There are a number of federal laws that seek to protect employees from potential discrimination, including harassment, in the workplace, but there are three that stand out as particularly significant:<\/p>\n
Although unequal pay between men and women is still rampant, the Equal Pay Act provides a degree of protection against discrimination based on sex. The law states if there are two employees who perform equal work in the same workplace, an employer is required to pay the employees equally\u2014regardless of their gender.<\/p>\n
It can be challenging to interpret the \u201cequal work\u201d clause as employees can have similar but not identical jobs, but the law makes a noble attempt to level the playing field for men and women. As an employee, you have the right to ask coworkers about their salary in order to uncover potential discrimination, and you have the right to file a complaint if you find evidence of sex-discrimination.<\/p>\n
Title VII is the bedrock of workplace discrimination law in the United States. Passed during the civil rights era, the law prohibits employers from discriminating against employees and job-applicants based on race, color, religion, national origin, or sex. None of these characteristics can be a factor in major decisions such as hiring, termination, promotions, demotions, compensation, benefits, and job responsibilities.<\/p>\n
Title VII also requires employers offer employees and job-applicants reasonable accommodations for their sincerely-held religious beliefs and practices. \u201cReasonable accommodations\u201d has a wide interpretation, though an employer is relieved of this duty if the requested accommodation seriously interrupts business operations or places an undue financial burden on the employer.<\/p>\n
In 1978, Congress added an amendment to Title VII which made it illegal to discriminate based on pregnancy, childbirth, or medical conditions related to maternity. Unfortunately, this is still a widely-abused form of discrimination, as many job-applicants and employees report they have been asked about their family-plans during an interview.<\/p>\n
Title I of the Americans with Disabilities Act protects disabled people from discrimination in both the private and public sectors. The law specifies three forms of disability that cannot be a factor in an employer\u2019s major decisions:<\/p>\n
Similar to the reasonable-accommodations provision in Title VII of the Civil Rights Act, an employer is required to provide disabled employees with reasonable accommodations as long as the accommodations don\u2019t place an undue burden on the employer. However, there is a notable difference\u2014under the ADA, an employer is required to consult with the disabled employee to brainstorm the best ways to accommodate for their disability. Employers are not required to honor the employee\u2019s requests, but they are obligated to consider their input.<\/p>\n
Each of the previously-mentioned federal laws also includes protection against employer retaliation. All employees have the right to file a discrimination charge against an employer and participate in discrimination investigations or lawsuits without fear of reprisal. This is commonly known as whistleblower protection. In addition to generally prohibiting employer retaliation, federal law specifies 7 protected activities that an employer cannot terminate or discipline an employee for participating in. These include:<\/p>\n
Note that while employers are prohibited from retaliating against employees, engaging in a protected activity doesn\u2019t preclude an employee from being terminated or disciplined for other reasons. For example, an employer could still terminate an employee for job abandonment, non-performance, or a breach of company policy.<\/p>\n
The federal government established the Equal Employment Opportunity Commission (EEOC<\/a>) in 1965 to enforce federal workplace discrimination laws. The EEOC\u2019s purview covers discrimination based on race, color, religion, national origin, sex, age (over 40), pregnancy (including childbirth and maternal medical conditions), and disability. In recent years, the EEOC has also begun to enforce against discrimination based on sexual orientation and gender identity, ruling these forms of discrimination fall under sex-discrimination.<\/p>\n If you are subject to discrimination in the workplace<\/a>, you have 180 days after the offense to file a complaint with the EEOC. You can submit the claim here<\/a>, on the Commission\u2019s website. Next, you\u2019ll be asked to meet with an agent for an interview at the nearest EEOC local office. For the interview, you are encouraged to bring any evidence of the alleged discrimination. You can also bring someone for support, as discussing the issue can understandably be emotionally difficult.<\/p>\n If the agent believes there is enough evidence to warrant an investigation, they will draft a formal charge of discrimination, which you will sign and submit. The EEOC will then launch an investigation into the offending employer. If the investigation finds the employer guilty of discrimination, the EEOC\u2019s preference is to resolve the matter informally through conciliation, conference, or persuasion. If the employer refuses to cooperate or disputes the resolution, the EEOC can file a lawsuit in federal court.<\/p>\n At the same time, the offended employee has the right to file their own civil lawsuit against the employer. Once you\u2019ve submitted the charge of discrimination with the EEOC, consult with an employment-law attorney to assess your options and determine if your complaint merits a lawsuit. If your case is successfully tried, you may be entitled to personal and\/or punitive damages.<\/p>\n The state of Arizona is a great place to live and work, but knowing the employment laws will help you a lot. Whether you are a newcomer to the state or a lifelong resident, understanding your workplace protections is good for your career, and the more you know, the better.<\/p>\n Employment law issues can cause extreme distress and can affect productivity on the job. If you are being harassed at work, or dealing with any other employment issue, consider talking to our AZ employment law<\/a> team to help you settle your case.<\/p>\nHow to file a discrimination charge<\/h2>\n
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