May 23, 2024

Three Important Facets of Employment Discrimination

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There’s a reason why so many federal and state labor laws exist: because there are far too many employers who feel that they can choose their employees based on factors that pertain to the personal lives of others. Here, we’re going to run through the basics of employment discrimination, a few examples of what it looks like in the workplace today, and how a personal injury lawyer or employment lawyer can help you out.

What Is Workplace Discrimination?

To define it in the most general way possible, an employer cannot refuse to hire you, fire you, force you to retire, harass you, or refuse to give you a promotion/raise when deserved — simply because of personal details that do not pertain to your job. Additionally, if you face discrimination or harassment from coworkers, your employer is required to investigate the situation if and when you report it. Each state has its own labor laws regarding employment discrimination, and most laws apply to companies that are over a certain size.

Some Common Examples of Employment Discrimination:

Many workers today experience discrimination because of personal traits or medical conditions that do not necessarily affect their job performance — for example, all of the workplace actions described above could warrant an employment discrimination lawsuit if the cause is:

  • Pregnancy, or the chance of becoming pregnant, and requiring maternity leave
  • Age — usually old age, with federal protection for anyone over the age of 40, but can occasionally apply to young workers as well
  • Disability, or a history of disability — both physical and psychological
  • Gender
  • Sexual orientation
  • Race or ethnicity

When To Call An Employment Lawyer:

The problem with workplace discrimination is that employers often argue that there could be workplace safety issues or productivity issues, or that the employee in question is too likely to be injured on the job. Additionally, the worker has to prove that he/she possesses the qualifications of every other candidate and can meet all of the job requirements, with or without reasonable accommodations for his/her condition or status. This is where an employment lawyer can help out, and can look at your situation and decide if the employer in question is violating any state or federal labor laws. To see more, read this.

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