The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting various forms of workplace discrimination. These laws protect employees from unfair treatment based on personal characteristics such as age, race, gender, and disability. Understanding the different types of workplace discrimination can help employees recognize their rights and employers ensure compliance with anti-discrimination laws. Below are key types of discrimination and resources on relevant laws, regulations, and best practices.
Age Discrimination
The Age Discrimination in Employment Act (ADEA) protects individuals 40 years of age and older from unfair treatment in hiring, promotions, wages, and other employment practices based on age. Employers cannot set job age limits unless age is a bona fide occupational qualification (BFOQ).
Disability Discrimination
Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations and ensure that qualified individuals with disabilities receive equal opportunities in the workplace. This includes making workplaces accessible and modifying work schedules when necessary.
Equal Pay/Compensation
The Equal Pay Act (EPA) requires employers to provide equal pay for equal work, regardless of gender. Pay disparities based on sex are illegal when employees perform substantially the same job under similar working conditions.
Genetic Information Discrimination
The Genetic Information Nondiscrimination Act (GINA) prohibits employers from using genetic information, including family medical history, to make employment decisions. Employers cannot request genetic tests or require employees to disclose such information.
Harassment
Harassment occurs when unwelcome conduct based on race, gender, disability, or other protected characteristics creates a hostile work environment or negatively affects employment decisions. This includes verbal, physical, or visual forms of harassment.
National Origin Discrimination
Under federal law, employers cannot discriminate based on ethnicity, accent, birthplace, or citizenship status. Employees must receive fair treatment regardless of their national origin, and policies that disproportionately impact certain ethnic groups may be deemed discriminatory.
Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA) protects employees from unfair treatment due to pregnancy, childbirth, or related medical conditions. Employers must provide reasonable accommodations, such as modified job duties or leave, to pregnant employees.
Race/Color Discrimination
It is illegal to make employment decisions based on race or skin color. Employers must ensure their policies do not disproportionately affect individuals of a particular racial group, intentionally or unintentionally.
Religious Discrimination
Employers must reasonably accommodate an employee’s religious beliefs and practices unless doing so would cause an undue hardship to the business. This includes allowing flexible scheduling for religious observances or permitting religious attire.
Retaliation
Employees are protected from retaliation for reporting discrimination, participating in an EEOC investigation, or filing a workplace complaint. Retaliatory actions, such as demotion or termination, are illegal and can result in legal consequences for employers.
Sex Discrimination
The law prohibits unfair treatment based on gender, gender identity, or sexual orientation. Employers must ensure that all employees, regardless of sex, receive equal opportunities and are not subjected to bias in hiring, promotions, or workplace policies.
Sexual Harassment
Sexual harassment includes unwelcome sexual advances, comments, or requests for favors that create a hostile work environment or impact employment decisions. Employers are responsible for preventing and addressing sexual harassment in the workplace.
For more information, visit the EEOC website to find fact sheets, legal policies, and best practices on addressing workplace discrimination. Understanding these protections can help employees and employers foster a fair and inclusive work environment.
Mary Watson
