OSHA may refer you to a state agency. Workers’ Rights As an employed worker, you’re entitled to certain rights in the workplace - especially ones that keep you safe.

These include the right to: Be trained in a language that you understand Be provided with the necessary safety equipment Report injury or illness Voice your concern over unsafe working conditions without fear of retaliation In order to improve safety in the workplace, the Occupational Safety & Health Administration (OSHA) updated its existing rules regarding how employers must report injury or illness in the workplace. As of January 1, 2017, certain employers are required to electronically submit injury or illness data.

Doing this allows OSHA to improve enforcement of workplace safety requirements and provide valuable information online for workers, job seekers, customers, and the general public. The new rule also prohibits employers from discouraging their workers from reporting an injury or illness. Back to Top Workers' Compensation Workers' compensation laws protect the rights of employees and employers when a worker is injured on the job.

These laws: Ensure that employees who are injured or disabled on the job receive fixed payments. Provide benefits for dependents of workers who died due to work-related accidents or illnesses. Protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by removing the co-workers' liability in most accidents.

Private Sector and State/Local Government Employees Individuals injured on the job while employed by private companies or state and local government agencies should contact their state workers' compensation program for eligibility, assistance, and filing procedures for workers' compensation benefits. Federal Employees, Longshoremen, Harbor Workers, and Coal Miners If you are a federal employee, longshoreman, harbor worker, or coal miner, contact the appropriate Office of Workers' Compensation Programs (OWCP) that applies to you.

OWCP representatives can help you with claim procedures. Workers' Compensation Appeals The appeals process for workers' compensation varies from state to state. If you received a denial of benefits and you wish to file an appeal, contact your state workers' compensation office for information on how to file.

You may also wish to contact a licensed attorney. Back to Top Wrongful Discharge/Termination of Employment If you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state's wrongful discharge laws.

Wrongful termination or wrongful discharge laws vary from state to state. Some states are ""employment-at-will"" states, which means that if there is no employment contract (or collective bargaining agreement), an employer can let an employee go for any reason, or no reason, with or without notice, as long as the discharge does not violate a law.

If you feel you have been wrongfully discharged or terminated from employment, you may: Contact your State Labor Office for more information on wrongful termination laws in your state. Seek legal counsel if your employer terminated you for any reason not covered under state or federal law.

You may also be eligible for unemployment compensation and extension of your healthcare benefits. Employers If you are an employer seeking information about legal termination of employees, you may wish to contact both the Equal Employment Opportunity Commission (EEOC) and your State Labor Office to ensure you do not violate any federal or state labor laws.

You may wish to consult with a licensed attorney. Back to Top Youth Labor Laws Types of Work, Hours, and Pay If you are under 18 and want to get a job it is important to know what rights and restrictions you have as a worker.

Youth labor laws are designed to protect you from unsafe and inappropriate work experiences and to make sure that your job doesn’t interfere with your schooling.

These laws establish: What types of work you’re allowed to do When you’re allowed to work How many hours per week you’re allowed to work How much you should be paid The Department of Labor’s Youth Rules website helps you: Know the Rules: Select your age and learn what work you’re allowed to do and when you’re allowed to work.

Find Support: Learn about other agencies that can help you and learn how to file a complaint. It also helps employers, parents and educators stay informed. Youth Rules also has a Law Library, which includes both federal and state laws. The rules for young employees are different depending on your age and the state you live in.

When federal and state rules are different, the rules that provide the most protection apply. Safety and Health Employers must follow all Occupational Safety & Health Administration (OSHA) standards to keep you from being injured at work.

In addition to following the federal and state rules on youth labor, employers must: Provide a hazard-free workplace Provide training on potential workplace hazards Provide you with resources to answer your questions on safety or health in the workplace Tell you what to do if you get hurt on the job OSHA provides resources for young workers, including information on how to protect yourself in restaurant, agricultural, construction, and landscaping jobs.

You can find statistics and other details on job-related hazards and injuries at the National Institute for Occupational Safety and Health Young Worker site. Equal Employment Opportunities Youth@Work, a division of the Equal Employment Opportunity Commission (EEOC), will help you: Learn your rights as a young worker Identify workplace discrimination Learn what laws are enforced by the EEOCFile a complaint if you suspect workplace discrimination Share This Page: Back to Top Do you need help?

Ask us any question about the U. S. government for free. We'll get you the answer or tell you where to find it. Call USA.gov Chat with USA.gov Email USA.gov What you think matters!Was this page helpful? Yes No Next Form Approved OMB#3090-0297 Exp. Date 07/31/2019Last Updated: January 02, 2018 "

Criminal harassment should not be confused with how ""harassment"" is often used in contexts such as workplace discrimination lawsuits. Federal and state laws ban discrimination against certain types of people in certain situations, such as at work or in housing decisions.

Harassment

"Harassment""Harassment"" refers to a broad number of behaviors that are subject to both criminal punishment and civil liability.

