MightyRecruiterBusinesses benefit from understanding anti-discrimination laws in order to create a safe and legally sound place for their employees to work. A company can face an anti-discrimination lawsuit when an employer enacts or condones the following actions based on a person’s protected class: refusal to hire, termination, discipline, failure to promote, denial of training, harassment, and less pay or a demotion.
- Question: What Are the Different Types of Discrimination in the Workplace?
- Gender
- Age
- Disability
- Religion
- Race
- Sexual Orientation
- Pregnancy
- National Origin
- Sexual Harassment
- Question: What Are the Current Laws Regarding Sexual Orientation (LGBTQ) Discrimination?
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Iowa
- Maine
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- Oregon
- Rhode Island
- Utah
- Vermont
- Washington
- Question: Are There Laws Against English-Language Only Rules?
- What Constitutes Sexual Harassment in the Workplace?
- requests for sexual favors
- unwelcome sexual advances
- verbal or physical conduct of a sexual nature
A person can be discriminated against in the workplace either overtly or covertly. When someone from a particular protected class (such as minorities or those with disabilities) is denied equal treatment in relation to his or her peers, such action can be deemed discrimination by law. The different types of discrimination are related to:
The federal government doesn’t currently provide protection for those who identify as lesbian, gay, bisexual, transgender, or queer (LGBTQ) in the workforce. However, the laws are quickly changing in this category, and some states do offer legal protection in this area. These states are:
Certain states offer legal protection for sexual orientation (gay, lesbian, bisexual and queer individuals) but not gender identity (transgender individuals). These states are New York, Wisconsin and New Hampshire.
The Employment Non-Discrimination Act (ENDA) has frequently passed in the Senate, but not yet in both the Senate and the House. This act would prohibit discriminatory practices in hiring and employment based on an individual’s sexual orientation or gender identity for businesses that have at least 15 employees.
The Equal Employment Opportunity Commission (EEOC), which is the federal agency that enforces federal anti-discrimination laws, is suspicious of businesses with English-language only policies. While there is currently no law prohibiting this policy, there are regulations in place that protect those whose primary language isn’t English.
The EEOC has determined that an English-only rule can legally be in effect at certain times due to business necessity; however, it deems any company-wide policy that prohibits languages other than English from being spoken at any time in violation of Title VII. Furthermore, businesses that require English-only at specific times are required to provide written notice of both the policy and the reasoning behind it before the policy is put in place.
Sexual harassment is a form of sexual discrimination by law. This category includes:
These actions are considered harassment when they interfere with an employee’s work performance or create a work environment that his hostile, intimidating or offensive. The actions can be either explicit or implicit.
There are two types of sexual harassment: Quid Pro Quo and Hostile Work Environment. The former is categorized as a supervisor or someone else in authority seeking a sexual relationship with the promise of favors such as raises or promotions. This type of harassment also includes threats to fire or punish the employee if he or she rejects the advances. Hostile Work Environment harassment refers to the presence of sexual or demeaning images, threats or jokes in the workplace. For the latter category, the behavior must be severe enough that it creates an offensive or intimidating work environment. When an employee is the victim of sexual harassment, either the employee can sue the business or the EEOC can file a lawsuit on the employee’s behalf.
Understanding the terminology and legality of anti-discrimination laws in the workplace can help you protect your business from a lawsuit.
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The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.