Frequently Asked Questions About Employment and Workplace Discrimination

What is workplace or employment discrimination?

Workplace or employment discrimination is when an employee is treated unjustly at their place of work based on age, gender, race, color, national origin, religion, disability, pregnancy status and sexual orientation, among other qualifying factors.

Is there a time limit for filing a charge of discrimination with the Equal Employment Opportunity Commission?

Generally speaking, you have 180 calendar days to file a charge from the time when the alleged discrimination took place – although this deadline can be extended to 300 days if a state or local agency enforces a similar employment discrimination law. The time frame to file is tighter for job applicants and federal employees, who typically are required to contact an EEO counselor within 45 days – although exceptions can be made in special circumstances..

What should I do if I’ve experienced discrimination by my employer?

If you feel as though you’ve experienced discrimination by your employer, the first thing to do is to create a written record documenting your experience. Next, you should contact an attorney with experience in workplace discrimination law to determine the best course of action, whether that’s initiating a complaint with the EEOC, filing a lawsuit or attempting to resolve matters internally with your employer.

How much money can I receive for workplace discrimination?

The amount of money someone receives in a workplace discrimination case depends on the severity of events that took place. Plaintiffs may seek both punitive and compensatory damages, which can cover such hardships as lost wages and medical expenses, as well as pain, suffering and mental anguish.

Am I protected if I report my employer for discrimination?

People who report their employers for discrimination are legally protected from retaliation, up to and including the loss of one’s job. Affirming your right to work in a discrimination-free environment is what the EEOC refers to as a “protected activity” and covers the reporting of harassment or discrimination against a co-worker or refusing to follow a manager’s instructions that would result in discrimination, among other scenarios.

Can I be fired if I report my employer for discrimination?

You cannot legally be fired for reporting your employer for discrimination, but that doesn’t mean it doesn’t happen. This is why it’s critically important to consult an experienced workplace discrimination attorney. Contact Hagens Berman’s discrimination attorneys to find out your rights »

Age Discrimination

What is age discrimination?

Age discrimination is the biased mistreatment of any individual based on how old they are. In the realm of employment, it typically refers to workers age 40 and older who’ve been passed over for jobs or promotions, fired, laid off or forced into retirement because an employer wants a younger person in a given role, due to financial considerations or other circumstances.

What is the Age Discrimination in Employment Act?

The Age Discrimination in Employment Act (ADEA) protects job applicants age 40 and over from being discriminated against on the basis of their age. This law applies to the hiring, compensation, promotion, terms of employment or termination of this protected class of older workers.

How am I protected if I’m 40 or older?

If you’re 40 or older, an employer can’t discriminate against you based on your age. This type of discrimination includes passing over an older person in favor of hiring a younger person, failing to promote or firing an older person in favor of a younger worker who makes less money, or disproportionately terminating older workers during a round of layoffs.

If you are a person age 40 or older who is subjected to this type of discrimination or something similar, you should document your treatment and immediately contact our employment discrimination legal team to find out your options.

Disability Discrimination

What is disability discrimination?

Disability discrimination occurs when someone with a physical or mental impairment is not treated equitably because of their disability. This sort of mistreatment can occur in a variety of settings, including the workplace, where disabled employees and job applicants are protected from discrimination by the Americans with Disabilities Act, among other laws.

Some examples of disability discrimination in the workplace are when a disabled applicant or employee is passed over for a job or promotion based on issues concerning mental or physical health, or is not provided a reasonable accommodation that is necessary to complete their daily tasks. Not providing wheelchair access for an employee who is unable to get around without one is a common example of the latter type of disability discrimination.

What is the Americans with Disabilities Act?

The Americans with Disabilities Act prohibits discrimination against people with physical and mental disabilities in a variety of settings, including the workplace. There, the ADA guarantees disabled employees equal access to all workplace opportunities, including pay, desirable job assignments and the possibility of advancement

What is reasonable accommodation?

A reasonable accommodation is an adjustment in a workplace’s environment that allows a person with a disability to perform essential job functions and participate on a level playing field with all co-workers. These modifications can be physical or policy-based. For example, installing a ramp or modifying a workstation for a wheelchair-bound employee is an example of a physical accommodation, whereas allowing service animals or flexible work schedules based on an employee’s medical needs are examples of policy-based modifications.

What is a qualified individual?

A qualified individual is a disabled person who meets all the requirements – skill, education, etc. – of a given job and can perform that position’s essential functions with or without a reasonable accommodation. If a reasonable accommodation is the only thing preventing a qualified individual from performing essential functions, the employer must consider making such accommodations available to them.

When is an employer required to make a reasonable accommodation for a disabled employee?

An undue hardship is an otherwise reasonable accommodation for a disabled employee that is deemed unfeasible due to extreme costs or other factors that place too high a burden on an employer. Workplaces which successfully exhibit that an accommodation for a qualified individual would create an undue hardship are exempted from that portion of the ADA on a case-by-case basis.