On the criminal side, states have a wide variety of criminal laws forbidding harassment in many forms, including general harassment crimes as well as specific forms of harassment, such as stalking and cyberstalking. Criminal Harassment versus Civil Harassment

In these non-criminal contexts, the victim can sue the harasser in a private civil lawsuit, alleging that the harassment constitutes discrimination. On the other hand, criminal harassment is usually confined to state law. States vary in how they define criminal harassment. Generally, criminal harassment entails intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them.

Not all petty annoyances constitute harassment. Instead, most state laws require that the behavior cause a credible threat to the person's safety or their family's safety. Though state harassment laws vary, they often take different levels and methods of harassment into account. Separate penal statutes or a general harassment statute may list various ways to communicate harassment, including telephone calls, emails, and other forms of communication.

Whether there was any legitimate reason for the communication becomes a factor under many states' harassment laws. Harassment charges can range from misdemeanor to high level felony charges. In many states, people charged with harassment will receive a higher level charge if they have previously been convicted of harassment, of communicating a threat, or of a domestic violence offense.

Harassment by someone in violation of a restraining order may also draw a higher level charge. Some states elevate the charge if the harassment targeted someone based on race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation.

Stalking and Menacing In some states, ""stalking"" is specified as a separate offense from harassment.

Other states include both harassment and stalking under a single general statute. Stalking generally refers to a clear pattern of conduct through which the perpetrator causes the victim reasonable fear for their safety or their family's safety. Interstate stalking is a federal crime. Some states punish stalking as a form of "" menacing ."" Menacing can often include ongoing actions, such as stalking someone, which cause reasonable fear in the victim.

Menacing also often includes single acts which are purposefully intended to create a reasonable fear in someone, such as brandishing a weapon. Whether and how states draw lines between harassment, menacing and stalking varies greatly. For more specifics, see state stalking laws. Cyberstalking Some states have enacted specific laws against stalking someone online. ""Cyberstalking"" generally refers to stalking someone through the internet, email, text messages, or other means of electronic communication.

Many states have revised their harassment and/or stalking laws to explicitly include harassing electronic communications. Some states also punish actions akin to cyberstalking under laws aimed at improper uses of computers or electronic communications networks.

Federal law makes it a crime to ""transmit in interstate commerce"" (which includes the internet) a communication containing a threat to kidnap or physically harm someone.

Harassment and Restraining Orders While prosecutors can charge someone with criminal harassment, victims of abuse or harassment may also petition the court for an order of protection or restraining order to prohibit someone from engaging in harassing behaviors. Orders against harassment and restraining orders frequently come into play in situations involving domestic violence. Such orders come from civil courts, but violation of these court orders may constitute a separate criminal offense and/or contempt of the civil court.

Violating a protective order may also increase the severity of a harassment, stalking or menacing charge. Conclusion Harassment refers to a wide variety of behavior which can violate both civil and criminal laws. What constitutes criminal harassment varies by state, but it generally entails targeting someone else with behavior meant to alarm, annoy, torment or terrorize, and creating reasonable fear in the victim for their safety or the safety of their family.

Talk to a Criminal Defense Lawyer About Your Harassment Charges On occasion, people may allege criminal harassment as a way to get back at someone else. If you're on the receiving end of allegations of criminal harassment, a criminal defense lawyer can help you navigate the court system and ensure that your rights are protected. Thankfully, there are experienced criminal defense lawyers in your area who can craft a defense and give you some peace of mind. "

s It is the policy of the Federal Government to treat all of its employees with dignity and respect and to provide a workplace that is free from discrimination whether that discrimination is based on race, color, religion, sex (including gender identity or pregnancy), national origin, disability, political affiliation, marital status, membership in an emp

Diversity & Inclusion Reference Materials

Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace Policy and Purpose

loyee organization, age, sexual orientation, or other non-merit factors. Agencies should review their anti-discrimination policies to ensure that they afford a non-discriminatory working environment to employees irrespective of their gender identity or perceived gender non-conformity.

The purpose of this memorandum is to provide guidance to address some of the common questions that agencies have raised with the U. S. Office of Personnel Management (OPM) regarding the employment of transgender individuals in the Federal workplace. Some of these questions pertain to areas for which OPM has responsibility and others pertain to areas over which other agencies have responsibility.

Because the guidance is of necessity general in nature, managers, supervisors, and employees should consult with their human resources offices and their counsel as to individual situations. They are also free to consult with OPM more generally. Core Concepts Gender identity is the individual's internal sense of being male or female or an identity other than the traditional definitions of male or female.

The way an individual expresses his or her gender identity is frequently called “gender expression,” and may or may not conform to social stereotypes associated with a particular gender.

Gender identity, which is an individual’s internal sense of being male, female or something else, is distinct from sexual orientation, which describes to whom a person is romantically attracted. Most people have a fixed identity as male or female; those who do not may describe themselves as “non-binary” or “gender queer.”Transgender: Transgender individuals are people with a gender identity that is different from the sex assigned to them at birth.

Someone who was assigned the male sex at birth but who identifies as female is a transgender woman. Likewise, a person assigned the female sex at birth but who identifies as male is a transgender man.

A person who has a gender identity other than the traditional definitions of male or female may simply self-identify as transgender. Moreover, some individuals who would fit this definition of transgender do not identify themselves as such, and identify simply as men and women, consistent with their gender identity.

The guidance discussed in this memorandum applies whether or not a particular individual explicitly self-identifies as transgender. Gender Non-conforming: A broad term used to refer to individuals whose gender expression is different from social expectations related to gender. Transition: Some individuals will find it necessary to transition from living and working as one gender to another. Social role transition – that is, living full-time in the gender role that is consistent with an individual’s gender identity – is an important, and often the most important, aspect of a person’s gender transition.

Transgender individuals may also seek some form of medical treatment such as counseling, hormone therapy, electrolysis, and surgical interventions as part of their transition. These treatments may be deemed medically necessary for many individuals, based on determinations of their medical providers.

Some individuals, however, will not pursue some (or any) forms of medical treatment because of their age, medical condition, lack of funds, or other personal circumstances, or because they may not feel the treatment is necessary for their well-being.

Managers and supervisors should be aware that not all transgender individuals will follow the same pattern, and that decisions about which steps are necessary as part of an individual’s transition are highly personal ones made by the individual in consultation with appropriate health professionals. Whatever form a specific individual’s transition takes, all employees should be treated with dignity and respect.

Moreover, the medical aspects of an individual’s transition will often be less apparent, and in most cases are less important from a personnel management perspective, than an individual’s social transition at the workplace. As used below, the term “transition” refers primarily to an individual’s social transition, as this is the point at which an employee will usually bring these issues to the attention of the employee’s employer.

Transition While Employed There are several issues that commonly generate questions from managers and employees who are working with a transitioning employee.

In order to assist you in ensuring that transitioning employees are treated with dignity and respect, we offer the following guidance on those issues. Confidentiality and Privacy: An employee's transition should be treated with as much sensitivity and confidentiality as any other employee's private or highly personal life experiences. Employees in transition often want as little publicity about their transition as possible. They may be concerned about safety and employment issues if other people or employers become aware that he or she has transitioned.

Moreover, medical information received about individual employees is protected under the Privacy Act (5 U. S. C. 552a). Employing agencies and their managers and supervisors should be sensitive to these specific concerns and advise employees to respect the privacy and dignity of transgender employees. Other employees should be provided information about the employee's transition only if they have a need to know the information in the performance of their duties, in accordance with the Privacy Act, 552a (b) (1).

Personal information about the employee should not be released to anyone without a need to know unless the employee has provided prior written consent to having the information disclosed. Questions regarding the employee should be referred directly to the employee, consistent with the employee’s wishes.

It should be noted, however, that questions regarding a coworker’s medical process, body, and sexuality are generally inappropriate. If it would be helpful and appropriate, employing agencies may have a trainer or presenter meet with employees to answer general questions regarding gender identity.

Issues that may arise should be discussed confidentially as soon as possible between the employee and the employee’s manager (s) and supervisor (s). Dress and Appearance: Agencies are encouraged to evaluate, and consider eliminating, where appropriate, gender-specific dress and appearance rules.

Once an employee has informed management that he or she is transitioning, consistent with the employee’s wishes, agency dress codes should be applied to employees transitioning to a different gender in the same way that they are applied to other employees of that gender.

Dress codes should not be used to prevent a transgender employee from living full-time in the role consistent with the individual’s gender identity, nor should they be used to prevent an employee from maintaining a gender-neutral appearance.

Names and Pronouns: For everyday interactions and usage, managers, supervisors, and coworkers should use the name and pronouns appropriate to the gender identity of the employee, as expressed by the employee. Further, managers, supervisors, and coworkers should take care to use the requested name and pronouns in communications with the employee and with others regarding the employee. The requested name and pronouns to be used in the workplace are established by the employee with no additional documentation (such as legal name change or medical information) required.

Repeated, intentional refusal to use the employee's requested name and pronouns, and/or repeated reference to the employee's former gender by managers, supervisors, or coworkers is contrary to the goal of treating all employees with dignity and respect.

Such intentional conduct also may be inconsistent with the employee's decision to keep certain aspects of the employee’s gender identity private. It should be noted that in some circumstances, such intentional conduct could be viewed as creating an unwelcoming work environment.

Sanitary and Related Facilities: The Department of Labor's Occupational Safety and Health Administration (DOL/OSHA) guidelines (external link) require agencies to make access to adequate sanitary facilities as free as possible for all employees in order to avoid serious health consequences.

For a transitioning employee, this means that, once the employee has begun working in the gender that reflects the employee’s gender identity, agencies should allow access to restrooms and (if provided to other employees) locker room facilities consistent with the employee’s gender identity.

Transitioning employees should not be required to have undergone or to provide proof of any particular medical procedure (including gender reassignment surgery) in order to have access to facilities designated for use by a particular gender. Under no circumstances may an agency require an employee to use facilities that are unsanitary, potentially unsafe for the employee, located at an unreasonable distance from the employee's work station, or that are inconsistent with the employee’s gender identity. Agencies are encouraged to provide unisex, single-user restrooms when feasible to maximize comfort and access for everyone, including individuals with disabilities and those with young children; however transgender employees should not be limited to using these facilities.

