The U.S. Equal Employment Opportunity Commission, by law, prohibit various types of discrimination in the workplace, which includes:
Age – According to the Age Discrimination in Employment Act (ADEA), discrimination is illegal for anyone over the age of 40. Although some states do have their own set of laws against discrimination of younger workers, it is not illegal for an employer to favor an older worker over a younger one.
Disability – This type of discrimination occurs after an employer treats a qualified employee with a disability unfairly because of that disability.
Equal Pay – The Equal Pay Act requires men and women to be given the same pay for equal work.
Genetics – According to Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), no employee or applicant can be discriminated against because of genetic information, which means any disorder or disease found in your genes.
Harassment – According to Title VII of the Civil Rights Act, harassment is defined as unwelcome conduct based on an employee’s race, color, religion, sex (including pregnancy), age (40 or older), national origin, disability or genetic information.
National Origin – This type of discrimination involves employees who are treated unfairly because they are from a different country or because of their ethnicity.
Pregnancy – The Pregnancy Discrimination Act forbids any type of discrimination against a pregnant employee. This includes hiring, firing, promotions, and job assignments.
Race – If you are treated unfairly because your skin color or race, this is a form of race discrimination. In addition, you can claim race discrimination if you are treated unfairly because you are married to or associated with someone of a certain race or color.
Religion – This type of discrimination means you are treated unfairly because of your religious, ethical, or moral beliefs.
Sex – If you are treated unfavorably because of your sex or gender identity, this is in violation of Title VII.
Sexual Harassment – Sexual harassment can include unwelcome sexual advances, requests of sexual favors, or other types of verbal or physical harassment.
We are committed to fighting workplace discrimination:
that occurs before employment begins, such as discriminatory hiring practices;
during employment, such as discrimination in compensation, denial of a supported request for reasonable accommodation, promotions, or other terms and conditions of employment;
resulting from the taking of protected leave under the Family and Medical Leave Act; and
leading to the end of employment, such as constructive discharge or wrongful termination.
We also represent employees who face retaliation by their employers after complaining about discrimination and harassment at work or participating in the EEO process.
Are you a victim of employment discrimination? Contact the employment discrimination lawyers at The Cole Law Office for an evaluation of your case.
Contact us today to discuss your case.
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Even in this day and age, race discrimination is still a major issue in the United States, especially in the workplace and the Cole Law Office is here to assist you.
Helping Employees Fight Discrimination
Civil rights laws reflect our nation’s commitment to basic human rights and freedoms. When unlawful conduct affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment, the employment discrimination lawyers.
What is Racial Discrimination?
According to Title VII of the Civil Rights Act of 1964, it is illegal for an employer to discriminate against an employee because of his/her race in hiring, firing, discipline, benefits, promotion, compensation, job training, or any other condition of employment. Some examples of race discrimination include:
Despite having excellent references and experience, you are not hired for a job because you are an African-American.
Someone who is white is promoted to a manager position despite having less experience or seniority than you, a Latino.
You make less money even though employees who have been with the company for less time make more money.
You’re being harassed by co-workers who call you the “n-word” or tell insulting jokes about your race, age, religion, etc.
The race discrimination lawyers at the LC Law Firm are prepared to defend your rights against any employer. Contact our employment lawyers today to have us look over your case.
Get In Touch
Tell us about your situation. We may be able to help you. Helpful information about your claims might include the time period during which the events related to your claim occurred and, if applicable, on what basis you believe you were discriminated against (for example, race, gender, religion, age, pregnancy, etc.)
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What is Gender Discrimination?
Discrimination all comes down to unequal treatment on the basis of the employee’s sex. Gender/sex discrimination still one of the major problems facing employees in the workplace today.
According to Title VII of the Civil Rights Act of 1964, it is illegal for an employer to refuse, hire, or fire any individual based on their sex. For example, two executives have the same work responsibilities. Despite having more experience and a better work ethic than her male counterpart, the female executive is passed over for a promotion that is given to the male executive.
What is Sexual Harassment?
Another form of gender discrimination is sexual harassment. When we think of sexual harassment, the old stereotype of the boss flirting with the secretary comes to mind. But sexual harassment is much more than that. Employees have the right to perform their jobs without the demand for sexual or romantic favors. In addition, it is the employer’s responsibility to make sure that both women and men are treated equally in the workplace, without the threat of unwanted sexual advances.
Sexual harassment is still a major and ongoing issue in many workplaces across the country.
What is The Pregnancy Discrimination Act?
