The right to work is a fundamental human right comparable to the right to life. 

In a country where many people lack financial resources, profitable employment is essential for fulfilling these rights. Unemployment is a major cause of poverty, and workplace discrimination can lead to disparities in pay, promotion, and other aspects. 

Organizations need policies to promote diversity and inclusion. Workplace anti-discrimination laws prohibit discrimination based on religion, race, caste, sex, or place of birth. However, this provision is restricted to the state, not private corporations. 

Discrimination can occur pre- and post-recruitment. With pre-recruitment discrimination, candidates and job seekers are rejected based on gender, religion, caste, marital status, or pregnancy. 

On the other hand, post-recruitment discrimination results in lesser pay, fewer benefits, or even termination based on the same grounds.

In this article, we shall look into the legality of workspace discrimination in further detail and how an Employment lawyer can help you in these situations.

Legal Regulations Against Workspace Discrimination

The Employment Equity Commission (EEOC) enforces laws prohibiting federal agencies from discriminating against employees and job applicants based on the  following: 

• Race.
• Color.
• Religion.
• Sex.
• National origin.
• Disability.
• Age. 

Therefore, the EEOC protects individuals who file complaints or oppose illegal employment practices. 

Title VII of the Civil Rights Act of 1964 protects employees and job applicants from discrimination based on race, color, religion, sex, and national origin. 

This protection covers all employment decisions. This includes selections, recruitment, terminations, and the terms and conditions of one’s employment.

Moreover, the Equal Pay Act of 1963 safeguards against sex-based wage discrimination. However, the Age Discrimination in Employment Act of 1967 safeguards individuals over 40 from age-based discrimination. 

The Rehabilitation Act of 1973 safeguards employees and job applicants from disability discrimination. 

The Civil Rights Act of 1991 enhances federal civil rights laws and allows for compensatory damages in intentional employment discrimination cases, amending several sections of Title VII.

You can contact an employment lawyer for additional information about unlawful discriminatory and retaliatory practices and remedies. 

Tips To Handle Workspace Discrimination

Given below are some of the most important tips that can help you handle workspace discrimination—

1. Contact A Lawyer

If you suspect discrimination at work, seeking legal advice from an experienced employment lawyer is crucial. 

They can help navigate the complex legal landscape, considering factors like federal and state laws, statutory coverage, evidence gathering, filing requirements, and retaliation. 

Therefore, it’s essential to contact an attorney as soon as possible for legal guidance in the future.

2. Inform The Employer

It is crucial to inform your employer of any discrimination or harassment you feel is occurring. 

Many illegal acts may go unrecognized or unpunished if the victim doesn’t explicitly state the unacceptable conduct. 

Employers are unlikely to admit to such acts and assist in legal proceedings. Your employer is responsible for enforcing the law, but you are responsible for protecting your rights.

3. Get A Written Report

It is important to have a roof to show your employer that you are serious about discrimination or harassment. 

Therefore, get a written report, an investigation, and disciplinary action against offenders. Employers are legally required to consider all reports of such issues promptly.

4. Compile Your Proof

To report discrimination or harassment, keep a diary with details of incidents, including date, time, parties involved, location, witnesses, and details of improper conduct. 

Keep any objects or photos perceived as discriminatory or harassing in the workplace. 

Take a photo of the offending object before removing or moving it for attorney use. Avoid deleting any offending emails or communications between you and the offending individual.

5. Review Your Company Policies

It’s always a good idea to take a moment and carefully go through your company’s anti-discrimination policies. 

This policy helps ensure that your employer is committed to fair and equal treatment of all employees, and it can also be a valuable asset for you. 

If you have access to a copy of the policy, such as in a handbook or other document, it’s important to keep it in a secure place where you can easily refer to it if needed. 

By being aware of your company’s anti-discrimination policy, you can help protect yourself from unfair or discriminatory treatment.

6. Make The Claim

There are times when you attempt to address an issue of discrimination or harassment with your employer without any response. Therefore, you must consider taking further action. 

In this case, you may want to contact the federal Equal Employment Opportunity Commission (EEOC), which oversees compliance with a range of federal anti-discrimination and anti-harassment laws. 

Additionally, your state agency may be responsible for related state laws. By involving the government in your case, you can get the attention of someone at your workplace and resolve the issue promptly and fairly.

The Obligation Of The Employer

The Anti-Discrimination Act, or ADA, defines discrimination as the failure to make reasonable accommodations for an individual’s known physical or mental limitations. 

This applies unless the entity can prove that the accommodation would cause undue hardship to their business operations. 

If multiple accommodations are effective, employers may choose which one to provide. Examples of reasonable accommodations include part-time or modified work schedules and job restructuring. 

The EEOC’s Enforcement Guidance also states that unpaid leave is a form of reasonable accommodation when necessary by an employee’s disability. 

Therefore, employers must accommodate an employee’s reasonable request for dress and uniform policy modifications unless undue hardship exists.

Moreover, During the COVID-19 pandemic, employers were required to offer reasonable accommodation to employees. This included employees with medical conditions or pregnancy-related needs. 

They should consider remote work and alternative options. 

However, they cannot force employees to stay home due to being a “vulnerable population” as this could violate the Age Discrimination Employment Act, ADA, and Pregnancy Discrimination Act.

Take The Right Steps

There is no universal legislation to address and compensate victims of workplace discrimination. However, laws like these strongly push employers to treat all employees fairly and equally. 

Organizations should have an anti-discrimination policy outlining their commitment to equality and a mechanism for redressing complaints. 

Even during pre-emptive screening before recruitment, employers should restrict their analysis to fundamental details like educational and criminal background and comply with prior consent requirements and privacy law rules.

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