Federal and state law generally prohibits employers from discriminating against you because of your age, disability, gender, gender identity, pregnancy, military status, national origin, race, sexual orientation, or religion. These unlawful reasons for discrimination are known as protected classes or characteristics. Many laws against discrimination also protect you against harassment, as harassment is a kind of discrimination.
To be unlawful, discrimination generally must be based on a protected class. Discrimination can happen in many ways, but the law recognizes two general kinds of discrimination. Disparate treatment discrimination occurs when an employer targets or treats an employee less favorably because the employee’s protected characteristic. Disparate impact discrimination occurs when an employer has a policy that seems unbiased, but the policy has a disproportionately negative impact on employees of a certain protected characteristic.
Discrimination can adversely impact your compensation, hiring, promotion opportunities, job duties, work environment, or conditions of employment. In some cases, discrimination can cause you to lose your job.
To be unlawful, discrimination generally must be based on a protected class. Discrimination can happen in many ways, but the law recognizes two general kinds of discrimination. Disparate treatment discrimination occurs when an employer targets or treats an employee less favorably because the employee’s protected characteristic. Disparate impact discrimination occurs when an employer has a policy that seems unbiased, but the policy has a disproportionately negative impact on employees of a certain protected characteristic.
Discrimination can adversely impact your compensation, hiring, promotion opportunities, job duties, work environment, or conditions of employment. In some cases, discrimination can cause you to lose your job.
Harassment is a kind of disparate treatment discrimination. It generally involves offensive or intimidating conduct by an employer, supervisor, or co-worker, because of your protected class, that is so severe or frequent it creates an abusive work environment. Harassment can take many forms. It can include unwelcome advances or touching. It can also include sexually or racially offensive comments or behavior.
Harassment may, or may not, cause you to lose your job. But it can harm your physical or emotional health. And it can be against the law.
Americans with Disabilities Act: Protections for Employees with Disabilities
Civil Rights Act of 1866: Racial Discrimination Unlawful
Equal Pay Act of 1963: Equal Pay for Equal Work
Family and Medical Leave Act: Job-Protected Leave for Family and Medical Reasons
Families First Coronavirus Response Act: COVID-19-Related Paid Employee Leave Rights
Pregnancy Discrimination Act: Protections for Employees Relating to Childbirth
Successor Liability for Employment Claims
Virginia Values Act: Powerful Protections for Virginia Employees
Bostock v. Clayton County: Title VII Protections for LGBTQ Employees
Comcast v. NAAAM: Law of Causation in 1981 Claims
Corning Glass Works v. Brennan: EPA Law Requires Equal Pay for Equal Work
Griggs v. Duke Power: Disparate Impact Without Discriminatory Intent
McDonnell Douglas v. Green: Framework for Analyzing Discriminatory Intent Using Indirect Evidence
Meritor Savings Bank v. Vinson: Sexual Harassment is Unlawful Discrimination
Oncale v. Sundowner Offshore Services: Law of Same-Sex Harassment
Price Waterhouse v. Hopkins: The Law of Stereotyping
Smith v. City of Jackson: ADEA Authorizes Employee Disparate Impact Claims
University of Texas Southwestern Medical Center v. Nassar: Standards for Proving Causation in Title VII Discrimination and Retaliation Claims
Vance v. Ball State: Vicarious Liability for Workplace Harassment
info@coffieldlaw.com