Elawyers Elawyers
Washington| Change
Discrimination and harassment in the workplace can come in many forms. And although such misconduct can sometimes be overt, such as the use of racial slurs or denial of advancement opportunities, it can also be subtle or even concealed. Discrimination occurs when a member of a protected class (women and minorities, for example) is treated differently than her peers. If an African-American employee is repeatedly passed up for a promotion even though he is clearly the most qualified, he may want to file a claim for discrimination. This section provides information on recognizing discrimination and harassment in the workplace, as well as tips on protecting your legal rights if you have been victimized by discrimination or harassment on the job.

Sexual Harassment Overview

Sexual harassment is technically considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The EEOC generally defines the offense as "unwelcome sexual advances" or similar actions that create an intimidating or hostile workplace. For instance, it is at the very least inappropriate to tell a coworker how "sexy" they look or to tell sexually explicit jokes. When it creates a negative environment, it may be grounds for a lawsuit.

If someone in a position of authority requests sexual favors in exchange for a promotion or job security, then it is considered "quid pro quo" sexual harassment.

Discrimination Overview

The act of employment discrimination can take many forms. Generally, it occurs when an employee or job applicant is treated unfairly because of their race, gender, nationality, religion, age, disability, or familial status (pregnancy, specifically). An individual who possesses one of these characteristics (a paralyzed veteran, for example) is said to be part of a "protected class." Discrimination can occur even if the employee is merely perceived to be a part of a protected class.

An act of discrimination may occur in relation to one of the following actions:

  • Refusal to hire;
  • Discipline;
  • Termination;
  • Denial of training;
  • Failure to promote;
  • Less pay or demotion; or
  • Harassment

LGBT Discrimination

Despite the gains gays and lesbians have made with respect to marriage equality, LGBT individuals are not a protected class. This means it is perfectly legal to discriminate against LGBT job seekers and employees in states that don't offer statutory protections. The federal Employment Non-Discrimination Act of 2009 would ban discrimination on the basis of sexual orientation and gender identity, but has been held up in Congress.

Roughly 20 states do prohibit LGBT discrimination in the workplace, including California, Illinois, New York, and New Jersey.

Contact an employment attorney if you believe you have been discriminated against in the workplace.

Recent Topics

  • ADA: Disabilities & Your Rights as an Employee
    Created by FindLaw's team of legal writers and editors.

    A focused look at the rights the ADA provides employees with disabilities, the kinds of discrimination these employes may face, and what to do when discrimination occurs.

  • ADA & Disability Discrimination Facts
    Created by FindLaw's team of legal writers and editors.

    This page has some useful information and links to resources and statutes on disability discrimination so that you can learn all about disability discrimination at work and the protections available for disabled workers.

  • Affirmative Action Policies in Education and Employment
    By Aaron Hotfelder, J.D., University of Missouri School of Law

    A number of federal, state, and local laws forbid discrimination against individuals or classes of persons based on factors such as race, color, national origin, age, sex, religion, and disability. Learn how these apply to education and employment opportunities. ...

  • Age Discrimination

    Employment Discrimination on the Basis of Age Age discrimination occurs when an employer treats an applicant or an employee less favorably because of his or her age. Under federal law, age discrimination is forbidden against those who are age 40 or o...

  • Age Discrimination: Overview
    Created by FindLaw's team of legal writers and editors.

    Read this article for a summary of the primary federal law against age discrimination in the workplace, including how age discrimination looks in the office, as well as basic information on claims.

  • The Age Discrimination in Employment Act of 1967
    Created by FindLaw's team of legal writers and editors.

    Read the text of the federal law known as the Age Discrimination in Employment Act (ADEA) of 1967, which protects employees who are 40 years of age or older from workplace bias.

  • Age Discrimination Law
    Created by FindLaw's team of legal writers and editors.

    Click here for a breakdown of the federal anti-bias law known as the Age Discrimination in Employment Act (ADEA), including prohibited behaviors, its coverage and application, exceptions, and other important issues.

  • Americans with Disabilities Act of 1990, Titles I and V
    Created by FindLaw's team of legal writers and editors.

    EDITOR'S NOTE: The following is the text of Titles I and V of the Americans with Disabilities Act of 1990 (Pub. L. 101-336) (ADA), as amended, as these titles appear in volume 42 of the United States Code, beginning at section 12101. Title I of the A...

  • Are English-Only Policies in the Workplace Legal?
    By Joseph Williams, Attorney

    Some employers try to enforce English-only rules preventing their employees from speaking any other languages besides English while at work. ...

  • Age Discrimination in the Workplace: What Are Your Rights?
    By Lisa Guerin, ​J.D., Boalt Hall at the University of California at Berkeley

    Under federal law, older workers are protected from discrimination and entitled to the same benefits as younger workers. ...

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer