Workplace discrimination is a major concern that touches all employees around the world. It can cause discriminatory treatment, failure to promote, and even wrongful terminations. It is imperative to know your rights and legislation that protects you. This article will explore main workplace discrimination laws all employees must know.
What Is Workplace Discrimination?
The worker is discriminated against since the employer is drawing a distinction on the grounds of personal characteristics. They are race, sex, age, disability, religion, etc. The discrimination can be employment, promotion, salary, or terms of employment.
The parliaments of every nation have enacted that which protects the employees from discrimination. This piece of legislation advises the employees whenever they are discriminated against and what they can do.
All Major Workplace Anti-Discrimination Laws
- Title VII of the Civil Rights Act (1964)
An easy-to-use US anti-discrimination law that makes it unlawful to discriminate based on race, color, religion, sex, or national origin against anyone. It applies to employers who have 15 or more employees.
What It Covers:
- Hiring and firing
- Promotion and demotion
- Compensation and benefits
- Harassment at the workplace
- Retaliation against employees who complain
- The Equal Pay Act (1963)
The Act guarantees men and women equal pay for equal work. Wages, bonus, etc. are covered under the Act.
Points to Remember:
- Effort and skill, and therefore the level of equal work must be the same.
- The rate of wages would never decrease for an attempt in bringing coming in as per this act.
- Bonus based on award of seniority, merit, or productivity may be different.
- The Age Discrimination in Employment Act (1967)
Protects workers who are 40 years or older from age discrimination by employers with 20 or more employees.
What Employers Cannot Do?
- Refuse to hire workers because of age.
- Refuse to promote an employee based on age.
- Forced retirement of older employees.
- Lesser benefits based on age.
- The Americans with Disabilities Act (ADA) (1990)
The ADA makes it illegal for the employer to discriminate against the employee on the grounds of disability. The employer must provide reasonable adjustments to accommodate the employees.
Examples of Reasonable Adjustments:
- A ramp or an elevator to install.
- Schedule modification according to the disability of the employee.
- Assistive technology like screen readers.
- The Genetic Information Non-discrimination Act (GINA) (2008)
GINA forbids employment discrimination based on genetic information. None of the employers can take any hiring decision based on genetic information.
What Employers Can’t Do?
- Request or ask for genetic information.
- Make general hiring, firing, and promotion based on a genetic test’s results.
- Pregnancy Discrimination Act (1978)
Forbids discrimination against pregnant employees. Pregnancy illness must be treated by the employers as any other illness.
What It Covers
- Hiring and job assignment
- Maternity leave policy
- Health insurance coverage
- Protection from harassment during pregnancy
- Identifying Workplace Discrimination
Discrimination comes in many guises. There are both the subtle and not-so-subtle ones. Some of the ways that discrimination may be recognized in the workplace are:
- Being passed over for a promotion when you’ve been performing well.
- Being unjustly disciplined.
- Being exposed to off-colour jokes or comments regarding your personal characteristics.
- Being exposed to strange, unexplained modifications in your work assignment.
- Paid less than another worker for doing the same work.
What to do if you think You’re being Discriminated Against
If you think you’re being discriminated against in the workplace, do the following:
- Document Everything
- Keep a record of discriminatory incidents.
- Save memos, letters, and other documents.
- Save dates, times, and names.
- Report to HR or Management
- Most large employers have internal complaint procedures.
- Make your complaint in writing and ask for a written answer.
- Fee to the EEOC
- Complain to Equal Employment Opportunity Commission (EEOC) for employment discrimination.
- Charge within 180 days from the date of discrimination (300 days if working in a state other than California).
- Get Professional Legal Advice
- Call an attorney who specializes in employment law to understand your rights.
- They can sue if the case requires it.
- Stay Away from Work Discrimination
- The employers and employees in general can help workplaces become discrimination-free. The steps above would make any place free from discrimination:
- The employees must be provided with discrimination training.
- The employees must combat discrimination.
- There must be discrimination-free organizations with zero-tolerance policy.
- There must be workplace of respect.
Conclusion
It has workplace discrimination but with half of the rights of the law trimmed off by the hands of the employer. Knowledge of the law enlightens the employees on their rights and how and when to respond in case of their violation. If one day such a day comes when you are discriminated against, there are redress provisions of the law that keep you safe.
With coverage, vigilance, and advocacy for the elimination of work discrimination, both employers and workers can thrive in a discrimination-free world.