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. The Act states that it is illegal to discriminate against a woman who is pregnant. This means that as long as a pregnant woman can handle the major functions of her job, an employer cannot fire or refuse to hire her on the basis of her condition. It also means a pregnant woman can’t be discriminated against when it comes to other aspects of her employment, such as job assignments, promotions, layoffs, or fringe benefits.
An employer must treat a pregnant woman just like every other employee. This means, the employer cannot single the woman out for medical clearance that isn’t required for other employees, and must allow the pregnant woman to work as long as she is able to perform her duties.
The act also makes it clear that the employer’s health insurance must cover the expenses related to the pregnancy on the same basis as it would for any other medical condition.
If an employee cannot perform her job because of pregnancy, an employer has to treat her like any temporarily disabled employee. This means the woman can receive modified tasks, alternative job assignments, or receive disability leave.
Pregnancy can be a wonderful time in a woman’s life, but if you are being discriminated against because of your condition, it can be a nightmare. Give us a call. There is help!
LGBTQ Discrimination
Everyone should be protected from discrimination, no matter who they are or what their sexual orientation is. Just like sexual and race discrimination, discriminating against someone in the workplace because of their sexual orientation or gender identity is still a major issue in the United States.
According to a survey on Sexual Orientation Law and Public Policy conducted by the Williams Institute, fifteen to forty-three percent (15% - 43%) of homosexual and transgender employees said they have experienced some type of discrimination in the workplace. Of these individuals up to 17 percent have reported being fired because of their sexual orientation or gender identity and the majority of those surveyed said they were verbally or physically abused.
Examples of LGBT discrimination include:
Being harassed by your employer or co-workers based on your sexual preference
Hearing derogatory comments about homosexual or bisexual individuals
Being denied a promotion based on your sexual preference
Being treated differently by your manager, especially after they discover your sexual orientation
Being denied insurance or other work benefits because of your sexual orientation
Recently, a federal appeals court ruled that the Civil Rights Act prohibits workplace discrimination against LGBTQ employees. The court had decided that “discrimination on the basis of sexual orientation is a form of sex discrimination.” Nevertheless, there are no federal anti-discrimination laws that clearly state LGBTQ discrimination in the workplace is unlawful. However, several states have established laws to protect these workers.
However, federal employees are covered by anti-discrimination guidelines and these protections are extended to employees who work in the private sector who decide to file a claim with the Equal Employment Opportunity Commission (EEOC). In fact, many employers have now begun to enact rules against discrimination: 91 percent of Fortune 500 companies now prohibit discrimination based on sexual orientation.
If you believe you are a victim of sexual orientation discrimination, call our office for help.
What is Age Discrimination?
The Age Discrimination in Employment Act, (ADEA) protect employees over the age of 40. The Act states that employers cannot take age into account when it comes to their employees. For instance, an employer cannot just hire younger workers or target older workers for layoffs. In addition, employers cannot make assumptions based on age – such as thinking an older worker is not familiar with the latest trends in technology.
Examples of ADEA discrimination includes:
A female corporate executive was passed over for a promotion by a younger colleague and then was terminated after 35 years with the company.
Despite having 15 years of experience in real estate management, a 66-year-old female Chief Operating Officer was passed over for a promotion in favor of a younger male executive with less experience.
A senior female employee was terminated from her job as because of her gender, age, and medical condition.
What is Disability Discrimination?
The Americans with Disabilities Act of 1990, (ADA) prohibit discrimination of individuals with a disability. The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including employment, public services, public accommodations, and telecommunications and all public and private places that are open to the general public.
What is Reasonable Accommodation?
Title I of the Americans with Disabilities Act of 1990 (the "ADA")(1) requires an employer(2) to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. "In general, a reasonable accommodation is any change to a job, in the work environment or in the way things are customarily done that enables an individual with a disability to apply for a job, perform job functions, or enjoy equal access to benefits available to other individuals in the workplace.(3)
Agencies are required by law to provide reasonable accommodation to qualified individuals with disabilities, unless doing so would impose an undue hardship to the agencies. In addition, Executive Order 13164 requires Federal agencies to develop written procedures for providing reasonable accommodation. An employer's legal obligations regarding reasonable accommodation are set by federal guidelines; however, employers may provide more than the law requires.
Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, there are workplace barriers that keep others from performing jobs which they could do with some form of accommodation. Reasonable accommodation removes workplace barriers for individuals with disabilities.
Reasonable accommodation is available to qualified applicants and employees with disabilities.(5) Reasonable accommodations must be provided to qualified employees regardless of whether they work part- time or full-time, or are considered "probationary." Generally, the individual with a disability must inform the employer that an accommodation is needed.(6)