Employment Law

👔Employment Law Unit 2 – Discrimination in the workplace

Workplace discrimination involves unfair treatment based on protected characteristics like race, gender, or age. It can occur in various aspects of employment, from hiring to termination, and is prohibited by federal and state laws. Employers must prevent and address discriminatory practices. Types of discrimination include disparate treatment, disparate impact, harassment, and retaliation. Legal protections are provided by laws like Title VII, ADA, and ADEA. Employers must maintain a discrimination-free workplace, while employees have rights to report issues and seek remedies.

What is Workplace Discrimination?

  • Workplace discrimination involves treating employees or job applicants unfairly based on certain protected characteristics
  • Discrimination can occur in various aspects of employment, including hiring, promotion, compensation, job assignments, and termination
  • Discriminatory practices create an unfair and hostile work environment, limiting opportunities for affected individuals
  • Discrimination can be intentional or unintentional, and it can be carried out by employers, supervisors, co-workers, or even customers
  • Workplace discrimination is prohibited by federal and state laws, which aim to ensure equal employment opportunities for all individuals
  • Discrimination can have severe consequences for both the affected employees and the employer, including legal action, financial penalties, and reputational damage
  • Employers have a legal and ethical responsibility to prevent and address discriminatory practices in the workplace

Types of Discrimination

  • Disparate treatment discrimination occurs when an employer intentionally treats an employee less favorably due to a protected characteristic (race, gender)
  • Disparate impact discrimination happens when a seemingly neutral policy or practice disproportionately affects a protected group (requiring a high school diploma)
  • Harassment is a form of discrimination that involves unwelcome conduct based on a protected characteristic, creating a hostile work environment (sexual harassment, racial slurs)
    • Harassment can be verbal, physical, or visual, and it can be perpetrated by anyone in the workplace
    • The conduct must be severe or pervasive enough to create an intimidating, hostile, or offensive work environment
  • Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities (filing a discrimination complaint, participating in an investigation)
  • Failure to accommodate discrimination happens when an employer does not provide reasonable accommodations for an employee's disability or religious beliefs
  • Age discrimination involves treating employees or job applicants unfavorably because of their age, particularly those who are 40 years or older
  • Genetic information discrimination occurs when an employer uses an individual's genetic information to make employment decisions or treats them unfairly
  • Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin
  • The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from age-based discrimination
  • The Americans with Disabilities Act (ADA) and the Rehabilitation Act prohibit discrimination against qualified individuals with disabilities
  • The Equal Pay Act (EPA) requires that men and women receive equal pay for substantially equal work in the same establishment
  • The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions
  • The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on genetic information
  • Many states and local jurisdictions have additional anti-discrimination laws that provide broader protections than federal laws

Protected Characteristics

  • Race and color discrimination involves treating employees unfavorably because of their race or skin color
  • National origin discrimination occurs when an employee is treated unfairly due to their country of origin, ethnicity, or accent
  • Religious discrimination happens when an employee is treated unfavorably because of their religious beliefs or practices
  • Sex discrimination involves treating employees unfairly based on their gender, including sexual harassment and discrimination based on pregnancy or sexual orientation
    • Sexual orientation discrimination occurs when an employee is treated unfairly due to their sexual orientation (gay, lesbian, bisexual)
    • Gender identity discrimination happens when an employee is treated unfavorably because of their gender identity or expression (transgender, non-binary)
  • Age discrimination involves treating employees or job applicants unfavorably because of their age, particularly those who are 40 years or older
  • Disability discrimination occurs when an employee is treated unfairly due to a physical or mental impairment that substantially limits one or more major life activities

Employer Responsibilities

  • Employers must provide a workplace free from discrimination and harassment based on protected characteristics
  • Employers should have clear anti-discrimination policies and procedures in place, which should be communicated to all employees
  • Employers must promptly investigate any complaints of discrimination or harassment and take appropriate corrective action
  • Employers should provide regular training to employees and supervisors on anti-discrimination laws and company policies
  • Employers must provide reasonable accommodations for employees with disabilities or religious beliefs, unless doing so would cause undue hardship
  • Employers should maintain accurate records of employment decisions and actions to demonstrate compliance with anti-discrimination laws
  • Employers must not retaliate against employees who report discrimination, participate in investigations, or oppose unlawful practices

Employee Rights

  • Employees have the right to a workplace free from discrimination and harassment based on protected characteristics
  • Employees have the right to report discrimination or harassment without fear of retaliation
  • Employees have the right to participate in investigations or proceedings related to discrimination complaints
  • Employees with disabilities have the right to request reasonable accommodations to perform their job duties
  • Employees have the right to equal pay for substantially equal work, regardless of their gender
  • Employees have the right to take legal action against their employer if they experience discrimination or harassment
    • This may include filing a complaint with the Equal Employment Opportunity Commission (EEOC) or state fair employment practices agency
    • Employees may also file a lawsuit against their employer in federal or state court
  • Employees have the right to be free from discrimination based on their genetic information, including family medical history

Proving Discrimination

  • Direct evidence of discrimination includes statements, actions, or policies that explicitly show bias based on a protected characteristic (a supervisor stating they won't hire women)
  • Circumstantial evidence involves facts or circumstances that suggest discrimination occurred, even without direct evidence (a pattern of promoting only younger employees)
  • Disparate treatment discrimination can be proven by showing that an employee was treated less favorably than similarly situated employees outside the protected class
  • Disparate impact discrimination is proven by demonstrating that a facially neutral policy or practice disproportionately affects a protected group and is not job-related or consistent with business necessity
  • Statistical evidence can be used to show patterns of discrimination in hiring, promotion, or other employment decisions
  • Comparative evidence involves showing that employees outside the protected class were treated more favorably in similar situations
  • The burden of proof initially lies with the employee to establish a prima facie case of discrimination, after which the employer must provide a legitimate, non-discriminatory reason for the adverse action

Consequences and Remedies

  • Employers found liable for discrimination may be required to pay compensatory damages to the affected employee for lost wages, benefits, and emotional distress
  • In cases of intentional discrimination, employers may also be ordered to pay punitive damages to punish and deter future misconduct
  • Employers may be required to reinstate or promote the affected employee, or provide front pay if reinstatement is not feasible
  • Courts may order employers to implement or revise anti-discrimination policies, provide training, or take other steps to prevent future discrimination
  • Employers may be required to pay the affected employee's attorney's fees and court costs
  • Discrimination lawsuits can result in significant reputational damage for employers, affecting their ability to attract and retain employees and customers
  • Employers who engage in a pattern or practice of discrimination may face additional penalties and oversight from government agencies
  • Employees who experience discrimination may also suffer emotional distress, loss of career opportunities, and financial hardship, even if they ultimately prevail in a legal claim


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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.