Workplace Discrimination

The Equal Employment Opportunity Commission defines discrimination in the workplace as “treating someone differently or less favorably because of our race, color, religion, sex (including sexual orientation, gender identity, pregnancy), national origin, disability, age (age 40 or older), or genetic information.” You can be discriminated on by co-workers, managers or business owners.

It is illegal to discriminate in the workplace based on these protected characteristics. The laws set by the EEOC protect you from discrimination in the workplace when it involves:

• Unfair treatment due to race, color, religion, sexual identity, sexual orientation, national origin, disability or genetic information
• Harassment by co-workers or supervisors in the workplace due to race, color, religion, sexual identity, sexual orientation, national origin, disability or genetic information
• Denial of reasonable workplace accommodation or change requested because of your religious beliefs or disability
• Improper questions of your genetic information or medical information
• Retaliation once you file a complaint about discrimination on the job

Some of the most common types of discrimination that occur in the workplace are:

• Age Discrimination: Employees must receive the same treatment and benefits regardless of age and companies are forbidden to specify age preference in job advertisements
• Disability Discrimination: The Americans With Disabilities Act (ADA) made it illegal to discriminate against job candidates or employees on the basis of a disability. Employers must make “reasonable accommodation” for disabled applicants and employees, which can be physical changes to the work environment or schedule changes.
• Sex and Gender Discrimination: The Equal Pay Act ensures that employers have to provide equal pay for men or woman doing equal work. Title VII of the Civil Rights Act also prohibits discrimination on the basis of sex, meaning it is illegal for employers to pay men and women different salaries based on gender.
• Race Discrimination: It is illegal for an employer to treat an employee unfavorably because they are a certain race. Color discrimination or treating someone differently or unfavorably because of skin color is also illegal.
• Religious Discrimination: Employers cannot discriminate based on an individual’s religious customs. They are required to make reasonable accommodation based on an employee’s religious beliefs

Many times, discrimination doesn’t manifest in physical threats, or obvious slurs. Discrimination often appears in more subtle ways over a sustained period of time. Examples can be changes in work assignments, pay or benefits or unfair judgments based on performance. Discrimination can also occur during the hiring process when people are denied a certain job based on things such as race or having a disability.

If you believe that you have suffered discrimination at the hands of your employer due to being a member of a protected class or category, you may be able to file a suit against your employer. The following are the different types of suits one can file in a discrimination case.

• Discriminatory Intent or Treatment: The employee has been treated worse by an employer because they are a member of a protected class or category
• Disparate Impact: The employee has suffered a type of discrimination based on the effect of an employment policy, rule or practice that is discriminatory (even if it was not intended to be discriminatory). An example of this type of discrimination is a strength requirement that may exclude females from the position.
• Retaliation: Retaliation is what occurs when an employer treats an employee adversely after a discrimination suit has been filed.

In any discrimination suit, the burden of proof lies on the employee. There are two types of evidence that are used to prove discrimination: direct evidence and circumstantial evidence.

• Direct Evidence: Includes statements by supervisors that relate the adverse action taken against you. The evidence can be in the form of verbal comments or statements (such as emails, letters, notes). An example would be a manager telling an older employee that they were terminated because they are getting close to retirement age.
• Circumstantial Evidence / Indirect Evidence: Includes any other evidence other than direct statements from your employer.

A discrimination case can be confusing and stressful for someone, especially if they continue to work in the environment they are being discriminated against. If you believe that you have been a victim of discrimination at your workplace, the best option is to seek an attorney well versed in employment law. Contacting an attorney is the next step if:

• You’ve reported acts of discrimination repeatedly to your supervisor or Human Resources and nothing has changed
• You feel you were harassed or terminated because of your race, sex, disability or other protected trait
• You were denied a promotion or demoted despite your impeccable work performance

You have the right to work in an environment free from discrimination and we can help you fight for your rights. The attorneys at Davison, Eastman, Muñoz, Paone, P.A. in Toms River and Freehold, NJ are highly experienced in employment law. We can help you understand your rights according to the laws and help you pursue a course of action.