Because every workplace is configured differently, agencies with questions regarding employee access to any facilities within an agency may contact GSA for further guidance. Workplace assignments and duties: In some workplaces, specific assignments or duties are appropriately differentiated by gender.

For a transitioning employee, once he or she has begun working full-time in the gender that reflects his or her gender identity, agencies should treat the employee as that gender for purposes of all job assignments and duties.

Transitioning employees should not be required to have undergone or to provide proof of any particular medical procedure (including proof of surgery) in order to be eligible for gender-specific assignments or duties. An agency generally may not require an employee to accept a gender-specific assignment or duty contrary to the gender under which the employee otherwise works, or limit gender-specific assignments or duties for an employee once the employee’s Official Personnel Folder (OPF) has been reconstructed to reflect the new gender.

Recordkeeping: Consistent with the Privacy Act, the records in the employee's Official Personnel Folder (OPF) and other employee records (pay accounts, training records, benefits documents, and so on) should be changed to show the employee's new name and gender, once the employee has begun working full-time in the gender role consistent with the employee's gender identity and has submitted a request, including the requisite documentation, to update the employee’s OPF.

See 5 U. S. C. 552a (d). Instructions for how to reconstruct an employee's OPF to account for a gender change are set forth in The Guide to Personnel Recordkeeping, Chapter 4: How to Reconstruct a Personnel Folder. (PDF file) [100.18 KB]An employee’s name is typically updated in the OPF after the employee receives a legal name change.

However, for a variety of reasons an employee may not be able or may choose not to obtain a legal name change at the same time the employee changes the name for everyday interactions.

For this reason, even if the OPF has not been updated, agencies are encouraged to adopt procedures that allow employees to use the name of daily usage or first initial in or on email accounts, employee directories, business cards, name tags, and similar items not posing legal or security implications, without requiring a name change order.

Sick and medical leave: Employees receiving treatment as part of their transition may use sick leave under applicable regulations. Employees who are qualified under the Family Medical Leave Act also may be entitled to take medical leave for transition-related needs of themselves and their families.

Hiring process: During the hiring process, hiring managers and supervisors should be sensitive to the possibility that applicants have transitioned or are in the process of transitioning.

The name and gender on the application may correspond with the person's current usage; however, background or suitability checks may disclose a previous name that indicates a gender different from the one the applicant is currently presenting. In such cases, if hiring managers are uncertain how an individual identifies, it is appropriate to respectfully ask the person how the person identifies so that the hiring manager can use the proper gender pronouns during the hiring process.

Insurance Benefits: Employees in transition who already have Federal insurance benefits must be allowed to continue their participation, and new employees must be allowed to elect participation, based on their updated names and genders.

If the employees in transition are validly married at the time of the transition, the transition does not affect the validity of that marriage and coverage for eligible family members should be extended or continued even though the employee in transition has a new name and gender.

Further information about insurance coverage can be found in the FEHB plan brochures available on the insurance page of OPM’s website. Specific Questions: For further guidance on these issues, contact the Diversity Program Manager, Office of Diversity and Inclusion, Office of Personnel Management, 1900 E Street, NW, Washington, DC 20415, at (202) 606-0020.

? Do you suspect you lost your job because you’re older — and because you made more money than younger workers? Age discrimination is a common complaint. A recent survey for AARP reported 64 percent of respondents thought that people older than 50 face age discrimination in the workplace. Some 34 percent said they had either personally faced age discrimination in the last four years or they know someone who has.

Age discrimination tough to prove

"Are you feeling picked on because you are older than your co-workers

The impact of age discrimination is more than just financial. “Older workers who think they are discriminated against are always so angry and hurt. Their personal identity is tied up in their jobs,” says Howard Eglit, professor of law at Illinois Institute of Technology Chicago-Kent College of Law, and an expert on age discrimination issues.

More On Jobs And Career Change: You're never too old to land a new job Ageism: 'Suck it up and move on'Create a news alert for ""news""But feeling like a victim of age discrimination and being able to prove it are two very different things. Landmark ruling Proving age discrimination has never been easy, but in 2009, a U. S. Supreme Court ruling made it even more difficult.

In Gross v. FBL Financial Services, the court changed the rules. Supreme Court Justice Clarence Thomas wrote in the majority decision that the employer doesn’t have to show it would have taken action regardless of age, even when an employee has evidence that age was a motivating factor in that decision. In fact, going forward, workers have to prove that age was the primary factor for discrimination rather than just one factor. This standard for age discrimination is much harder to prove than the standards for race and gender discrimination, and many people think that it is unfair.

In March, Sens. Tom Harkin, Charles Grassley and Patrick Leahy introduced the Protecting Older Workers Against Discrimination Act, which would amend the Age Discrimination in Employment Act of 1967 to make it easier for workers to prove age discrimination and retaliation. But Civic Impulse, which tracks legislation and rates its likelihood of passage, assigns the bill a 1 percent chance of being enacted.

So where do you go from here if you think you’ve been a victim of age discrimination? Gather evidence The best proof catches the boss doing something clearly discriminatory.

