Things You May Not Have Known About Employer Discrimination
Employer discrimination is an illegal form of discrimination against employees based on sex, race, age, national origin, physical disability, race or age. It is a term that encompasses all situations in which an employer does not want to or cannot discriminate against employees for reasons of race, sex, age or any other protected class. There are many ways that discrimination occurs in the workplace, from the application process through the actual firing or layoff. This article focuses on one of the most common forms of discrimination that happens on a daily basis, discrimination due to race.
An example of employer discrimination can be seen in many workplaces today. Many businesses hire their own employees who have not gone through any sort of training or certification, and have little to no experience with the job. Often times this happens because these employees do not meet the minimum qualifications of the company or are over 40 years old. Often times this means an employee cannot acquire needed skills or abilities that will increase the company’s bottom line. The company may feel that they are not being fair to the employee, but cannot legally be able to fire or terminate the employee for this reason.
Another form of employer discrimination can occur when an employer opens a new business location, but does not offer jobs to any employees who are new or choose to work at this business. This can also happen if an employee chooses to work at a new company and gets paid a higher wage than other employees. Employers cannot legally be able to discriminate against an employee just because they made a decision to work somewhere else. However, if the employee continues to work at this new employer’s place of employment and receives better wages and benefits, they have a case for employer discrimination.
Employer discrimination can also happen in the health and safety hazards that employees are exposed to on the job. If an employer fails to install a safe environment for their employees, or is not making the needed safety precautions, they can be sued for exposing their employees to these dangers. An example of this can be if a gas station puts out propane gas in the wrong tank, causing an employee to get burned, which can cause severe burns, scars, permanent damage, or death. If an employer failed to make the necessary safety precautions, they can be held liable for this employee’s injury and the resulting damages.
Employer discrimination can occur in other situations as well. If an employer passes over a qualified employee because they are female or not, this could constitute discrimination. A court would not have the power to rule in an employment case based solely on sex, which is why it is important to always go through an attorney when dealing with such situations. Many times, employers will have to figure out if they had a reasonable perception that the qualified candidate was not a good fit for the job, before they are sued for discrimination.
To learn more about employer discrimination or a case, contact a qualified attorney. They can help you determine whether you have a case, and what your next steps should be. This is especially important when the accusation is gender-based, as it is very easy to make a mistake and say something that ends up being untrue. However, a skilled attorney can help ensure that the employee receives fair treatment.