Workplace Discrimination Happens Everyday Taking on Many Forms of Bias
At the Law Offices of Dan Chern, our Allen Employment Law firm handles many cases involving workplace and employment discrimination. As an employment attorney, I represent many clients with the goal of preventing discrimination on any grounds, from age, race, sex, to religion and disability. Employment discrimination includes bias in wrongful termination, preferential hiring, promotion, job assignment, compensation, retaliation, and several types of harassment.
Workplace discrimination of any type is unlawful and the Equal Employment Opportunity Commission (EEOC) legally bars employers from discriminating against applicants or employees because of various factors that reveal an illegal bias. Below you will find (10) different types of discrimination in the workplace.
It is unlawful for an employer to treat an applicant or employee unfavorably because he or she has a physical or mental impairment. People with disabilities are protected by the ( www.ADA.gov) Americans with Disabilities act and the Rehabilitation Act.
Age discrimination happens when an employer treats a potential job applicant or current employee unequally because of his or her age. Many lawsuits have been filed where an older employee was terminated or demoted in favor of a younger employee. This cannot be tolerated under the Age Discrimination in Employment Act ( www.eeoc.gov/laws/statutes/adea.cfm). The act prohibits discrimination against people aged 40 and older.
The Pregnancy Discrimination Act (PDA) prevents employers from discriminating against women who are pregnant in all aspects of employment-related conduct. If a female employee cannot perform her job duties temporarily because of medical issues related to pregnancy or childbirth, she is protected. Her employer cannot treat her any differently than an employee who is temporarily disabled.
Laws have been established to protect employees who are whistleblowers that disclose certain information about their employers. An employer cannot legally fire, demote, harass or otherwise retaliate against an employee who has filed discrimination charges or otherwise opposed the illegal practices occurring in the work place.
Equal Pay/Compensation Discrimination
The Equal Pay Act mandates that women and men in the workplace be awarded equal pay for equal work (salary, bonuses, vacation pay, etc..). According to the EEOC states, the jobs to not necessarily have to be identical, but significantly equal in nature.
The Genetic Information Nondiscrimination Act (GINA) forbids employers and health insurance companies from discriminating against employees based on genetic information. Genetic information refers to data about an individual’s family members, as well as the information about a potential disease or disorder in the employee or their family members.
Employers are not allowed to discriminate against an employee because of ethnicity or because they appear to come from any particular location.
Discriminating against an applicant or employee due to their certain race or color of their skin is unlawful in any aspect of employment.
An employer may not discriminate against an employee or job applicant based on their religious beliefs. The law extends to all religions, including Buddhism, Christianity, Hinduism, Islam, Judaism, all types of religious, ethical or moral beliefs.
Sex Based Discrimination
Gender based and sexual discrimination takes place when one gender is preferred for a position over the other. Employers are also not allowed to discriminate against a transgender individual.
You can see that discrimination in the workplace takes on many forms. If you feel you are the victim of any type of workplace discrimination call Law Offices of Dan Chern, P.C. today and we can meet to discuss the issues you have. Call 972-516-9911 and I can meet with you personally to review your case. You can also visit other pages on this website to see all the areas of law on which we focus.