For instance, as Eglit says, the boss sends out a “really stupid” memo that reads, “Don’t hire anyone over 40” or “We have to get rid of all these old guys and get new blood.”That’s the kind of proof you need to make the case a slam-dunk. But that kind of clear-cut substantiation doesn’t come around very often. Most of the time, you’ll have to accumulate less dramatic evidence.

In March, the Equal Employment Opportunity Commission, or EEOC, in attempting to clarify when layoffs were discriminatory, focused on the phrase “facially neutral.” Facially neutral means that an action might look neutral, but its impact isn’t.

For instance, an employer that puts into effect a reduction in force that eliminates highly paid employees may have adopted a discriminatory policy because most highly paid workers are older, so the policy is discriminatory despite being “facially neutral.”If you think you have been a victim of such a policy, attorney Edward Ellis, a shareholder and co-chair of the whistle-blowing and retaliation practice group in the Philadelphia law firm Littler Mendelson, says you have to prove it by identifying that most of the people who were laid off as a result of this policy or a similar one were older.

It will be tough to prove, he says, because layoffs based on “reasonable factors,” even though they hit older people hardest, have been upheld in previous court challenges. But the March decision by EEOC could put the ball in your court, he says. Document legally Gathering the evidence won’t be easy, either. Your company’s human resources department can’t give you a list of laid-off employees — even if someone there wanted to do so.

Turning over that information violates a whole host of laws, including one that protects privacy. If you do persuade your friend in HR to share documents, the court will throw out that evidence because you gathered it illegally.

Once you have the goods, file a charge of age discrimination with the EEOC. All age discrimination claims must start with an EEOC claim, which you don’t need an attorney to file.

The EEOC is understaffed and overwhelmed, so it can take a couple of years for the claim to work its way through the system, Eglit and others point out.

But ultimately, the EEOC will investigate your complaint and find either reasonable cause to believe that age discrimination has occurred or no cause and no basis for a claim.

More On Jobs And Career Change: You're never too old to land a new job Ageism: 'Suck it up and move on'Create a news alert for ""news""But Amy Lieberman, a Scottsdale, Ariz., attorney who specializes in mediating discrimination claims, says that a “no cause” finding isn’t the end of the story. “You get a right-to-sue letter in either case,” she says. Of course, if you get a severance package from your former employer, you can forget about filing any lawsuits. The EEOC says that if you signed a severance agreement “knowingly and voluntarily,” you have waived your right to sue.

Your education and the complexity of the statement play a deciding role, the EEOC explains. Get legal help If the EEOC offers a finding of reasonable cause, and you have gathered clear-cut evidence — the memo from the boss saying he’s firing everybody older than 40 — then you may not have much trouble finding an attorney who will take the case based on contingency.

That means he’ll litigate your claim in return for what usually amounts to half of your winnings. If you don’t win, he won’t get anything.

But attorneys don’t take these cases if they think they are going to be losers. “There are many cases out there where there isn’t enough money in the case for a lawyer to take it on,” Eglit says.

“Unless there is a big potential recovery, the lawyer won’t gamble.”If the EEOC doesn’t give you a finding of reasonable cause, or you have one but you still can’t find an attorney willing to take the case on contingency, and you still want to pursue the issue, you’ll have to pay an attorney upfront. And as Eglit points out, “Lawyers start at $200 per hour and go up to $2,000.” These are rates most people can’t afford, especially when they are unemployed.

Plus, waiting for your case to be heard in court can take years — and, as Lieberman says, “You may not have years to wait.”Consider mediation There is another option: mediation.

The EEOC offers mediation at no cost. Your former employer has to agree to participate, but Lieberman estimates that 50 percent of employers will accept the invitation to mediate because, if a case like this actually goes to trial, the cost to an employer to defend can be as high as $250,000. Mediation is much cheaper. You show up with your evidence; the employer presents his; and the mediator decides — all in a half-day or less.

The mediator may award you money, or the agreement may focus on something such as a positive letter of reference. In her book, “Mediation Success: Get It Out, Get It Over, Get Back to Business,” Lieberman advises people that one advantage of mediation is a hearing.

Your potential or former employer has to listen to your case and respond. “Mediation is a great way to restore people’s dignity,” she says. Related Links: What not to buy in October5 dollar-store deals7 tips for picking an all-inclusive resort Related Articles:7 worst air travel snafus Cellphone cramming charges October deals Recommended Recommendations by You may also like Equifax data breach victim?

The fight for your identity will last years7 ways to improve your credit score7 legal ways to make money with your body5 ways thieves steal credit card information I tried to freeze my credit. Here’s what happened Should you cancel an unused credit card? "

Costs are associated with litigation of employment discrimination claims. Attorney fees, investigative expenses and lost productivity as a result of time away from the workplace to provide witness testimony are examples of the tangible consequences of discrimination in the workplace.

What Are the Consequences of Discrimination on the Job?

"Related Articles1Consequences of Violating Employees Rights2The Ways Discrimination Negatively Affects Businesses3The Consequences of Age Discrimination at Work4The Importance of Employment Laws and Compliance with Intentions of the Laws When discrimination occurs in the workplace, there are consequences the company experiences and consequences suffered by the employees.

