What are the legal elements of discrimination?
The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.
Understanding Discrimination in the Workplace and Your Legal Rights
Discrimination in the workplace can have a profoundly negative effect on people’s lives, making it essential for workers to have a basic understanding of what constitutes discrimination, and their legal rights surrounding it. Unfortunately, instances of discrimination are still existent in the modern workplace but understanding the law can help protect employees and make sure they are treated in an equitable and fair manner.
Discrimination in the workplace is illegal under the U.S. Civil Rights Act of 1964. It is defined as any action or decision made by an employer – or any other party – that adversely affects an employee or group of employees based on their race, religion, color, sex, age, national origin, disability, or genetic information. This can include exclusion or exclusion from certain job-related activities or experiences, the denial of promotions or hiring decisions, and intimidation or harassment.
In order to address discrimination in the workplace and assert their legal rights, employees must first understand what constitutes a protected class. This includes age, race, religion, gender, national origin, disability, color, and genetic information. Employees need to understand that it is illegal to discriminate against any protected class in the workplace, and if they feel they have been discriminated against, they can report it either to the relevant authorities or to the Equal Employment Opportunity Commission (EEOC).
Once a discrimination complaint is filed, the EEOC will review and investigate the claims. The investigation may require witness statements and other documentation. After the investigation is completed, the party responsible for discrimination will have an opportunity to respond and refute their guilt. If the EEOC determines there is sufficient evidence of discrimination, a settlement may be reached between the parties or the matter may be taken to court.
Any potential settlement should be carefully reviewed as it may require legal consultation. Additionally, the EEOC offers certain remedies for victims of workplace discrimination. These can include back pay, front pay, compensation for emotional and mental distress, and job reinstatement.
Working people should always demand to be treated with respect and be aware of their rights in the workplace. Knowing the law and being aware of one’s rights can help all workers to ensure they are never subjected to workplace discrimination, harassment, or unfair treatment.