What Kind of Discrimination is Against the Law?

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You feel like you have been treated unfairly. Some decision went against you and you think it might be because of bias on the decision maker’s part. But is it illegal or just unfortunate? What kind of actions count as illegal discrimination?

In this post, I will summarize of the different types of illegal discrimination. I will explain where illegal discrimination can occur, and provide some next steps if you think what has happened to you might be illegal.

Illegal Discrimination is Based on Who or What You Are

There are lots of legal reasons for a decision maker to say no. If you have been convicted of a crime in the past or have a low credit score, you may have trouble landing or keeping a job or renting a home. In general, when discrimination is against the law, it is based on who or what you are, rather than something you have done in the past. Federal and state civil rights laws prohibit discrimination based on:

  • Race, Color, or National Origin
  • Gender, Sex, or Sexual Orientation
  • Religion
  • Pregnancy or Disability
  • Age
  • Genetic Information

With the exception of pregnancy discrimination, all of these factors are inherent to who the person is. The law prohibits employers, landlords, and others from punishing you for attributes outside of your control.

Laws That Prohibit Illegal Discrimination

There is no one law that applies in every case of discrimination. Instead, the Equal Employment Opportunity Commission (EEOC) enforces a number of laws, each of which prevent one or more kinds of discrimination. These include:

  • The Civil Rights Act which protects against discrimination based on race, color, religion, national origin, or sex.
  • The Pregnancy Discrimination Act which protects women against discrimination based on pregnancy, childbirth, and related medical conditions.
  • The Equal Pay Act which ensures that women receive the same pay for the same work in the same workplace as their male counterparts.
  • The Age Discrimination in Employment Act which protects older workers in the workplace.
  • The Americans with Disabilities Act which ensures anyone with a disability has access to a full life.
  • The Genetic Information Nondiscrimination Act which protects against discrimination based on genetic information about disease, disorders, or condition in the workplace.

Together, these laws provide a blanket of protection against illegal discrimination for a wide variety of inherent traits.

Where Illegal Discrimination Happens

Depending on the basis of the illegal discrimination, you may be protected in different parts of your life.

At Work

Most of the EEO laws apply at work. Your employer has the most restrictions against illegal discrimination. Whether you are fired, passed over for promotion, or treated differently on the job, an employment discrimination attorney may be able to help you file a discrimination claim.

In a Job Search

Many people don’t realize that employment discrimination laws also protect job seekers. If you are passed over for a job because of your race, sex, or other protected status, that is a form of illegal discrimination. Similarly, if an employment agency or temp service refuses to place you at a certain position, that can also be the basis for a claim.

At School

Discrimination doesn’t always wait for a person to turn 18. Sometimes, students face discrimination at school from teachers, or based on school policies. Title IX of the Civil Rights Act applies many of the same laws against illegal discrimination to teenagers as adults at work.

At Home

Discrimination in housing can be devastating to you and your family. Several of the EEO laws also apply to landlords, realtors, and sellers. This includes protections that allow disabled tenants to make reasonable accommodations in their rental homes to make sure their houses work for them.

In Retaliation Cases

Sometimes, it can feel like there’s nothing you can do when you are facing illegal discrimination. Fear of retaliation can keep you from filing complaints and asserting your rights. That’s why every EEO law includes protections against retaliation. If an employer, landlord, or other decision maker punishes you for trying to improve your situation, you may be entitled to more extensive remedies from the EEOC or in court.

What to Do If Your Are Facing Illegal Discrimination?

Even with all the laws protecting employees and tenants, illegal discrimination still happens. When it does, the discrimination attorneys at Eisenberg & Baum, LLP, can help you fight back. By scheduling a free initial consultation with our team, you can find out whether your case counts as illegal discrimination. We will explore the options available to you, and create a strategy to get you the relief you need. If you think you have been illegally discriminated against, contact Eisenberg & Baum, LLP, to schedule a free initial consultation.

Top 3 Signs That You’re Being Sexually Harassed at Work

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When comments, behavior, and jokes make you uncomfortable at work, it’s tough to know whether there is anything you can do about it. Are you being too sensitive, or is it really sexually harassment? Here are three signs that you are being sexually harassed at work.

In this blog, I will review the top 3 signs that workplace behavior counts as sexual harassment. I’ll explain how the Equal Employment Opportunity Commission (EEOC) decides whether something counts as sexual discrimination. And I’ll explain what to do if you are being sexually harassed at work.

1. That One Sexual Comment You Tried to Ignore Has Turned into Constant Comments

One off-color comment isn’t necessarily sexual harassment. Just because a coworker asked you for a date doesn’t mean you should file a complaint. But when that one sexual comment turns into a constant stream of unwanted sexual statements, that’s a good sign you are facing sexual harassment.

Federal laws prohibit unwanted sexual behavior that is so frequent or so severe that it creates a hostile or offensive work environment. So when one comment becomes many over your objection, you may well be facing sexual harassment. The more off-putting the statements, the less often they need to happen before they cross the line into discrimination.

2. You Feel Like Your Job Depends on Saying Yes to Sexual Advances

Anyone asking you to have sex with them can feel uncomfortable. But when the person asking is your boss, it can create added pressure to say yes. If you feel like you could be fired or your job could be affected if you say no to sexual advances, you are likely facing sexual harassment.

Under federal and state laws, requests for sexual favors count as sexual harassment if they result in an adverse employment decision. This can include firing, demotion, negative reviews, or even changes in shift and job assignments. If saying no to a supervisor’s sexual advances leads to negative treatment at work, that treatment will likely count as sexual discrimination.

3. Your Complaints Are Ignored or Mocked

It can be tough to get up the courage to object to sexual jokes or comments. When a boss or co-worker insists on calling one gender names or talking about his or her sex life, it can seem like that’s just part of the job. The key to ending discriminatory treatment is to say something about it. Sexual harassment laws require that the behavior in question be unwanted. Unless you raise an objection to the behavior, it can be hard for an employment discrimination attorney to later prove you weren’t willing to play along.

But complaining doesn’t always end the behavior. Even though your employer has an obligation to correct discriminatory behavior, often an employee’s complaints can go unanswered. Worse, sometimes filing a complaint with your union or your HR department can result in retaliation. You could end up mocked for reporting the very behavior you find offensive. When that happens, not only are you facing sexual harassment, you may also have a claim for retaliation.

What to Do if You See the Signs of Sexual Harassment

If you are facing sexual harassment at work, there are a few things you can do to get results:

  1. File a formal complaint with your employer or HR department.
  2. Document every instance of harassment.
  3. File a complaint with your union representative.
  4. Request a transfer or reassignment.
  5. Talk to an employment discrimination attorney.

At Eisenberg & Baum, LLP, we have sexual discrimination attorneys ready to help you fight back against the signs of sexual harassment. We will meet with you and develop a strategy to get you back to a comfortable working environment. Whether your case requires negotiation, an EEOC complaint, or a federal lawsuit, we will be there every step of the way to help you fight back against your harassers. You don’t have to face it alone. Contact us today to schedule a free consultation.