The aftermath can range from tangible to intangible and from moderate to monumental. Though it may occur infrequently, discrimination is unwelcome and detrimental but the reality is that discrimination does occur. Further, the reality of discrimination and its consequences are more clearly seen in their tangible form. Fines And Penalties Discrimination includes three types of tangible consequences: fines, litigation costs and bad publicity.rnrn Fines and penalties are imposed by federal or state agencies upon the investigation and discovery of discriminatory practices in the workplace.

The U. S. Equal Employment Opportunity Commission (EEOC), U. S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) and Wage and Hour Division (WHD) have congressional authority to impose fines and penalties, and endorse settlements on behalf of employees where there is evidence that discrimination has indeed occurred. EEOC enforces Title VII of the Civil Rights Act of 1964 and other laws that prohibit discrimination in employment.

The OFCCP enforces affirmative action requirements pursuant to Executive Order 11246; the WHD enforces laws contained in the Fair Labor Standards Act. In fiscal year 2008, WHD \""recovered more than $185 million in back wages for over 228,000 employees in fiscal year 2008 to put the eight-year cumulative total of back wages collected by the agency at over $1.4 billion.\""Litigation Expense

In addition, if it is determined that an employer has engaged in discriminatory practices, judges have been known to order the employer to pay all attorney fees, including the plaintiffâ?

?s attorney fees. In addition to the costs of litigation, there are the impressive sums of punitive damages, compensatory damages, back pay and restoration to full employment in many cases.

During the EEOC 2009 fiscal year alone, through the agency's \""... administrative enforcement activities, we also secured more than $294.2 million in monetary benefits.\""Lost Income And Revenue Another tangible--albeit, more difficult to measure--consequence of discrimination is publicity about settlements, fines and penalties assessed employers. There may be decreased sales and revenue as a result of media coverage. Socially responsible consumers may not want to support a business that has been found to engage in discriminatory employment practices.

The websites for these agencies always have the fines for companies posted. As of June 22, 2010, 16 settlements are listed on the EEOC Newsroom web page. The latest settlement announced is dated June 22, 2010, involving an oral surgery clinic in the upper Midwest, \""Siouxland Oral Maxillofacial Surgery Associates, LLP of Sioux Falls, S. D., has agreed to pay $95,000 in punitive damages and attorneysâ??

fees, in addition to $23,775 paid earlier this year for lost earnings and interest.\"" Many of these settlements and fines are not covered in local or national newspapers; however, the coverage they receive by being on the EEOC website is likely more expansive. References (4)Resources (4)About the Author Ruth Mayhew has been writing since the mid-1980s, and she has been an HR subject matter expert since 1995. Her work appears in ""The Multi-Generational Workforce in the Health Care Industry,"" and she has been cited in numerous publications, including journals and textbooks that focus on human resources management practices.

She holds a Master of Arts in sociology from the University of Missouri-Kansas City. Ruth resides in the nation's capital, Washington, D. C. Photo Creditsmoney money money image by Tribalstar from Fotolia.com Cite this Article "

Before Filing a Lawsuit: Do you Need to File a Government Claim? For certain types of discrimination and civil rights violation allegations, you MUST file a claim or complaint with a federal or state agency BEFORE you file any private lawsuit in court, and these agencies typically set strict time limits for claim filing.

Lawsuits for Civil Rights Violations and Discrimination

"Lawsuits for Civil Rights Violations and Discrimination If you believe you have been the victim of a civil rights violation, you most likely have the option of filing a lawsuit against those responsible for any harm suffered as a result.

Following are a few things to consider before filing a lawsuit for a civil rights violation -- including the requirement that you file a government claim before filing a lawsuit in some types of cases, the choice of where to file (federal or state court), and what to expect in a lawsuit.

For example, for allegations involving almost all types of employment discrimination, the charging party (i.e. an employee alleging discrimination) must file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing any private lawsuit, and must do so within 180 days of the alleged offense. Only after receiving permission from the EEOC may individuals file alawsuit. This permission typically comes in the form of a ""right to sue"" letter issued by the EEOC, usually only after the EEOC has found sufficient evidence that a civil rights violation has occurred.

State agencies may also investigate a complaint for civil rights violations or discrimination, and may work alongside (or in place of) a federal agency. For example, employees who allege job discrimination in California may file a complaint with the California Department of Fair Employment and Housing.

As part of its standard procedure, that state agency will usually send the complaint to the EEOC at the federal level, so that it becomes a ""dual filing. ""An experienced civil rights attorney will be able to tell you whether filing a government claim will be necessary in your case.

Lawsuits in Federal and State Court Once you decide to file a lawsuit for a civil rights violation, one of your first considerations will be where to file: in federal or state court. Depending on the specifics of your case, the choice may be yours, or your options may be dictated by a statute.

For example, a federal statute (42U. S. C. section 1981a) specifically permits a private lawsuit for money damages for any employee who has been the victim of intentional discrimination in employment. So, if you believe you have a claim for intentional discrimination in employment, file a lawsuit in federal court. But, depending on where you live, your state may have a similar law, allowing you to choose where to file your lawsuit (in state or federal court).

