Employment Discrimination - Is It Happening To You?

By:  Alexandra Smits

In this difficult economy, with unemployment rates soaring, job security is a precious commodity. If you’re fortunate enough to be employed, it’s quite likely that you aren’t willing to do anything to risk this security. However, this may mean that you overlook or ignore various forms of on-the-job mistreatment, unfair actions by your boss, or even blatant discrimination. Does this sound familiar? Employers have the option of making many decisions regarding their employees, but there are actions taken by employers all the time that affect their employees and are actually prohibited by law. As I often say to clients, unfortunately it’s not illegal for an employer to be a jerk. Fortunately though, it is illegal to discriminate in employment based on various  personal characteristics.

Race, Religion, National Origin Discrimination
Under Title VII of the Civil Rights Act of 1964, any form of discrimination based on race, religion or national origin is strictly prohibited. This means that employers cannot make any employment decisions based on these characteristics. Examples of employment decisions that might be influenced by discrimination include hiring, firing, salary, transfers, promotions, layoffs and benefits. Harassment based on these characteristics is also prohibited.

Gender Discrimination/Sexual harassment
Title VII also protects individuals from mistreatment based on gender. This includes everything from blatant sexual harassment, such as requests for sexual favors in exchange for promotions or advancement, to more subtle actions like jokes that make you uncomfortable or a suggestive calendar or poster hung in plain view at the office. It is prohibited for employers to make job conditions hostile toward one gender, such as only hiring and promoting males in a male-dominated workplace. Same-gender sexual harassment or discrimination is also prohibited. For example, a female employer could be liable for discrimination against other women if she gives preferential treatment to male employees.

Pregnancy Discrimination
Discrimination based on pregnancy, pregnancy-related medical conditions or pregnancy-related leave is also illegal. Employers cannot make any adverse employment decision, such as hiring, firing or promotion, based on a woman’s pregnancy or recent childbirth. Pregnancy should be treated as any other temporary medical condition. Additional rights are available under the Family Medical Leave Act.

Age Discrimination
If you are 40 or older, you are protected by the Age Discrimination in Employment Act (ADEA). The ADEA prohibits discrimination in hiring, firing, benefits, promotion or layoff based on age.

Disability Discrimination
If you have a disability that affects a major life activity, such as walking, hearing, seeing, lifting/grasping or concentrating, you are protected under The Americans with Disabilities Act. Individuals who are regarded as disabled by their employer (but who may not have an actual disability) are also protected. Employers must provide accommodations that are reasonable and that won’t impose an undue hardship on their business. Examples of reasonable accommodations include wheelchair-accessible entrances, restrooms and workstations; flexible schedules for medical appointments; reducing or eliminating physical exertion; modifying a work space and job duties; and allowing disabled employees to work from home. Employers must evaluate each request on an individual basis to determine whether it would constitute an undue hardship (usually financial) on their business.

I think i’m a victim of discrimination. what should i do?
The first, and often most productive, course of action is to talk to your employer or your employer’s Human Resources department. Depending on the size of the business, employers are often unaware of discriminatory actions taking place in individual departments or by individual supervisors. Often a written complaint and request for change can correct the problem. If this isn’t effective, the next step is to determine whether your employer is covered under federal equal employment opportunity laws. Title VII (race, religion, national origin, gender, pregnancy) and the Americans with Disabilities Act cover all private and public employers with 15 or more employees.  Age discrimination laws cover employers with 20 or more employees.  If your employer is covered and you wish to file a complaint of discrimination, the first step is to contact your local Equal Employment Opportunity Commission (EEOC) office. They will guide you through the process of filing a charge and then perform an investigation, if necessary. It is important to note that filing a charge of discrimination with the EEOC is mandatory before filing a claim of discrimination in court. It is also important to recognize that there are strict time limits when filing claims of discrimination. Check with your local EEOC office (303 E. 17th Avenue, Suite 510, 800-669-4000) to determine the specific time line as it applies to your case. A good rule of thumb is to file a claim as soon as discrimination is suspected to avoid missing any deadlines.

Unfortunately discrimination is alive and well in today’s workplace.  The good news is that there are multiple protections provided for employees and suffering without recourse is not necessary. For more information on employment discrimination laws or to file a charge, visit the EEOC website at www.eeoc.gov.

Alexandra Smits is a Denver attorney specializing in employment law.  She can be reached at (720) 254-3082 or ali@smitslegal.com