Who is protected from employment discrimination on the basis of disability?

Qualified individuals who have physical or mental impairments that limit everyday activities are protected from employment discrimination by the ADA. These disabilities include, but aren’t limited to: hearing loss, sight and speech impairments, learning disabilities, cerebral palsy, cancer, emotional illness, heart disease and HIV.

Gender Discrimination

What is gender discrimination?

Gender discrimination is when someone is mistreated or treated differently based on their gender identity. This includes non-binary and transgender individuals. Specific to the workplace, gender discrimination (or sex-based discrimination) refers to when someone is not hired, denied a promotion, terminated or paid less than they would be otherwise on account of their gender identity.

Does the Civil Rights Act protect me from gender discrimination?

Yes, Title VII of the Civil Rights Act makes it illegal for employers to discriminate against employees based on their gender identity.

National Origin

What is national origin discrimination?

National origin discrimination occurs when someone is discriminated against due to the country they’re from, their accent or if they appear to be from a certain ethnic background – even if they’re not. This type of discrimination extends to the mistreatment of employees based on a spouse or partner’s national origin.

I am teased at work due to my nationality. Is this discrimination?

While playful teasing or off-the-cuff comments at work don’t necessarily constitute discrimination, consistently teasing someone at work due to their nationality is illegal and discriminatory. This sort of harassment often includes a co-worker making offensive remarks about a person’s nationality, ethnicity or accent.

Can I be discriminated against by someone from the same country as I’m from?

Yes. National origin discrimination is not limited to mistreatment perpetrated by someone from another country. People who hail from the same country are subject to the same standard.

Does the Civil Rights Act protect me from national origin discrimination?

Yes, Title VII of the Civil Rights Act makes it illegal for employers to discriminate against employees based on national origin.

Sexual Orientation Discrimination

What is sexual orientation discrimination?

Sexual orientation discrimination involves the mistreatment of individuals – including employees – based on their actual or perceived sexual preference. This sort of discrimination is often directed at members of the LGBTQ community, who are part of a protected class and able to pursue legal action if they are treated in this manner.

Does the Civil Rights Act protect me from sexual orientation discrimination?

Yes. In 2020, the U.S. Supreme Court affirmed that the Civil Rights Act protects gay and transgender workers from discrimination in the workplace.

Racial Discrimination

What is racial discrimination?

Racial discrimination is the unfair or racially biased treatment of individuals based on their skin color, race or physical features associated with a certain race. At work, this sort of harassment can include racial slurs or symbols directed at co-workers of color, or the failure to hire or promote certain people based on the color of their skin or racial background. Employees who are married to spouses of a different race are also frequently the victims of racial discrimination in the workplace.

Does the Civil Rights Act protect me from religious discrimination?

Yes, Title VII of the Civil Rights Act makes it illegal for employers to discriminate against employees based on race, which was the primary foundation of the landmark 1964 law

Religious Discrimination

RELIGIOUS DISCRIMINATION:

Religious discrimination is the unfavorable treatment of someone based on their religious beliefs. In the workplace, this can take the form of inferior treatment and undesirable job assignments, as well as offensive remarks about one’s religion or beliefs.

Does the Civil Rights Act protect me from religious discrimination?

Yes, Title VII of the Civil Rights Act makes it illegal for employers to discriminate against employees based on religion.

My religion is not traditional. Am I protected?

Yes, you are. Any person who is harassed for a legitimate religious belief is entitled to legal protection from discrimination at work – not just individuals who belong to large religions like Christianity, Judaism, Buddhism or Islam.

Sexual Discrimination

What is sexual harassment?

Sexual harassment is the unlawful mistreatment of an individual because of their gender (or sex). While this sort of harassment often involves unwelcome romantic overtures or physical touching, it does not have to be sexual in nature. At work, sexual harassment can involve a co-worker making offensive remarks about a person’s gender or a supervisor illegally leveraging their position of power to coerce a subordinate into sexual acts that they wouldn’t otherwise feel obligated to engage in.

What is a hostile work environment?

A hostile work environment is one where a supervisor or co-worker’s behavior becomes so abusive that it creates a space in which it becomes virtually impossible for a reasonable person to do their job.

When does teasing become a hostile work environment?

Playful teasing, isolated arguments and annoying remarks rarely rise to an illegal level. But when unpleasant interactions become increasingly consistent, intimidating and offensive, a hostile work environment often ensues

What is quid pro quo sexual harassment?

Quid pro quo sexual harassment occurs when an authority figure bases some sort of work-based decision, explicitly or implicitly, on whether an employee acquiesces to unwanted romantic advances. An example of this would be if a male manager told a female subordinate that she would receive a promotion if she slept with him, but would be fired if she didn’t. Only a supervisor can be guilty of this type of harassment.