What is Employment Discrimination?

What is Employment Discrimination?

Employment discrimination occurs when an employer, government entity, labor union or employment agency violates state or federal antidiscrimination laws which prohibit most employers from discriminating against an individual because of:

	Race.
	Color.
	Religion.
	Age (40 years or more).
	Sex (including pregnancy and childbirth).
	National origin.
	Physical or mental disability.

Generally it is illegal to discriminate in any aspect of employment including:

	Hiring and firing.
	Compensation.
	Assignment.
	Classification of employees.
	Transfer.
	Promotion.
	Layoff.
	Recall.
	Job advertisements.
	Recruitment.
	Testing.
	Use of company facilities.
	Training and apprenticeship programs.
	Fringe benefits.
	Pay.
	Retirement plans.
	Disability leave.
	Other terms and conditions of employment.

Discriminatory practices under these laws also include:

	Harassment on the basis of race, color, religion, sex, national origin, disability, or age.
	Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices.
	Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities.
	Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.
	Discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Employers are required to post notices to all employees advising them of their rights under the laws. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The Equal Employment Opportunity Commission (EEOC) enforces federal antidiscrimination employment laws and investigates  violations.

Many states and municipalities also have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status and political affiliation.

Important Notice

This information is generic and may or may not apply to this particular city, county, state or your individual circumstances. State laws vary and are continuously changing. This information does not necessarily reflect the laws in your community.  It is not intended to be a source of legal advice or a substitute for qualified legal counsel.  Your access to and use of this web site is subject to additional terms and conditions found in our Terms of Use.  Please read it now.

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