Workplace discrimination can take many forms. Generally, employment discrimination occurs when an employee (or potential employee) is treated in a certain way due to his or her gender, age, race, religion, disability, or marital or other familial status. In the United States, discriminatory practices in the workplace are clearly illegal and should not be tolerated. Discrimination lawyer.
Discrimination can happen at any stages of the employment process, including the hiring and firing process, job assignment, work placement, transfer, compensation, and employee classification. Discrimination may also show up when it comes to the use of company facilities, availability of fringe benefits, retirement plan options, leave, and/or any other terms or conditions of employment.
In the United States, the Equal Employment Opportunity Commission (EEOC) is the federal agency that regulates workplace discrimination, while in Colorado, the Civil Rights Division enforces state anti-discrimination law. In the state of Colorado, it is illegal to discriminate against anyone based on his or her:
Race or Ethnicity
Any kind of discrimination or harassment on the basis of race, color, or national origin is prohibited under law. Employers may not discriminate because of an employee’s birthplace, ancestry, culture, or linguistic characteristics and should not make assumptions about the abilities, traits, or performance of an individual of any race or ethnic group based on stereotypes or myths about information associated with a particular group.
Not only is it for employers to discriminate based on a person’s religious beliefs, but employers must also make reasonable accommodation for the religious beliefs of employees unless doing so would impose an undue hardship.
Legal malpractice lawyer
According to the Equal Pay Act of the United States, all companies must pay men and women equally for doing equal work. Employers may not reduce the pay of either gender to equalize pay between them. Additionally, it is illegal to discriminate against women who are or who may become pregnant. Pregnancy, childbirth, and related medical conditions are to be treated in the same manner as other temporary conditions.
An employer cannot discriminate against an employee simply because of age (40 years and older).
Disability or Health Status
An individual who has the skill, experience, education, and meets the job-related requirements of his or her position and who can perform them with (or without) reasonable accommodation is considered qualified and cannot be discriminated against because of his or her disability.
Employers may not discriminate against an employee based upon his or her sexual preference. Further, employers may not harass, deny benefits to, or subject an employee to negative employment action because of his or her own or any relation to someone based on sexual orientation (or the perceptions of someone’s sexual orientation, HIV status, etc.).
Conduct Outside of the Place of Employment
Unless the employee’s activities outside the workplace have a direct impact on the employee’s work or the employer’s business interests, employers may not take action against an employee who has engaged in conduct while off duty.
Except for employees who are in supervisory positions, employers with more than 25 employees may not fire someone who marries another employee.
These same laws apply everywhere in the U.S., but U.S. law also makes it illegal to discriminate against someone based on citizenship status or genetic information.
Immigration status discrimination occurs when an employee is treated differently based upon his or her citizenship or immigration status. Immigrants who are recent permanent residents, refugees, or in the U.S. on a legal asylum basis are protected from such status discrimination.
Lawyer job outlook
Genetic information discrimination occurs when any aspect of an individual’s genetic information (i.e., medical history/increased risk of disease, disorder, condition even if only in the future) becomes a condition of employment. This includes hiring, firing, job assignment, pay, benefits, and/or promotions. Additionally, a person may not be harassed in any way about his or her genetics.
Call the Grand Junction, CO Law Firm of Killian, Davis, Richter & Mayle, P.C. Today
If you have been a victim of workplace discrimination, our experienced attorneys are here to help protect your rights. Our firm has an extensive background in obtaining positive outcomes for those experiencing employment discrimination. Contact our office today at (970) 241-0707 for a free and confidential initial consultation.