Discrimination by employers against certain employees at the workplace based on their race, gender, national origin, religion, age, or marital status is a violation of the law. These types of discrimination are not legally permissible during the hiring process as well.
Discriminatory practices can infiltrate every aspect of employment. Instances may include paying differently to equally qualified employees or discriminating while offering a promotion. Such practices can create a hostile work environment. Keep reading to learn more about the common types of workplace discrimination.
Types of Discrimination at Alabama Workplaces
These are five common types of workplace discrimination:
- Illegal retaliation
According to a report by the Equal Employment Opportunity Commission, retaliation against illegal forms of discrimination is the most commonly cited complaint. Retaliation occurs when an employee experiences tangible consequences of demanding their right to make a formal complaint. Retaliation falling into this category includes termination, demotions, cuts in pay, and cuts in hours.
- Racial discrimination
There are certain instances of racial discrimination that are more obvious than others. For instance, being fired, demoted, denied equal treatment, denied a fair salary, refused employee benefits or training, or harassed for racial reasons. There are certain instances in which random comments, seemingly harmless statements, or criticism may have an underlying meaning that has a discriminatory shade to it. This is easier to prove if there is a pattern to the behavior.
- Gender discrimination
Gender or sex discrimination happens when a job applicant or an employee is treated differently because of their gender. There are several issues covered under the gender discrimination law. This includes equal pay issues, sexual harassment, career development limitations based on gender, stalled promotion, marital status discrimination, pregnancy discrimination, parental status discrimination, gender expression, and gender identity.
- Disability discrimination
This type of workplace discrimination can take several forms. It may include comments made about the disability, failing to promote, offering less favorable working conditions, termination, laying off the employee, or disciplinary proceedings. The disability discrimination in certain cases may be a failure to accommodate the discrimination based on not providing or discussing alternatives to allow the disabled employee to better perform their job duties.
The Americans with Disabilities Act, at the minimum, requires all employers to discuss proposed reasonable accommodations with employees that have disabilities to make their life easier at the workplace.
- Age discrimination
Employers may discriminate against older workers with harsh comments or by placing pressure on them to retire from their positions. They may talk about needing a ‘youthful or energetic’ workforce. The employer may also refuse to hire a qualified candidate as well based on their age.
In the US, employees above the age of 40 are protected by the federal Age Discrimination in Employment Act of 1967 (ADEA) against age discrimination. The ADEA was amended by the Older Workers Benefit Protection Act (OWBPA) in 1990 to give more protections to an older workforce.
You have the right to be heard if you are suffering undue harassment or discrimination at work. You should not be a victim of retaliation at the workplace. Get in touch with a reputable employment attorney today to discuss your legal options.
Employment Attorneys Can Help with Workplace Discrimination
You have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe you have suffered discrimination at your workplace. Correlating with this, there are strict deadlines for filing a discrimination charge. Including irrelevant details will only bloat the claim and confuse the authorities. An attorney can help you file the claim and include only those details that support it.
They will also ensure the discrimination claim is filed in a timely and accurate manner. You may be entitled to a settlement if the EEOC states that discrimination occurred. This may include reinstatement, obtaining past and future earnings, compensatory damages, promotion, and other remedies. In Alabama, anti-discrimination laws are based on federal statutes with limited causes of action from common and state laws.
You need to file a signed written charge or complaint of discrimination to make a claim under the federal statutes. This needs to be filed with the relevant administrative agency of the government.
In general, if the discrimination you have experienced is a violation of Title VII, the ADEA, or the ADA, you get 180 days to file your complaint with the Equal Employment Opportunity Commission. This is from the date the discrimination took place.
You would need to file a claim with the National Labor Relations Board if it is owing to union activity. This should be done within 6 months of the action following union activity.
Contact an Experienced Alabama Employment Law Attorney Today
The legal team at BHM Law Group believes that all people should be treated justly and fairly in the workplace. Our attorneys are here to fight for your rights if you believe you are a victim of workplace discrimination. We will help you understand your legal options during a free case evaluation. Call us at (205) 994-0902 or reach us online to book an appointment with us.