What to Expect in a Lawsuit A lawsuit for a civil rights violation will be filed and handled in civil court (federal or state civil court, as discussed above). In a civil case, the person claiming a civil rights violation (the ""plaintiff"") files a ""complaint"" with the court.

The complaint sets out certain facts and allegations, in an attempt to show that the opposing party (the ""defendant (s)"") is/are responsible for the civil rights violations alleged in the complaint, and for any harm suffered by the plaintiff as a result.

Ultimately, if the civil rights case goes to trial, the plaintiff must prove by a ""preponderance of the evidence"" (that it is more likely than not) that the defendant is legally responsible for the damages alleged by the plaintiff.

A complete civil case typically consists of the following main phases: Starting the Case: Initial Court Papers Fact-Finding and Discovery Resolution Before Trial: Court Motions Resolution Before Trial: Settlement / Alternative Dispute Resolution Trial and Verdict After a Judgment: Collecting Money Appeals Get an Attorney's Help If you believe you have suffered a civil rights violation,the best place to start is to speak with an experienced civil rights attorney.

Important decisions related to your case can be complicated -- including which laws apply, whether you must file a claim with the government, and where you should file your lawsuit. A civil rights attorney will evaluate all aspects of your case and explain all options available to you, in order to ensure the best possible outcome for your case. "

Disability discrimination The Equality Act 2010 makes it unlawful to discriminate against employees (including workers) because of a mental or physical disability. View or download the new Acas guide Disability discrimination: key points for the workplace [601kb].

Disability discrimination

You can also download our Disability discrimination: obligations for employers [64kb] fact sheet and The top ten myths about disability in the workplace [15kb]. Key points Under the Equality Act 2010 a person is disabled if they have a physical or mental impairment which has a substantially adverse and long-term effect on their ability to carry out normal day-to-day activities.

In the workplace such activities are taken to include things like using a telephone or computer, interacting with colleagues, following instructions, driving and carrying everyday objects. The Equality Act 2010 provides disabled people with protection from discrimination in a range of areas, including employment. There are four main types of disability discrimination. Direct discrimination Is when someone is treated differently and not as well as other people because of disability. For example, an employer does not employ a disabled person just because it does not want disabled people in its workforce.

It breaks down into three different sorts of treating someone 'less favourably' because of:their own disability (ordinary direct discrimination)a perceived disability (direct discrimination by perception)their association with someone who is disabled (direct discrimination by association).

Indirect discrimination Can occur where a workplace rule, practice or procedure is applied to all employees, but disadvantages those who are disabled. A disabled employee or job applicant claiming indirect discrimination must show how they have been personally disadvantaged, as well as how the discrimination has or would disadvantage other disabled employees or job candidates.

In some limited circumstances, indirect discrimination may be justified if it is necessary for the business to work. For example, an employer may reject an applicant with a severe back problem where heavy manual lifting is an essential part of the job.

Harassment When unwanted conduct related to a person's disability causes a distressing, humiliating or offensive environment for that person. Victimisation Treating someone unfairly because they have made or supported a complaint about disability discrimination.

Also, there are two other types of discrimination regarding disability. Discrimination arising from disability Where someone is treated 'unfavourably' because of something linked to their disability, but not because of the disability itself. The disabled person claiming this type of discrimination does not have to compare their treatment to how someone else is treated.

Failure to make 'reasonable adjustments'An employer failing to make 'reasonable adjustments' for a disabled job applicant or employee is one of the most common types of disability discrimination. If adjustments are 'reasonable', an employer must make them to ensure its workplace or practices do not disadvantage a disabled job applicant or employee already with the organisation.

Employers should ensure they have rules in place to prevent disability discrimination in:recruitment and selectiondetermining pay, terms and conditionssickness absencetraining and developmentpromotiondismissalredundancy. If a workplace feature or practice puts an employee with a disability at a disadvantage, an employer should look to see what 'reasonable adjustments' it can make and meet with them to discuss what can be done to help them.

For example, this could be as simple as supplying a special chair or power-assisted piece of equipment.

Reasonable adjustments might also include changing some of the employee's duties, but an employer does not have to change functions essential to the role. Court rulings on obesity There have been several court cases in the UK and Europe, and it is now accepted that obesity itself is not a disability. However, where obesity causes an impairment which is substantially adverse and long-term, that impairment might be regarded as a disability by an employment tribunal.

Both employers and employees should bear firmly in mind that whether a condition related to obesity is likely to amount to a disability will depend on all the particular circumstances of the individual case.

Nevertheless, employers need to ensure obese employees are not subjected to offensive comments or behaviour because of their weight and that obese job applicants are not discriminated against because of their weight. Making a claim for discrimination if you're disabled If an employee feels they been discriminated against, they will be able to bring a claim to an employment tribunal.

However, it's best they talk to their employer first to try to sort out the matter informally. Further information is available from Ministry of Justice - Employment Tribunal guidance. Through the Acas Helpline you can get advice on specific problems, and explore alternatives to an employment tribunal claim, such as Mediation, where appropriate.

Protected characteristics video This video introduces and explains the nine protected characteristics. Acas training and business support Acas offers practical Training Courses, Workshops and Projects to equip managers, supervisors and HR professionals with the necessary skills to deal with employment relations issues.

