Being Discriminated Against at Work
Sometimes discrimination is very obvious and apparent. It could take the form of a racist, sexist or derogatory comment, or there may be certain conduct indicative of discrimination against you. Other times, the discrimination might be subtle, or you might not even be aware that it happened until it comes to light at some later time. Regardless, if you have been discriminated against in the workplace, you should bring a legal action for employment discrimination.
Discrimination claims are based on disparate treatment, meaning you, the employee, are being discriminated against because of your race, sex, religion, color or some other immutable characteristic, or disparate impact, meaning the effect of certain employee policies adversely affects a group of employees based on race, sex, religion, color or some other immutable characteristic, even if the employer does not intend to discriminate.
Where Does Discrimination Protection in the Workplace Come From?
There are many federal laws in place to protect workers from discrimination. The most important federal protections include:
- Equal pay between men and women is provided for under the Equal Pay Act of 1963 (EPA). The EPA protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
- Employment discrimination is prohibited under Title VII of the Civil Rights Act of 1964 (Title VII). Specifically, Title VII prohibits employment discrimination on the bases of color, race, religion, sex or national origin.
- Age discrimination is prohibited under the Age Discrimination in Employment Act of 1967 (ADEA). The ADEA protects individuals who are 40 years of age or older from discrimination in the workplace.
- Discrimination of the disabled in federal government employment is prohibited under sections 501 and 505 of the Rehabilitation Act of 1973.
- Discrimination of those with disabilities is prohibited under Title I and Title V of the Americans with Disabilities Act of 1990 (ADA). The ADA prohibits employment discrimination against qualified individuals with disabilities in state and local governments as well as the private sector.
- The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
These federal laws are applicable to employers having 15 or more employees. Similar state laws provide employment discrimination protection to those who work for employers having fewer than 15 employees.
Discrimination should not be tolerated in any aspect of employment, including:
- Retirement plans
- Disability leave
- Job advertisements
- Fringe benefits
Remedies for Employment Discrimination
If you have been the victim of employment discrimination, you should contact an employment discrimination attorney right away. You may be entitled to relief for the discrimination through which you suffered, including back pay or front pay, promotion, reinstatement or hiring and/or reasonable accommodation. You could receive attorney’s fees and other court costs as well.
Contacting a Los Angeles Employment Discrimination Attorney
No one should ever suffer through the humiliation and unfairness of employment discrimination. If you believe that you have been the victim of employment discrimination based on your race, gender, age, color, religion or disability, please contact the experienced employment discrimination lawyers at the Law Offices of Kenechi R. Agu for immediate consultation concerning your discrimination concerns.