Specifically we help employers understand more about employee rights, disability rights, definitions used within the law including the Equality Act 2010.

We provide best practice and can work with you to help make the workplace a fairer and more productive environment. Click to view related Acas training and course dates in your area for Equality, diversity and the Equality Act 2010. Or contact Acas through our Customer contact form online form to let us know how we can help. View or download popular Acas Publications. Further information Related Pages Equality and diversity: how Acas can help The Equality Act 2010Mental health in the workplace Health and wellbeing Wellbeing and workplace performance Bullying and harassment Advisory booklet - Front line managers Recruitment Other Sites The Equality and Human Rights Commission GOV.

UK - Disability Confident campaign GOV. UK - Guidance on employing disabled people and people with health conditions HSE - Health and safety for disabled people Acas Publications Equality and discrimination: understand the basics pdf [352kb]This guide outlines the basics of what employers of all sizes, managers, employees and their representatives must and should do to make their workplaces a fair environment and comply with equality legislation. Prevent discrimination: support equality pdf [405kb]This guide is helpful for employers, managers, employee representatives and employees in their role in promoting equality and diversity, and preventing discrimination.

Discrimination: what to do if it happens pdf [335kb]This guide outlines the basics of what employers of all sizes, managers, and employees and their representatives must and should do when discrimination happens or is alleged within the workplace. Disability discrimination: key points for the workplace pdf [601kb]This guide offers a grounding into how disability discrimination can occur in the workplace, how it can be dealt with and how to reduce the chance of future discrimination.

Disability discrimination: obligations for employers pdf [64kb]This document outlines some of the key obligations employers have in this area. Acas Mental health guidance for employers Your browser does not currently recognize any of the video formats available. Click here to visit our frequently asked questions about HTML5 video.

Employment discrimination can come in many forms. In this post we will look at two ways discrimination may play out in the workplace: an adverse employment decision and harassment.

What Constitutes Discrimination?

What Constitutes Discrimination? Posted: October 6, 2015 By Krigel & Krigel

Title VII of the Civil Rights Act of 1964 and several other laws make it illegal to discriminate against someone on the basis of being a member of a protected class or associated with someone who is a member of a protected class.

The Equal Employment Opportunity Commission (“EEOC”) has outlined the following list of protected classes under federal law:– Age – Disability – Equal Pay/Compensation – Genetic Information – Harassment – National Origin – Pregnancy – Race/Color – Religion – Retaliation – Sex – Sexual Harassment – Veteran/Military Status To have a claim that is protected under the law, the individual who believes he is the victim of discrimination must believe that he is being discriminated against because he is a member of a protected class (or he associates with someone who is a member of a protected class).

Just because an individual happens to be a member of a protected class does not automatically give that person a claim. He has to be able to show a connection between the alleged discrimination and his status as protected under the law. Adverse Employment Decision An adverse employment decision is something that may give the employee cause to file a discrimination lawsuit or charge of discrimination.

An adverse employment decision is action taken by the employer that negatively affects a term, condition, or privilege of employment. Such action may include failing to hire a job applicant, so an employee may be protected by the law even if she was not hired.

Practically, a “failure to hire” claim can be difficult to prove, but the law attempts to protect job applicants from discrimination. If an employer takes such an adverse action, the employee can file a Charge of Discrimination with the EEOC.

The EEOC will investigate the charge and take one of several actions: seek a voluntary settlement or file a lawsuit if illegal action is found, recommend mediation, or give the employee the right to sue the employer in court. You may recall the Abercrombie & Fitch case that was decided by the U. S. Supreme Court. In that case, the court held that Abercrombie & Fitch illegally discriminated against an applicant when they failed to hire her because she wore religious headwear.

You can read about that case here. This is one example of where a job applicant experienced an adverse employment decision based on the company’s decision to not hire her. Harassment Another type of discrimination is harassment. The EEOC defines harassment as any unwelcome conduct that is based on one of the protected classes above.

More specifically, the EEOC states that “harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.” Petty slights, annoyances, and isolated incidents will typically not constitute discrimination unless they are extremely serious. Examples of discriminatory harassment include offensive jokes, slurs, epithets, and physical assaults or threats.

And just like with adverse action claims above, an employee that feels he or she has been harassed can file a Charge of Discrimination with the EEOC. Before doing so, employees should make sure they have reported the offensive conduct to a supervisor, boss, or human resources manager.

Oftentimes, employers will have a complaint process outlined in its company handbook, so be sure to check that and follow those procedures. Closing Thought Workplace discrimination is something that both employers and employees should take seriously. If you are an employee with fears you’ve been discriminated against, or an employer facing an employment discrimination claim, you should speak to an attorney about your situation. Krigel & Krigel maintains a great Employment Law Group in Kansas City and you can contact them anytime with questions you may have.— Image: Adobe/Tupungato *This article is very general in nature and does not constitute legal advice. Readers with legal questions should consult with an attorney prior to making any legal decisions.« «Previous: Choosing a Business Entity: Corporations Next: Mortgage Modifications Gone Wrong » »